text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Information Governance Board for Health and Social Care Regulations 2008 and shall come into force on 27th October 2008.
2
These Regulations shall apply in relation to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“the 1977 Act ” means the National Health Service Act 1977 ;
“ the Board ” means the National Information Governance Board for Health and Social Care established by section 250A of the Act;
“formal meetings of the Board” means meetings of the Board that are formally constituted and include the meetings referred to in regulation 10(1);
“health service body” means —
an English NHS body ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ;
the Secretary of State;
the Commission for Healthcare Audit and Inspection ;
the Care Quality Commission ;
the Dental Practice Board constituted under section 37(1) of the 1977 Act ;
the Health Protection Agency ;
the Independent Regulator of NHS Foundation Trusts ;
the National Assembly for Wales;
the Wales Centre for Health ;
the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) ;
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;
the Department of Health, Social Services and Public Safety for Northern Ireland; or
a body in relation to which a direction has been given under section 58, 60 or 61 of the Act ;
“local authority” means —
any of the bodies listed in section 1 of the Local Government Act 2000 (meaning of local authority) ;
a council constituted under section 2 of the Local Government etc , (Scotland) Act 1994 (constitution of Councils) ; or
a district council established under the Local Government (Northern Ireland) Act 1972 ; and
“sentence of imprisonment” does not include committal —
in default of payment for any sum of money;
for want of sufficient distress to satisfy any sum of money; or
for failure to do or abstain from doing anything required to be done or left undone.
Membership of the National Information Governance Board
2
The Board shall consist of not less than 15 members nor more than 34 members appointed by the Secretary of State.
Disqualification from office
3
Subject to regulation 4 a person (“P”) shall be disqualified from appointment to the Board if —
a
P has, within the preceding 5 years —
i
been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and
ii
been sentenced to a sentence of imprisonment (whether suspended or not), and neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal;
b
P is the subject of a bankruptcy restrictions order inserted by Schedule 5 to the Insolvency (Northern Ireland) Order 2005 or an interim bankruptcy restrictions order;
c
P has had a sequestration of P’s estate awarded and has not been discharged;
d
P has been dismissed, otherwise by reason of redundancy, from any paid employment with a health service body or a local authority;
e
P is a person whose tenure of office as the chairman, convener or member or director of any public body has been terminated on the grounds that —
i
it was not in the interests, or conducive to the good management, of that body that P should continue to hold that office; or
ii
P failed to attend meetings of the body.
f
P is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1989 or the Company Directors Disqualification (Northern Ireland) Order 2002 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual); or
g
P has been —
i
removed from office of the charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of misconduct or mismanagement in the administration of the charity for which P was responsible or to which P was privy, or which P, by P’s conduct, contributed to or facilitated; or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or
iii
removed as a director, trustee or committee member of a registered social landlord .
Cessation of disqualification
4
1
Subject to paragraph (2), a person who is disqualified under regulation 3 (d), (e) or (g) may, after the expiry of two years beginning with the date on which they were dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may remove the disqualification.
2
Where the Secretary of State refuses an application under paragraph (1), no further application may be made by that person until the expiry of the period of two years beginning with the date of the application, and this paragraph shall apply to any subsequent application.
Period of office
5
1
Subject to regulation 6 and 8(4) and (5), the period of office shall be such period not exceeding four years as the Secretary of State may specify on making the appointment.
2
Subject to paragraph (3) and regulation 8(4) and (5), a member shall on the expiry of his period of office be eligible for re-appointment.
3
No member shall hold office for more than six years in total.
Termination of office
6
1
Any member of the Board may submit their resignation from the Board by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Board that the member of the Board should continue to hold office, the Secretary of State may immediately remove the member from office by giving him notice in writing to that effect.
3
If the member fails to attend three consecutive meetings of the Board, the Secretary of State shall immediately remove the member from office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Board within such period as the Secretary of State considers reasonable.
4
Where a member has been appointed and the member becomes disqualified for appointment under regulation 3, the member shall give notice in writing to the Secretary of State of that disqualification.
5
Where a member has been appointed and it comes to the notice of the Secretary of State that at the time of the member’s appointment or later the member was disqualified for appointment under regulation 3 —
a
the Secretary of State shall declare that the person in question was not duly appointed or (as the case may be) became disqualified after appointment; and
b
the Secretary of State shall immediately remove the member from office.
6
Where the Secretary of State removes a member from office under this regulation, the Secretary of State shall give notice in writing to the member to that effect.
Suspension from office
7
1
The Secretary of State may suspend a member from office while the Secretary of State considers whether —
a
to remove the member from office under regulation 6; or
b
the person is disqualified for appointment under regulation 3 or was disqualified for the purposes of regulation 6(5).
2
Where the Secretary of State suspends a member from office under paragraph (1), the Secretary of State shall give notice in writing to that member to that effect.
3
A decision to suspend a member shall take effect immediately.
4
Subject to paragraphs (5) and (6), a period of suspension shall not exceed a period of six months beginning with the date of the decision to suspend the member.
5
The Secretary of State may review at any time a suspension and shall review a suspension after a period of three months beginning with the date of the decision to suspend the member if so requested by the member who has been suspended.
6
Where the Secretary of State reviews a suspension, the Secretary of State may —
a
revoke the suspension, in which case the suspension shall cease to have effect; or
b
suspend the member from office for a further period not exceeding six months beginning with the date of the expiry of the current period of suspension.
Chair of the Board
8
1
The Secretary of State shall appoint the Chair of the Board.
2
The Chair shall be a member of the Board.
3
Where the Chair ceases to be a member of the Board (whether by resignation, removal from office or otherwise), they shall cease to be Chair of the Board.
4
The Chair shall be appointed for such period not exceeding four years as the Secretary of State may specify on making the appointment.
5
The Chair shall on the expiry of his period of office be eligible for re-appointment as Chair, but no one may be Chair for more than six years in total.
6
The Chair may submit their resignation as Chair by giving notice in writing to the Secretary of State.
7
The Secretary of State may immediately remove the Chair as Chair of the Board where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Board for the Chair to continue as Chair of the Board.
8
Where the Secretary of State removes the Chair as Chair of the Board under paragraph (7), the Secretary of State shall give notice in writing to the Chair to that effect.
Deputy Chair of the Board
9
1
The Board may by a majority vote elect a member of the Board to be the Deputy Chair.
2
Where there is no member willing to act as Deputy Chair, the Secretary of State may appoint a Deputy Chair who shall be a member of the Board.
3
The Deputy Chair shall perform the duties of the Chair for any period in which the Chair is unable to discharge their duties.
4
Subject to regulation 5(3), where the Secretary of State has appointed the Deputy Chair under paragraph (2), the Deputy Chair shall hold office as the Deputy Chair and member for such period not exceeding four years as the Secretary of State may specify on making the appointment.
5
The Deputy Chair may submit their resignation as Deputy Chair by giving notice in writing to the Secretary of State.
6
The Secretary of State may immediately remove the Deputy Chair as Deputy Chair of the Board where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Board for the Deputy Chair to continue as Deputy Chair of the Board.
7
Where the Secretary of State removes the Deputy Chair as Deputy Chair of the Board under paragraph (6), the Secretary of State shall give notice in writing to the Deputy Chair to that effect.
Proceedings of the Board
10
1
The Board shall have at least four formal meetings each year.
2
The quorum of the Board shall be at least half the membership of the Board.
3
Where the members of the Board hold differing views on any matter which falls for decision, a majority vote shall be taken.
4
Where there is no majority, the Chair shall have the casting vote.
5
Where a vote is taken in accordance with paragraph (4), the minutes of the meeting shall record the number of votes in favour and the numbers of votes against the decision.
6
The proceedings of the formal meetings of the Board shall be publicly available.
Observers
11
1
The Board may invite a person to attend a meeting of the Board as an observer.
2
An observer shall not have a right to vote at a meeting of the Board.
Papers for formal meetings of the Board
12
1
The Board shall maintain a list of persons and organisations which shall be sent copies of papers which are to be discussed at formal meetings of the Board
2
The Chair shall determine which papers it considers appropriate to send to which persons and organisations under paragraph (1).
3
Where a person or organisation makes written comments to the Board prior to the relevant Board meeting, the Board shall take account of those comments.
Committees and sub-committees
13
1
The Board may establish such committees or sub-committees as it thinks fit (whether to advise the Board or to exercise a function delegated to it by the Board).
2
The members of the committees or sub-committees may include persons who are not members of the Board.
Delegation of functions
14
The Board may delegate a function to a committee, a member or to staff.
Remuneration
15
1
The Secretary of State may determine the amount of remuneration, allowances and expenses that the Board is to pay the Chair, the Deputy Chair and members of the Board and its committees and sub-committees.
2
Payments under this regulation shall be made at such times and in such manner and subject to such conditions as the Secretary of State may determine.
Payments to the Board
16
The Secretary of State shall make payments to the Board in respect of any expenses which it incurs in the performance of its duties.
Accommodation and secretariat
17
1
The Secretary of State shall provide such accommodation and secretarial and administrative support to the Board for the performance of its functions as the Secretary of State may determine.
2
The tasks of the secretariat to the Board shall include the taking of minutes at the formal meetings of the Board and at such committees and sub-committees as it is invited to attend by the Chair of the committee or sub-committee.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
30th September 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the British Citizenship (Designated Service) (Amendment) Order 2008 and shall come into force on 14th February 2008.
Amendment
2
At the end of Schedule 2 to the British Citizenship (Designated Service) Order 2006 (which specifies descriptions of service designated for the purposes of section 2 of the British Nationality Act 1981), add the following paragraph —
15
Service under the Welsh Assembly Government.
.
Liam Byrne
Minister of State
Home Office
21st January 2008


text:
Citation, commencement and interpretation
1
1
These Regulations, which extend to the United Kingdom, may be cited as the Export and Import of Dangerous Chemicals Regulations 2008 and shall come into force on 3rd September 2008.
2
In these Regulations–
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1978 Order ” means the Health and Safety at Work (Northern Ireland) Order 1978 ;
“the Great Britain Executive ” means the Health and Safety Executive established under section 10 of the 1974 Act;
“the Northern Ireland Executive ” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order; and
“ the Regulation ” means Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, of which Annexes I and V are as amended from time to time.
Appointment of designated national authorities
2
The Great Britain Executive and the Northern Ireland Executive shall be the designated national authorities–
a
to act for the performance of the administrative functions required by the Regulation, in accordance with Article 4 of the Regulation; and
b
to have the responsibility for controlling the import and export of chemicals listed in Annex I of the Regulation, in accordance with Article 17 of the Regulation.
False or misleading information
3
An exporter or importer shall not provide information pursuant to the requirements of any Article of the Regulation knowing it to be false or misleading in a material particular, or being reckless as to whether it is false or misleading in a material particular.
Enforcement and offences
4
1
Subject to paragraph (8), it shall be the duty of the Great Britain Executive and the Northern Ireland Executive to make adequate arrangements for the enforcement of the Regulation and of these Regulations, and accordingly references to the enforcing authority in the provisions applied for those purposes by paragraphs (3) and (6) shall be construed as references to the Great Britain Executive and the Northern Ireland Executive.
2
Subject to paragraphs (8) and (9), the provisions of the 1974 Act specified in paragraph (3) shall apply for the purposes of the enforcement in Great Britain of the Regulation and these Regulations as if the Regulation and these Regulations were health and safety regulations for the purposes of that Act, and any function of the Great Britain Executive under any provision of the 1974 Act shall be exercisable as if the Regulation and these Regulations were health and safety regulations for the purposes of that Act.
3
The provisions of the 1974 Act referred to in paragraph (2) are–
a
sections 19 and 20 (appointment and powers of inspectors);
b
sections 25A to 28 (Customs power to detain imports, power to indemnify inspectors, power to obtain information, information provided by Customs, and restrictions on disclosure of information); and
c
sections 33 to 42 (provisions as to offences).
4
For the purposes of paragraph (2) —
a
section 25A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word “substance”, there were inserted the words “or any article bound for export or any substance bound for export”; and
b
section 27A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word “imports”, there were inserted the words “or exports”.
5
Subject to paragraphs (8) and (9), the provisions of the 1978 Order specified in paragraph (6) shall apply for the purposes of the enforcement in Northern Ireland of the Regulation and these Regulations as if the Regulation and these Regulations were health and safety regulations for the purposes of that Order, and any function of the Northern Ireland Executive under any provision of the 1978 Order shall be exercisable as if the Regulation and these Regulations were health and safety regulations for the purposes of that Order.
6
The provisions of the 1978 Order referred to in paragraph (5) are–
a
Articles 21 and 22 (appointment and powers of inspectors);
b
Articles 27A to 30 (Customs power to detain imports, power to indemnify inspectors, power to obtain information, information provided by Customs, and restrictions on disclosure of information); and
c
Articles 31 to 39 (provisions as to offences).
7
For the purposes of paragraph (5) —
a
Article 27A of the 1978 Order shall have effect as if in paragraph (1) of that Article, after the word “substance”, there were inserted the words “or any article bound for export or any substance bound for export”; and
b
Article 29A of the 1978 Order shall have effect as if in paragraph (1) of that Article, after the word “imports”, there were inserted the words “or exports”.
8
Contravention of Article 14(2) of the Regulation, which prohibits the export of chemicals and articles the use of which is prohibited in the Community for the protection of human health or the environment, as listed in Annex V of the Regulation, shall be subject to enforcement under the Customs and Excise Management Act 1979 .
9
A failure to discharge a duty placed–
a
by the Regulation on a designated national authority; or
b
by these Regulations on the Great Britain Executive or the Northern Ireland Executive,
shall not be an offence under section 33(1)(c) of the 1974 Act or under Article 31(1)(c) of the 1978 Order.
Revocation and amendments
5
1
The Export and Import of Dangerous Chemicals Regulations 2005 , the Export of Dangerous Chemicals Regulations (Northern Ireland) 1992 and the Export of Dangerous Chemicals (Amendment) Regulations (Northern Ireland) 1999 are revoked.
2
In the Notification of New Substances Regulations 1993 in sub-paragraph (i) of regulation 3(2) for “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.
3
In the Notification of New Substances Regulations (Northern Ireland) 1994 in regulation 3(2)(h) for “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.
4
In the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 in sub-paragraph (c) of regulation 3(4) for “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.
5
In the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 , in sub-paragraph (c) of regulation 3(4) for “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th August 2008


text:
Citation and commencement
1
This Order may be cited as the Income Tax (Professional Fees) Order 2008 and shall come into force on 6th April 2008.
Addition of fees to Table in section 343(2) of the Income Tax (Earnings and Pensions) Act 2003
2
1
In section 343 of the Income Tax (Earnings and Pensions) Act 2003 the Table in subsection (2) is amended as follows.
2
At the end of item 1 (Health professionals) add —
o
the register maintained by the General Social Care Council,
p
the register maintained by the Care Council for Wales,
q
the register maintained by the Scottish Social Services Council,
r
the register maintained by the Northern Ireland Social Care Council.
.
3
At the end of item 3 (Animal health professionals) add —
d
the register maintained by the Animal Medicines Training Regulatory Authority pursuant to paragraph 13 of Schedule 3 to the Veterinary Medicines Regulations 2006.
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th March 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008 and come into force on 1st September 2008.
2
In these Regulations, “ the Act ” means the Childcare Act 2006.
Prescribed early years provision
2
1
The prescribed early years provision for the purposes of section 7(1) of the Act (duty to secure prescribed early years provision free of charge) is early years provision that is provided by an early years provider to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies.
2
But prescribed early years provision for the purposes of section 7(1) does not include early years provision in respect of which —
a
the Secretary of State has made a direction under section 46(1) of the Act (power to enable exemptions to be conferred); or
b
an early years provider has made a determination under section 46(2) of the Act.
Prescribed periods
3
1
For the purposes of section 7(1) of the Act, the prescribed periods are —
a
no fewer than 38 weeks in any year; and
b
twelve and a half hours, in respect of each of those 38 weeks.
2
In this regulation, a year commences on the day on which a young child attains the age prescribed in regulation 4.
Prescribed ages
4
1
For the purposes of section 7(1)(a) of the Act, the prescribed age is the age that the young child attains at the start of the term beginning on or following the date set out in paragraph (2) —
2
The date is —
a
in the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s third birthday;
b
in the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s third birthday;
c
in the case of a child who was born in the period 1st September to 31st December, 1st January following the child’s third birthday.
3
For the purposes of this regulation, “term” means a term the dates of which have been set under section 32 of the Education Act 2002 .
Beverley Hughes
Minister of State
Department for Children, Schools and Families
30th June 2008


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 2008 and shall come into force on 7th January 2009.
Amendment of the Air Navigation (Overseas Territories) Order 2007
2
The Air Navigation (Overseas Territories) Order 2007 shall be amended as follows.
3
In article 19 after the words “or other premises” there shall be inserted, “including premises used for any of the purposes of the maintenance, overhaul, repair or modification of an aircraft or of any of the material, parts or equipment installed or to be installed in an aircraft”.
4
After article 64(3) there shall be inserted:
4
No person shall hold himself or any other person out as being a person who may offer flights on an aircraft registered in the Territory for the purpose of commercial air transport unless he or (as the case may be) that other person holds a valid air operator’s certificate granted under this article.
5
In article 73, paragraph (8) shall be deleted.
6
For article 74 there shall be substituted:
Commercial air transport operations at night or in Instrument Meteorological Conditions by single engine aeroplanes
74
An aeroplane that is powered by one engine only shall not fly for the purpose of commercial air transport at night or in instrument meteorological conditions unless it is flying on a special VFR flight in a control zone.
7
In article 104(1) for “flights for the purpose of the commercial air transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft” there shall be substituted “flights in any of the categories referred to in paragraph (2) of article 103”.
8
After article 105(12) there shall be inserted:
13
The Governor may, on such conditions as he shall think fit, direct the operator of an aerodrome in the Territory that is not certificated under paragraph (2) of this article to make available at the aerodrome such rescue and fire fighting services as he shall specify having regard to the nature and scope of the aircraft operations undertaken at such aerodrome.
9
After article 107(3) there shall be inserted:
4
For the purposes of this article an aerodrome in respect of which a licence for public use has been granted shall mean an aerodrome to which the Governor or the Government of the Territory has issued a licence under regulations or bylaws made in the Territory for the use of the aerodrome for the purposes of commercial air transport or flying training.
10
After article 135(3) there shall be inserted:
4
No operator or charterer of an aircraft to which this article applies shall hold himself out as a person who may offer to take on board or discharge any passenger or cargo in the Territory for valuable consideration unless:
a
he does so in accordance with a permission granted under this article; and
b
he does so in accordance with any conditions to which such permission may be subject.
11
In article 141, paragraph (1)(a) the words “or 127(2)” shall be substituted for the words “127(2), 135, 137 or 138” and after paragraph (2) there shall be inserted:
3
If it appears to the Secretary of State or to the Governor or to an authorised person that any aircraft is intended or is likely to be flown in such circumstances that any provision of article 135 or 137 would be contravened in relation to the flight, the Secretary of State or Governor or that authorised person may direct the pilot in command of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State, the Governor or by an authorised person and the Secretary of State or Governor or any authorised person may take such steps as are necessary to detain the aircraft.
4
For the purposes of paragraph (3) the Secretary of State or Governor or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.
12
In article 142(1)(d)(ii) there shall be deleted the words “it or”.
13
In article 155, paragraph (1) after the words “such instructions” there shall be inserted “or publish such requirements”.
14
In article 156(1) for the definition of “Authorised person” there shall be substituted:
“Authorised person” means any person authorised by the Governor or, as the case may be, the Secretary of State, either generally or in relation to a particular case or class of cases, and references to a person so authorised include references to the Director of Civil Aviation or the holder for the time being of any office designated by the Governor under article 153 of this Order or any officer of the Police Authority of the Territory acting in the course of his duty.
15
In article 156(1) in the definition of “Governor” after the words “those functions” there shall be added “and if no person has been designated to carry out that function, ASSI”.
16
In article 156(1) in the definition of “State of the operator”:
a
after the word “means” there shall be inserted “for the purposes of articles 7(1), 16(1), 21(3) and 49(1)”;
b
in paragraph (c) for “8(1)” there shall be substituted “7(1)”; and
c
in paragraph (d) the words “or the existence and scope of the agreement have been directly communicated to the Governor” shall be deleted.
17
In Schedule 9 in Regulation 2(1) there shall be deleted all of the words after “commercial air transport of passengers”.
18
In Schedule 11 in the first line of the first paragraph for the word “he” there shall be substituted the word “be”.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Income Tax (Indexation) Order 2008.
Indexation of rate limits for tax year 2008-09
2
The amounts specified in subsections (1) and (2) of section 20 of the Income Tax Act 2007 (the starting rate limit and the basic rate limit) are replaced for the tax year 2008-09 as follows —
a
the starting rate limit is £2,320; and
b
the basic rate limit is £36,000.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008, and shall come into force on 21st July 2008.
Amendments to the 2003 Order
2
1
Article 12 of the Armed Forces (Entry, Search and Seizure) Order 2003 (entry and search of premises in which a person was when or immediately before he was arrested) is amended as follows.
2
In paragraph (1), for “any of the services Acts” substitute “section 74 of either of the 1955 Acts or section 45 of the 1957 Act”.
3
For paragraph (6)(b)(ii) substitute —
ii
a person reasonably suspected of having committed an offence against any provision of the services Acts while subject to service law.
.
3
In article 13(1) of that Order (entry and search of premises occupied or controlled by an arrested person), for “any of the services Acts” substitute “section 74 of either of the 1955 Acts or section 45 of the 1957 Act”.
Amendments to the 2006 Order
4
1
Article 2 of the Armed Forces (Entry, Search and Seizure) Order 2006 (*interpretation) is amended as follows.
2
For paragraph (2) substitute —
2
In relation to a time when seized property is in any person’s possession in consequence of a seizure (“the relevant time”), references in this Order to something for which the person making the seizure had power to search shall be construed in accordance with paragraphs (3) to (6).
3
In each of paragraphs (3) to (6), for “relevant property” substitute “a reference mentioned in paragraph (2)”.
4
For sub-paragraphs (a) and (b) of paragraph (8) substitute —
a
if the premises are a building or part of a building within section 15(1)(a) of the 2001 Act, the person subject to service law for whose use (whether alone or with members of his family) as living accommodation or as a garage the building or part of a building is provided;
b
if the premises are a room, structure or area within section 15(1)(b) of that Act, any person for whom the premises are used to provide sleeping accommodation; and
c
if the premises are a locker within section 15(1)(c) of that Act, the person for whose personal use the locker is provided.
5
In article 3(5) of that Order (additional powers of seizure from premises), for “paragraph (2)” substitute “paragraph (3)”.
6
In article 4(5) of that Order (additional powers of seizure from the person), for “paragraph (2)” substitute “paragraph (3)”.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th June 2008


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) Order 2008 and comes into force on 30th November 2008.
Interpretation
2
In this Order —
“the 1996 Act ” means the Channel Tunnel Rail Link Act 1996;
“the excluded works” means such parts of the works authorised by Part 1 of the 1996 Act as are comprised within the description of the Thameslink Completion works set out in the Schedule to this Order;
“the works” means the following works so far as not falling within the excluded works —
the scheduled works except for Works Nos. 4 and 5R ,
Work No. 4B,
such parts of the works comprised within Works Nos. 4A, 4J, 4K, 4L or 5R as are indicated in blue on the drawings marked “The Channel Tunnel Rail Link (Nomination) Order 1999; drawing no 1” and “The Channel Tunnel Rail Link (Nomination) Order 1999; drawing no 2”, signed by authority of the Secretary of State for the Environment, Transport and the Regions, dated 18th February 1999 , and
the works authorised by paragraph 5 of Schedule 2 to the 1996 Act.
Appointment of nominated undertaker
3
HS1 Limited shall be the nominated undertaker for —
a
the purposes of Part 1 of the 1996 Act except for section 14(1)(b), so far as connected with or in any way relating to the works; and
b
the purposes of section 14(1)(b) of the 1996 Act, so far as concerns the provision of any services in connection with the construction or maintenance of those works.
Revocation of the Channel Tunnel Rail Link (Nomination) Order 1999
4
The Channel Tunnel Rail Link (Nomination) Order 1999 is revoked.
Transfer of rights and liabilities to HS1 Limited
5
1
There shall by virtue of this Order transfer to HS1 Limited all rights conferred by the 1996 Act, and all liabilities, duties and obligations imposed by or arising under the 1996 Act, which, immediately before this Order came into force, were the rights, liabilities or obligations of CTRL ( UK ) Limited so far as concerns any matter connected with or relating to the works.
2
All legal and other proceedings pending on 30th November 2008 may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against CTRL (UK) Limited may be continued, prosecuted or enforced by or against HS1 Limited so far as it concerns any matter connected with or relating to the works.
3
Where, before 30th November 2008 —
a
any notice or other document has been given by or to CTRL (UK) Limited under the 1996 Act in connection with or in relation to the works, or
b
any request for consent or approval has been made (whether or not it has been determined) or other thing done by CTRL (UK) Limited under the 1996 Act in connection with or relating to the works,
it shall have effect as if given by or to, made or done by or determined in respect of HS1 Limited.
4
CTRL (UK) Limited is released from any liability, duty or obligation transferred under paragraph (1).
5
Nothing in paragraphs (1) to (4) shall have the effect, as between HS1 Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before, on or after 30th November 2008) concerning the apportionment between them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
28th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Fees for Payment by Telephone) Regulations 2008 and shall come into force on 13th August 2008.
Fee payable for telephone payments by credit card
2
1
Since the Commissioners expect that they will be required to pay a fee in connection with amounts paid by using a credit card, a person who —
a
makes a payment to the Commissioners or a person authorised by the Commissioners, and
b
gives telephone authorisation to make the payment by credit card,
must also pay a fee of 0.91% of the payment.
2
The fee must be paid by being added to the payment (so that, accordingly, the person must make a single overall payment, consisting of the payment and the fee).
3
In these Regulations “credit card” means a card which —
a
is a credit-token falling within section 14(1)(b) of the Consumer Credit Act 1974 , or
b
would be a credit-token falling within that enactment were the card to be given to an individual.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008 and shall come into force on 30th October 2008.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 3 (claims not required for entitlement to benefit in certain cases) for sub-paragraph (da) substitute —
da
in the case of a bereavement payment where the beneficiary is in receipt of a retirement pension at the date of death of the beneficiary’s spouse or civil partner and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act ;
.
3
In regulation 4 (making a claim for benefit) —
a
in paragraph (1) for “paragraphs (10) and (11),” substitute “paragraphs (10) to (11B),”;
b
in paragraph (1A) for “In the case of” substitute “Subject to paragraph (11A), in the case of”;
c
after paragraph (11) insert —
11A
A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Secretary of State where such a claim falls within a category of case which the Secretary of State accepts for the purposes of making a telephone claim.
11B
Paragraph (11A) shall apply unless in any particular case the Secretary of State directs that the claim must be made in writing.
; and
d
in paragraph (12) for “paragraph (11)” substitute “paragraph (11) or (11A)”.
4
In regulation 6 (date of claim) —
a
in paragraph (1)(c) for “regulation 4(11)” substitute “regulation 4(11) or (11A)”;
b
in paragraph (21) —
i
after “further claim” insert “for a relevant benefit”; and
ii
for “on which the additional circumstances apply” substitute “of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied”;
c
in paragraph (33) —
i
after “carer’s allowance” insert “or for an increase in carer’s allowance in respect of an adult or child dependant”; and
ii
for the words from “is the first day” to “is payable” substitute “shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable”; and
d
for paragraph (34) substitute —
34
Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of qualifying benefit became payable.
.
5
In regulation 22(1) (long term benefits) for “four weeks, or weekly in advance” substitute “four weeks in arrears, weekly in advance or, where the beneficiary agrees, at intervals not exceeding 13 weeks in arrears”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) after paragraph (8B) insert —
8C
A decision made under section 8 or 10 (“the original decision”) may be revised at any time —
a
where, on or after the date of the original decision —
i
a late paid contribution is treated as paid under regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;
ii
a direction is given under regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made; or
iii
an unpaid contribution is treated as paid under regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made; and
b
where any of paragraphs (i), (ii) or (iii) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.
.
3
In regulation 6 (supersession of decisions) —
a
in paragraph (2)(g) for “doctor” substitute “health care professional”;
b
after paragraph (2)(r) insert —
s
is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under —
i
regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;
ii
regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) on a date which falls on or before the date on which the original decision was made; or
iii
regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made.
.
4
In regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
in paragraph (1)(a) after “(2)(b)” insert “,(bb)”;
b
for paragraph (2)(bb) substitute —
bb
where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative —
i
except where paragraph (ii) applies, from the beginning of the benefit week in which the Secretary of State commenced action with a view to supersession; or
ii
in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Secretary of State commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Secretary of State commenced such action;
;
c
for paragraph (2)(bc) substitute —
bc
where —
i
the claimant is a disabled person or a disabled person’s partner;
ii
the decision is advantageous to the claimant; and
iii
the decision is made in connection with the cessation of payment of a carer’s allowance relating to that disabled person,
the day after the last day for which carer’s allowance was paid to a person other than the claimant or the claimant’s partner;
;
d
omit paragraph (2A);
e
after paragraph (8) insert —
8A
Where a decision is superseded in accordance with regulation 6(2)(s), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.
;
f
in paragraph (9)(b) and (c) for “first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after” substitute “date on which”;
g
in paragraph (31) omit “immediately following the day”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
4
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 11 (cases where a relevant authority may suspend) after paragraph (2) add —
3
For the purposes of paragraph 13(3)(c) of Schedule 7 to the Act the prescribed circumstances are that a decision of an appeal tribunal, a Commissioner or a court has been made and the relevant authority —
a
is waiting to receive that decision, or in the case of an appeal tribunal decision, is considering whether to apply for a statement of reasons for it, or has applied for such a statement and is waiting to receive it; or
b
has received that decision or, in the case of an appeal tribunal decision, the statement of reasons for it, and is considering whether to apply for leave to appeal, or where leave to appeal has been granted, is considering whether to appeal,
and the relevant authority shall as soon as reasonably practicable give written notice of its intention to apply for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal.
.
3
In regulation 21(death of a party to an appeal) after paragraph (3) insert —
4
For the purposes of this regulation only, “appeal” means an appeal to an appeal tribunal, a Commissioner or a court.
.
Amendment of the Housing Benefit Regulations 2006
5
In regulation 79(9) of the Housing Benefit Regulations 2006 (date on which change of circumstances is to take effect) for “liable to make payments in respect of” substitute “occupying”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
In regulation 59(9) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (date on which change of circumstances is to take effect) for “liable to make payments in respect of” substitute “occupying”.
James Purnell
Secretary of State for Work and Pensions
7th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Sale of Registration Marks (Amendment) Regulations 2008 and shall come into force on 6th October 2008.
Amendment of Regulations
2
The Schedule to the Sale of Registration Marks Regulations 1995 shall be amended in accordance with the following regulations.
3
In paragraph 1 (interpretation) —
a
at the end of the definition of “purchaser” there shall be added “or any person in whom such right vests by operation of law”;
b
after the definition of “purchaser” there shall be inserted —
“purchase period” means, in relation to the acquisition of a relevant right, the period of 12 months, 24 months or 36 months
;
c
after the definition of “the Registration and Licensing Regulations” “and” shall be omitted and there shall be inserted —
“relevant motor dealer” means a motor dealer selling or supplying vehicles to which Part 1A or Part 2 of Schedule 1 to the 1994 Act applies and to whom registration marks are allocated for assignment to such vehicles;
“relevant period” means the period during which a relevant right is exercisable;
; and
d
after the definition of “relevant right” there shall be inserted —
; and
“vehicle licence” includes a nil licence.
.
4
In paragraph 2 (acquisition of a relevant right) after sub-paragraph (2) there shall be added —
3
A relevant right shall be exercisable only during the purchase period or any extension of that period granted pursuant to paragraph 5(1).
.
5
In paragraph 3 (nominations) —
a
in sub-paragraph (2) after “before a relevant right is exercised” there shall be inserted “or upon the exercise of a relevant right”;
b
in sub-paragraph (3) —
i
sub-paragraphs (a) and (b) shall be omitted;
ii
at the end of sub-paragraph (c) there shall be added “; and”;
iii
after sub-paragraph (c) there shall be inserted —
d
the applicant undertakes to destroy the certificate of entitlement where that is replaced by a new certificate of entitlement by virtue of paragraph 8(6).
.
6
In paragraph 4 (agreements for acquisition) at the end of sub-paragraph (2) there shall be added “and shall specify the duration of the purchase period”.
7
For paragraph 5 (duration and extension of relevant right) there shall be substituted —
Extensions
5
1
Subject to sub-paragraph (3) the Secretary of State may extend on one or more occasions the relevant period.
2
Any such extension shall be for a period of 12 months, 24 months or 36 months beginning on the day after that on which the relevant period would end in the absence of any extension of that period.
3
No extension of the relevant period shall be granted unless —
a
the purchaser applies for the extension in the period commencing 28 days before the date on which the relevant period would end in the absence of any extension of that period;
b
the fee referred to in paragraph 7, as appropriate to that application, is paid; and
c
where the certificate of entitlement does not accompany the application, the purchaser undertakes to destroy that certificate.
.
8
At the end of paragraph 7 (payments on extension of a relevant right) there shall be added “for a period of 12 months, £50 for a period of 24 months and £75 for a period of 36 months”.
9
In paragraph 8 (certificates of entitlement) —
a
in sub-paragraph (1)(c) for “one year period mentioned in paragraph 5(1)” there shall be substituted “purchase period specified in the agreement for acquisition of the relevant right”;
b
in sub-paragraph (2) for “the period mentioned in paragraph 5(1)” and “the period of extension” there shall be substituted “the relevant period”;
c
for sub-paragraphs (3), (4) and (5) there shall be substituted —
3
In the case of a certificate of entitlement which is alleged to have been lost the Secretary of State shall issue a replacement certificate if —
a
the Secretary of State is satisfied that the certificate has been lost; and
b
the purchaser undertakes to destroy the certificate if it is subsequently found and is in the purchaser’s possession.
4
In the case of a certificate of entitlement which is alleged to have become defaced or illegible the Secretary of State shall issue a replacement certificate if —
a
the Secretary of State is satisfied that the certificate has become defaced or illegible; and
b
the purchaser undertakes to destroy the certificate.
5
In the case of a certificate of entitlement which is alleged to have been destroyed, the Secretary of State shall issue a replacement certificate if satisfied that it has been destroyed.
; and
d
in sub-paragraph (6) for “, he shall” there shall be substituted “the Secretary of State shall, save where the application is accepted upon exercise of the relevant right,”.
10
In paragraph 9 (exercise of a relevant right) —
a
in sub-paragraph (2) for “regulation 10” there shall be substituted “sub-paragraph (2A) and paragraph 10”;
b
after sub-paragraph (2) there shall be inserted —
2A
Where —
a
a relevant right has been granted to a purchaser in respect of a registration mark; and
b
a relevant motor dealer is to assign that mark to a new vehicle,
the relevant right shall be exercisable by the purchaser surrendering the certificate of entitlement to the dealer.
; and
c
for sub-paragraph (3) there shall be substituted —
3
In this paragraph —
a
“new” in relation to a vehicle means not registered in the United Kingdom or in any other country; and
b
“the vehicle” means the vehicle in respect of which the purchaser wishes to exercise the relevant right.
.
11
In paragraph 10 (conditions for the assignment of a registration mark) in sub-paragraph (2)(a) there shall be omitted “and the registration mark contains a single letter of the alphabet,”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
9th September 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Interest Payments) (Information Powers) (Amendment) Regulations 2008 and shall come into force on 31st October 2008 immediately after the coming into force of the Income Tax (Deposit-takers and Building Societies) (Interest Payments) Regulations 2008 .
2
These Regulations shall have effect in relation to payments of interest made on or after 31st October 2008.
Amendment of the Income Tax (Interest Payments) (Information Powers) Regulations 1992
2
The Income Tax (Interest Payments) (Information Powers) Regulations 1992 are amended as follows.
3
In regulation 2 (interpretation) —
a
after the definition of “account-holder” insert —
“building society” means a building society within the meaning of the Building Societies Act 1986 ;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
;
b
omit the definition of “the Board”;
c
omit the definition of “Building Societies Regulations ”;
d
in the definition of “deposit-taker” for “section 481(2) of the Taxes Act” substitute “section 853 of ITA 2007 ”;
e
for the definition of “the Deposit-takers Regulations” substitute —
“the Deposit-takers and Building Societies Regulations ” means the Income Tax (Deposit-takers and Building Societies) (Interest Payments) Regulations 2008;
;
f
after the definition of “the Deposit-takers and Building Societies Regulations” insert —
“interest” shall be construed in accordance with section 850(6) of ITA 2007;
“ITA 2007” means the Income Tax Act 2007 ;
“ ITTOIA 2005 ” means the Income Tax (Trading and Other Income) Act 2005 ;
; and
g
for the definition of “payment” substitute —
“payment” means a payment of interest ;
.
4
In regulation 3 (disapplication of section 17(1) and section 18(1)) —
a
in paragraph (2) —
i
in sub-paragraph (a) for “section 56(5) of the Taxes Act” substitute “section 1019 of ITA 2007”;
ii
omit sub-paragraph (d); and
iii
in sub-paragraph (e) for “section 333 of the Taxes Act” substitute “Chapter 3 of Part 6 of ITTOIA 2005 ”;
b
in paragraph (4) —
i
omit sub-paragraphs (a), (b) and (g); and
ii
in sub-paragraph (h) for “section 333 of the Taxes Act” substitute “Chapter 3 of Part 6 of ITTOIA 2005”; and
c
omit paragraph (5).
5
In regulation 5 (further information – cases where certificate of non-liability to tax is given) —
a
in paragraph (2) for “Deposit-takers Regulations” substitute “Deposit-takers and Building Societies Regulations”; and
b
in paragraph (3)(b) —
i
in paragraph (ii) for the words “pursuant” to the end substitute “or building society pursuant to regulation 9 of the Deposit-takers and Building Societies Regulations;”; and
ii
in paragraph (vi) after “deposit-taker” insert “or building society”.
6
In regulation 6 (further information – other cases), in paragraph (2)(ba) for “section 481(5)(k)(i) of the Taxes Act” substitute “section 858, 859, 860 or 861 of ITA 2007”.
7
In regulation 8 (information to be provided to the Board - section 17 notice) —
a
in the heading to the regulation for “the Board” substitute “the Commissioners”;
b
for “The Board” substitute “An officer of Revenue and Customs”; and
c
for “them” and “they” substitute “that officer”.
8
In regulation 9 (information to be provided to the Board - section 18 notice) —
a
in the heading to the regulation for “the Board” substitute “the Commissioners”;
b
for “The Board” substitute “An officer of Revenue and Customs”;
c
for “them” and “they” substitute “that officer”; and
d
for “the inspector” substitute “an officer”.
9
In regulation 10 (inspection of records) for “an officer of the Board” and “the Board” substitute “an officer of Revenue and Customs”.
10
In 11 (retention of records), for paragraph (3) substitute —
3
Paragraphs (1) and (2) are without prejudice to the following provisions —
a
regulation 8(5) of the Deposit-takers and Building Societies Regulations; and
b
regulation 9 of the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 2003 .
.
11
In regulation 12 (use of information) , in paragraph (1) —
a
for “the Board” substitute “an officer of Revenue and Customs”; and
b
for sub-paragraph (b) substitute —
b
shall otherwise be used only for the purposes of —
i
section 17 or 18 of the Management Act and these Regulations;
ii
the provisions of Chapter 2 of Part 15 of ITA 2007 relating to the deduction of tax from payments by building societies and deposit-takers;
iii
the Deposit-takers and Building Societies Regulations; and
iv
the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 2003.
.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th October 2008


text:
PART 1 Preliminary
Citation and Commencement
1
This Order may be cited as the Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008 and comes into force on the tenth day after the day on which it is made.
Revocation
2
The Air Navigation (Environmental Standards) Order 2002 is revoked.
Interpretation
3
1
In this Order —
‘adversely’ means, for the purpose of the definition of ‘derived version’, an increase by more than 0.3 dB to any one of the noise certification levels specified in the noise type certificate;
‘authorised person’ means any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
‘Basic EASA Regulation’ means Regulation ( EC ) No. 216/2008 of the European Parliament and of the Council of 20th February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/ EEC , Regulation (EC) No 1592/2002 and Directive 2004/36/EC ;
‘derived version’ means, for the purposes of paragraph (2), an aircraft which is similar to the aircraft in respect of which a noise type certificate has been granted but incorporates changes in type design which may affect its noise characteristics adversely;
‘EASA’ means the European Aviation Safety Agency established under the Basic EASA Regulation;
‘EASA aircraft’ means an aircraft which is required by virtue of the Basic EASA Regulation and any implementing rules adopted by the Commission in accordance with that Regulation to hold an EASA certificate of airworthiness, an EASA restricted certificate of airworthiness or an EASA permit to fly;
‘EASA certificate of airworthiness’ means a certificate of airworthiness issued in respect of an EASA aircraft under and in accordance with subpart H of Part 21;
‘EASA permit to fly’ means a permit to fly issued in respect of an EASA aircraft under and in accordance with subpart P of Part 21;
‘EASA restricted certificate of airworthiness’ means a restricted certificate of airworthiness issued in respect of an EASA aircraft under and in accordance with subpart H of Part 21;
‘Microlight aeroplane’ means an aeroplane designed to carry not more than two persons which has —
a maximum total weight authorised not exceeding —
300 kg for a single seat landplane (or 390 kg for a single seat landplane in respect of which a United Kingdom permit to fly or certificate of airworthiness was in force prior to 1st January 2003);
450 kg for a two seat landplane;
330 kg for a single seat amphibian or floatplane; or
495 kg for a two seat amphibian or floatplane; and
either a wing loading at the maximum total weight authorised not exceeding 25 kg per square metre or a stalling speed at the maximum total weight authorised not exceeding 35 knots calibrated airspeed;
‘noise certificate’ means a certificate issued by the CAA in accordance with article 8, 9 or 10 or a certificate or other document issued or validated in accordance with article 4(3);
‘noise type certificate’ means a certificate indicating that the type of aircraft to which the certificate refers is acceptable for noise certification;
‘non-EASA aircraft’ means an aircraft which is not required by virtue of the Basic EASA Regulation and any implementing rules adopted by the Commission in accordance with that Regulation to hold an EASA certificate of airworthiness, an EASA restricted certificate of airworthiness or an EASA permit to fly;
‘Part 21’ means the annex so entitled to Commission Regulation (EC) No. 1702/2003 of 24 th September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations ;
‘prescribed’ means prescribed by regulations made by the Secretary of State under this Order;
‘rated output’ has the meaning specified in Part I, Chapter 1 of Volume II of Annex 16;
‘Research aircraft’ means an aircraft which falls in category (b) of Annex II to the Basic EASA Regulation ;
‘smoke’ means the carbonaceous materials in exhaust emissions which obscure the transmission of light;
‘State aircraft’ means an aircraft engaged in military, customs, police or similar services;
‘subsonic aeroplane’ means an aeroplane which is incapable of sustaining level flight at a speed in excess of flight mach 1.0;
‘supersonic aeroplane’ means an aeroplane which is capable of sustaining level flight at a speed in excess of flight mach 1.0;
‘Volume I of Annex 16’ means the fourth edition - July 2005 - of Volume I of Annex 16 to the Chicago Convention as amended by the Supplement to the third edition dated 3rd March 2003 ;
‘Volume II of Annex 16’ means the second edition - July 1993 - of Volume II of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 19th July 1999, Amendment 5 dated 11th July 2005, the Supplement dated 3rd March 2003 and the Amendment to the Supplement dated 22nd October 2003.
2
An aircraft is one for which there is an EASA equivalent type if, in the reasonable opinion of the CAA, it is of the same type as any EASA aircraft or is a derived version of such a type.
3
Other expressions used in this Order and in the Air Navigation Order 2005 have the same meaning in this Order as they have in the Air Navigation Order 2005.
PART 2 Noise Certification for Non-EASA aircraft
Requirement for a noise certificate for a microlight aeroplane
4
1
Subject to article 5, a microlight aeroplane must not land or take off in the United Kingdom unless —
a
there is in force for that aeroplane a noise certificate; and
b
any conditions subject to which the certificate was issued or validated are complied with.
2
In the case of a microlight aeroplane registered in the United Kingdom, a noise certificate required by paragraph (1) is issued by the CAA in accordance with article 8.
3
In the case of a microlight aeroplane registered elsewhere than the United Kingdom, a noise certificate required by paragraph (1) is issued or validated by the competent authority of the country in which the aircraft is registered, if that country is —
a
an EEA State which applies standards which are substantially equivalent to those required for the issue of a noise certificate by the CAA; or
b
a country prescribed as one which applies standards which in the opinion of the Secretary of State are substantially equivalent to those required for the issue of a noise certificate by the CAA.
Exceptions to the requirement for a noise certificate for a microlight aeroplane
5
The prohibition in article 4(1) does not apply to a microlight aeroplane —
a
flying in accordance with the ‘A Conditions’ or the ‘B Conditions’ in Part A of Schedule 3 to the Air Navigation Order 2005;
b
landing or taking off at a prescribed place;
c
which is a self-propelled hang-glider; or
d
for which a permit to fly was first in force prior to 1 st July 1999 and which has a maximum authorised weight greater than 390 kg.
Requirement for a noise certificate for United Kingdom registered State aircraft and Research aircraft for which there is an EASA equivalent type
6
1
This article applies to any aircraft registered in the United Kingdom which is either a State aircraft or a Research aircraft for which there is an EASA equivalent type.
2
Subject to paragraph (3), an aircraft to which this article applies must not land or take off in the United Kingdom unless —
a
there is in force for that aircraft a noise certificate issued by the CAA in accordance with article 9; and
b
any conditions subject to which the certificate was issued are complied with.
3
The prohibition in paragraph (2) does not apply to —
a
an aircraft flying in accordance with the ‘A Conditions’ or the ‘B Conditions’ in Part A of Schedule 3 to the Air Navigation Order 2005; or
b
an aircraft landing or taking off at a prescribed place.
Requirement for a noise certificate for United Kingdom registered State aircraft and Research aircraft for which there is no EASA equivalent type
7
1
This article applies to any aircraft registered in the United Kingdom which is either a State aircraft or a Research aircraft for which there is no EASA equivalent type.
2
Subject to paragraph (3), an aircraft to which this article applies must not land or take off in the United Kingdom unless —
a
there is in force for that aircraft a noise certificate issued by the CAA in accordance with article 10; and
b
any conditions subject to which the certificate was issued are complied with.
3
Paragraph (2) does not apply to —
a
an aircraft flying in accordance with the ‘A Conditions’ or the ‘B Conditions’ in Part A of Schedule 3 to the Air Navigation Order 2005; or
b
an aircraft landing or taking off at a prescribed place.
Issue of noise certificate by the CAA for United Kingdom registered microlight aeroplanes
8
1
The CAA must issue a noise certificate in respect of any microlight aeroplane registered in the United Kingdom if it is satisfied that the aeroplane complies with the standards specified in the Schedule.
2
For the purposes of paragraph (1) an applicant for a certificate must furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.
Issue of noise certificate by the CAA for United Kingdom registered State aircraft or Research aircraft for which there is an EASA equivalent type
9
1
The CAA must issue a noise certificate in respect of any State aircraft or Research aircraft registered in the United Kingdom for which there is an EASA equivalent type if it is satisfied that the aircraft complies with the noise standards with which the aircraft would be required to comply if it were an EASA aircraft.
2
For the purposes of paragraph (1) an applicant for a certificate must furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.
3
The CAA must issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take off and may issue such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.
Issue of noise certificate by the CAA for United Kingdom registered State aircraft or Research aircraft for which there is no EASA equivalent type
10
1
The CAA must issue a noise certificate in respect of any State aircraft or Research aircraft registered in the United Kingdom —
a
for which a noise standard is included in Volume 1 of Annex 16; and
b
for which there is no EASA equivalent type,
if it is satisfied that the aircraft complies with the applicable noise standard in Volume 1 of Annex 16.
2
For the purposes of paragraph (1) the applicant for a certificate must furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.
3
The CAA must issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take off and may issue such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.
4
For the purposes of determining the noise standard applicable to an aircraft where the interval between —
a
the application for a type certificate and the first issue of a certificate of airworthiness for an aircraft of that type; or
b
the application for a change of type design and the first issue of a certificate of airworthiness for an aircraft of that type as modified,
exceeds 5 years, the date on which the application for a type certificate or a change of type design was made is, unless the CAA in a particular case otherwise directs, deemed to be 5 years before the date of the first issue of the certificate of airworthiness.
Validity of noise certificate
11
1
Subject to paragraph (2) and article 22, a noise certificate issued under article 8, 9 or 10 remains in force without limit of time.
2
A noise certificate issued under article 8, 9 or 10 ceases to be valid for the purposes of article 4, 6 or 7 —
a
if the aircraft or any part of it is modified in any way which affects the ability of the aircraft to comply with the noise standards required by this Order, unless such modification is in a manner and with material of a type approved by the CAA for the purposes of this Part either generally or in relation to a class of aircraft or to a particular aircraft;
b
until the satisfactory completion of any inspection or test of the aircraft required by the CAA to be made for the purpose of ascertaining whether the aircraft continues to comply with the noise standards required by this Order.
Information to be included in flight manual
12
1
This article applies to any aircraft first registered in the United Kingdom on or after 1st August 1986 (other than a microlight aeroplane) in respect of which by virtue of article 20 a noise certificate is required to be carried.
2
An aircraft to which this article applies must not fly unless the flight manual in respect of that aircraft includes the information specified in Part II, Chapter 1 of Volume I of Annex 16.
Exemptions in respect of Part 2 of this Order
13
The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.
PART 3 Emissions Certification for Non-EASA aircraft
Fuel venting requirements
14
1
This article applies to —
a
every non-EASA jet aircraft in respect of which a certificate of airworthiness was first issued on or after 18th February 1982; and
b
every other non-EASA aircraft which is powered by one or more turbojet engines or turbofan engines where the date of manufacture of any such engine was on or after 18th February 1982.
2
Subject to article 18, an aircraft to which this article applies must not land or take off in the United Kingdom unless —
a
it has individually been certified or is of a type which has been certified, in accordance with article 17, as complying with the requirements relating to fuel venting specified in paragraph (3); and
b
it is fitted with the engines specified in the emissions certification issued under article 17.
3
The requirements referred to in paragraph (2) are that when fitted with the type of engine specified in the emissions certification issued under article 17, the aircraft is designed and constructed to prevent the intentional discharge into the atmosphere of liquid fuel from the fuel nozzle manifolds resulting from the process of engine shutdown following normal flight or ground operations.
Smoke emission requirements
15
1
This article applies to —
a
every non-EASA subsonic aeroplane powered by one or more turbojet engines or turbofan engines where the date of manufacture of any such engine was on or after 1st January 1983; and
b
every non-EASA supersonic aeroplane powered by one or more turbojet engines or turbofan engines where the date of manufacture of any such engine was on or after 18th February 1982.
2
Subject to article 18, an aeroplane to which this article applies must not land or take off in the United Kingdom unless every engine fitted to the aeroplane is of a type which has been certified in accordance with article 17 as complying with the requirements relating to smoke emission specified in paragraph (3).
3
The requirements referred to in paragraph (2) are —
a
for turbojet engines or turbofan engines fitted to subsonic aeroplanes, those specified in Part III, Chapter 2 of Volume II of Annex 16; and
b
for turbojet engines or turbofan engines fitted to supersonic aeroplanes, those specified in Part III, Chapter 3 of Volume II of Annex 16.
Unburned hydrocarbons, carbon monoxide and oxides of nitrogen emission requirements
16
1
This article applies to every non-EASA aeroplane which is powered by one or more turbojet engines or turbofan engines referred to in paragraph (2).
2
The engines referred to in paragraph (1) are those intended —
a
for the propulsion of aeroplanes only at subsonic speeds, the rated output of which is greater than 26.7 kilonewtons and the date of manufacture of which was on or after 1st January 1986; and
b
for the propulsion of aeroplanes at supersonic speeds, the date of manufacture of which was on or after 18th February 1982.
3
Subject to article 18, an aeroplane to which this article applies must not land or take off in the United Kingdom unless every engine referred to in paragraph (2)(a) or paragraph (2)(b) which is fitted to the aeroplane is of a type which has been certified in accordance with article 17 as complying with the requirements specified in paragraph (4) relating to the emission of unburned hydrocarbons, carbon monoxide and oxides of nitrogen.
4
The requirements referred to in paragraph (3) are —
a
for turbojet engines or turbofan engines intended for propulsion of aeroplanes only at subsonic speeds, the requirements specified in Part III, Chapter 2 of Volume II of Annex 16;
b
for turbojet engines or turbofan engines intended for propulsion of aeroplanes at supersonic speeds, the requirements specified in Part III, Chapter 3 of Volume II of Annex 16.
Emissions certification
17
1
Certification required by this Part is issued —
a
in the case of a non-EASA aircraft registered in the United Kingdom, by the CAA in accordance with paragraph (2); or
b
in the case of any other non-EASA aircraft, by the competent authority of the Contracting State in which the aircraft is registered in accordance with the Chicago Convention.
2
The CAA must certify a type of aircraft, turbojet engine or turbofan engine if it is of the opinion that the type in question complies with the requirements specified in article 14(3), 15(3) or 16(4).
3
An applicant for certification to be issued by the CAA pursuant to paragraph (1)(a) must furnish such evidence and submit aircraft or engines of the type in respect of which the application has been made to such tests as the CAA may require.
Exceptions to requirement to be certified
18
The requirement to be certified in accordance with this Part does not apply to —
a
an aircraft flying in accordance with the ‘A Conditions’ or the ‘B Conditions’ in Part A of Schedule 3 to the Air Navigation Order 2005; or
b
an aircraft landing or taking off at a prescribed place.
Exemptions in respect of Part 3
19
The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part any aircraft or engine or persons or classes of aircraft or engine or persons, either absolutely or subject to such conditions as it thinks fit.
PART 4 Carriage of and Production and Revocation of Noise Certificate for Non-EASA aircraft
Noise certificate to be carried
20
1
A non-EASA aircraft must not land or take off in the United Kingdom unless it carries every noise certificate which it is required to carry under the law of the country in which it is registered.
2
Subject to paragraph (3), a non-EASA aircraft registered in the United Kingdom must, when in flight, carry every noise certificate which is required by this Order to be in force in respect of that aircraft.
3
If a flight by a non-EASA aircraft registered in the United Kingdom is intended to begin and end at the same aerodrome in the United Kingdom, the certificate which is required by this Order to be in force in respect of that aircraft may be kept at that aerodrome instead of being carried in the aircraft.
Production of noise certificate
21
1
Within a reasonable time after being requested to do so by the CAA or by an authorised person, the commander of an aircraft must cause to be produced to the CAA or to that person every noise certificate in force in respect of that aircraft which is required to be carried under this Order.
2
Within a reasonable time after being requested to do so by the CAA or by an authorised person, the operator of an aircraft must cause to be produced to the CAA or to that person every noise certificate in force in respect of that aircraft which is required to be carried under this Order.
Revocation, suspension and variation of noise certificate or exemption
22
1
The CAA may, if it thinks fit, provisionally suspend any noise certificate or exemption issued under Part 2 pending inquiry into or consideration of the case.
2
The CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate or exemption.
3
The holder or any person having the possession or custody of any noise certificate or exemption which has been revoked, suspended or varied under paragraph (2) must surrender it to the CAA within a reasonable time after being required to do so by the CAA.
4
The breach of any condition subject to which any noise certificate or exemption has been issued under Part 2 renders the certificate or exemption invalid during the continuance of the breach.
PART 5 Offences, Penalties and General
Prohibitions in relation to noise certificates and emissions certification
23
1
A person must not with intent to deceive —
a
use any noise certificate issued under Part 2 which has been revoked or suspended, or to which he is not entitled;
b
lend any such certificate to, or cause or permit it to be used by, any other person; or
c
make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any such certificate or of emissions certification issued in accordance with article 17.
2
A person must not purport to issue any noise certificate or emissions certification under this Order unless he has been authorised to do so by the CAA.
Power to prevent aircraft flying
24
1
If it appears to the CAA or to an authorised person that any aircraft is intended or likely to be flown in such circumstances that article 4(1), 6(2), 7(2), 14(2), 15(2) or 16(3) would be contravened, the CAA or that authorised person may direct the operator or the commander of the aircraft or both of them that he or they must not permit the aircraft to make the flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person.
2
If the aircraft is in the United Kingdom, the CAA or that authorised person may take such steps as are necessary to detain the aircraft.
3
The operator and the commander of an aircraft must comply with any direction given to him or them pursuant to paragraph (1), unless he has or they have reasonable excuse.
4
For the purposes of paragraph (1), the CAA or any authorised person may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
25
1
Subject to paragraph (2), for the purpose of ascertaining whether the provisions of this Order are being complied with, the CAA and any authorised person has the right of access at all reasonable times to any aerodrome or any other place in the United Kingdom where an aircraft has landed for the purpose of inspecting that aircraft or inspecting any noise certificate which it, or he, has power to demand under article 21, and for the purpose of detaining that aircraft under article 24(2).
2
In relation to any Government aerodrome the CAA or the authorised person (as the case may be) must obtain the permission of the person in charge of that aerodrome before exercising the right of access to it referred to in paragraph (1).
Obstruction of persons
26
A person must not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Offences and penalties
27
1
If any provision of this Order is contravened in relation to an aircraft, the operator and the commander of that aircraft is (without prejudice to the liability of any other person under this Order for that contravention) deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission is deemed not to be a contravention by that person of that provision.
3
If any person contravenes any provisions of this Order, not being a provision referred to in paragraph (4), he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If any person contravenes article 4(1), 6(2), 7(2), 14(2), 15(2), 16(3), 23, 24(3) or 26 he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Liability of persons other than principal offender
28
1
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 be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under this Order is committed in Scotland by a Scottish partnership and 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 as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Application of the Order to the Crown and visiting forces
29
1
Subject to paragraphs (2), (3) and (4), the provisions of this Order apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft.
2
For the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is deemed to be the operator of the aircraft.
3
Nothing in this article renders such Department or other authority liable to any penalty.
4
The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters are exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.
5
Nothing in this Order applies to or in relation to any military aircraft.
Extra-territorial effect of the Order
30
1
The provisions of this Order —
a
in so far as they apply to aircraft registered in the United Kingdom, apply to such aircraft wherever they may be;
b
in so far as they apply to other aircraft apply to such aircraft when they are within the United Kingdom;
c
in so far as they prohibit, require or regulate the doing of anything by the commander of any aircraft registered in the United Kingdom, apply to him wherever he may be; and
d
in so far as they prohibit, require or regulate the doing of anything in relation to any aircraft registered in the United Kingdom by other persons, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.
2
Nothing in this article is to be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 that that person is not to be guilty of an offence.
Acceptance of reports
31
The CAA may, for the purposes of this Order, accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it thinks fit, as qualified to furnish such reports.
Judith Simpson
Clerk to the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No.6) Regulations 2008 and shall come into force on 27th December 2008.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
The Social Security (Contributions) Regulations 2001 are amended as follows.
2
After regulation 65C insert —
Late payment of voluntary Class 2 and 3 contributions for tax year 2006-07
65D
1
Paragraph (3) applies where a person who meets the conditions in paragraph (2) —
a
is entitled, but not liable, to pay a Class 2 or Class 3 contribution in respect of the tax year 2006-07; and
b
pays the contribution after the end of that year, but not later than 5th April 2013.
2
The conditions are that —
a
the person will reach pensionable age on or after 6th April 2010; and
b
the person has been precluded from regular employment by responsibilities at home in any year.
3
Notwithstanding sections 12(3) and 13(6) of the Act , the amount of the contribution shall be calculated by reference to the weekly rate which would have been payable if it had been paid during the tax year 2006-07.
4
A person is precluded from regular employment by responsibilities at home in any year if they are taken to be such a person within the meaning of regulations made under paragraph 5(7)(b) of Schedule 3 to the Act .
.
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2008


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 11) (England and Wales) Order 2008.
2
This Order applies in relation to England and Wales.
Commencement
2
1
In so far as it is not already in force , Part 5 of (and Schedule 8 to) the Housing Act 2004 (“ the Act ”) shall come into force on 6th April 2008.
2
The duties under sections 155 to 159 of the Act shall apply subject to the Home Information Pack (No.2) Regulations 2007 .
Kay Andrews
Parliamentary Under-Secretary of State
Department for Communities and Local Government
13th March 2008


text:
Title and Commencement
1
The Title of this Order is the Pontypridd and Rhondda National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 April 2008.
Dissolution of NHS Trust
2
The Pontypridd and Rhondda National Health Service Trust established by the Pontypridd and Rhondda National Health Service Trust (Establishment) Order 1998 is hereby dissolved, and accordingly that Order is hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.4) Order 2008.
2
In this Order, unless otherwise specified, references to sections and Schedules are references to sections and Schedules of the Local Government and Public Involvement in Health Act 2007.
Appointed days for provisions relating to local involvement networks, joint strategic needs assessments and power to make further amendments and repeals
2
1
21st February 2008 is the day appointed for the coming into force of the following provisions —
a
section 223;
b
section 224;
c
section 226(6);
d
section 228(3) to (8);
e
section 243.
2
10th March 2008 is the day appointed for the coming force of section 227 for the purpose of giving directions.
3
1st April 2008 is the day appointed for the coming into force of the provisions specified in the Schedule to this Order.
4
30th June 2008 is the day appointed for the coming into force of the following provisions —
a
section 232 in so far as it is not already in force;
b
section 241 in so far as it relates to Part 18 of Schedule 18 and in so far as it is not already in force;
c
Part 18 of Schedule 18 in so far as it is not already in force.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
19th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2008 and come into force on 1st October 2008.
Amendment of the Employers’ Liability (Compulsory Insurance) Regulations 1998
2
1
The Employers’ Liability (Compulsory Insurance) Regulations 1998 are amended as follows.
2
In regulation 4 (issue of certificates of insurance), omit paragraphs (4) and (5).
3
In regulation 5 (display and production of copies of certificates of insurance), for paragraphs (1) and (2) substitute —
1
An employer who has been issued with a certificate under regulation 4 must display one or more copies of it at each place of business at which he employs any relevant employee of the class or description to which such certificate relates.
2
The requirements in paragraph (1) will be satisfied if the certificate is made available in electronic form and each relevant employee to whom it relates has reasonable access to it in that form.
.
4
In regulation 6(b) (production of certificates of insurance to an inspector) omit “and retained by him in accordance with regulation 4(4) above”.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th July 2008