text:
Citation and commencement
1
This Order may be cited as the Serious Crime Act 2007 (Amendment of the Proceeds of Crime Act 2002) Order 2008 and shall come into force on 1st April 2008 or, if this Order has not been made on or before 31st March 2008, on the day after the day on which it is made.
Amendment of the Proceeds of Crime Act 2002
2
In section 280(4) of the Proceeds of Crime Act 2002 (recovery orders: realised proceeds etc. not to be applied in paying the remuneration of trustees who are members of staff of certain enforcement authorities) after “concerned” insert “(but it does apply in relation to such remuneration if the trustee is a person providing services under arrangements made by that enforcement authority)”.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
31st March 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Interpretation
2
In these Regulations —
“aircraft BTS ” means a base transceiver station located in an aircraft;
“apparatus” means wireless telegraphy apparatus;
“ dBm ” means decibels of power referenced to one milliWatt;
“ e.i.r.p. ” means equivalent isotropic radiated power;
“ ETSI ” means the European Telecommunications Standards Institute;
“ kHz ” means kilohertz;
“ MHz ” means megahertz;
“mobile communication services on aircraft” means electronic communications services provided by an undertaking to enable airline passengers to use public communications networks during flight without establishing direct connections with terrestrial mobile networks;
“network control unit” means equipment located in an aircraft that ensures that signals transmitted by ground based mobile electronic communication systems are not detectable within the cabin by raising the noise floor inside the cabin in mobile communication receive bands; and
“relevant network” means an electronic communications network that includes an aircraft BTS and a network control unit.
Exemption
3
The use of any apparatus on board an aircraft which is —
a
an aircraft registered in the United Kingdom; and
b
flying over the United Kingdom or UK territorial sea, or, for the time being, beyond the United Kingdom and the UK territorial sea;
is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006 where the terms, provisions and limitations in regulation 4 are met.
Terms, provisions and limitations
4
1
The apparatus must comply with the GSM standard EN 301 511 published by ETSI (or equivalent specification).
2
The apparatus must only operate in the frequency bands 1710-1785 MHz and 1805-1880 MHz.
3
The apparatus must only be used —
a
for mobile communication services on aircraft;
b
when the aircraft is three thousand metres or more above the ground;
c
where the aircraft BTS limits the transmission power of all apparatus to a nominal value of 0 dBm at all stages of communication, including initial access; and
d
where the e.i.r.p. outside the aircraft emanating from the apparatus transmitting at 0 dBm does not, at each of the heights above ground specified in Column 1 of Table 1 of the Schedule, exceed the value specified in Column 2 of that Table.
4
The apparatus must not cause or contribute to undue interference to any wireless telegraphy.
5
The apparatus must connect directly to a relevant network in which —
a
the network control unit prevents the apparatus, when operating on one of the frequency bands listed in Column 1 of Table 2 of the Schedule, from registering on that band with the types of system on the ground which are listed adjacent to that band in Column 2 of that Table;
b
the network control unit and the aircraft BTS operate such that their total e.i.r.p. outside the aircraft does not, at each height above ground specified in Column 1 of Table 3 of the Schedule, and at each of the frequency bands specified in the heading of Columns 2 to 5 of that Table, exceed the value specified in Columns 2 to 5 of that Table;
c
the aircraft BTS complies with the GSM standards EN 301 502 and EN 302 480 published by ETSI (or equivalent specifications); and
d
the network control unit complies with the GSM standard EN 302 480 published by ETSI (or equivalent specification).
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
10th September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008 and shall come into force on the day after the day on which it is made.
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“British Transport Police Force” means the police force established under section 20 of the Railways and Transport Safety Act 2003 .
Information: specified persons and purposes
2
For the purposes of section 20(1)(f) of the Act, the following persons and purposes are specified —
a
the Secretary of State for Transport for the purposes of Part III of the Road Traffic Act 1988 and the Merchant Shipping Act 1995 ;
b
the Secretary of State for Work and Pensions for the purposes of functions relating to social security; and
c
the Chief Constable of the British Transport Police Force for the purposes of the prevention, detection, investigation or prosecution of criminal offences and safeguarding national security.
Specified immigration purposes
3
For the purposes of section 20(3)(e) of the Act, the following purposes are specified —
a
determining whether to impose, or imposing, penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 (restrictions on employment); and
b
providing facilities, or arranging for the provision of facilities, for the accommodation of persons under section 4 of the Act .
Liam Byrne
Minister of State
Home Office
30th July 2008


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008 and come into force on 12th May 2008.
2
In these Rules a reference to a rule by number alone is to the rule so numbered in the Asylum and Immigration Tribunal (Procedure) Rules 2005 .
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
2
For rule 8(2) substitute —
2
The notice of appeal must be accompanied by —
a
the notice of decision against which the appellant is appealing; or
b
if it is not practicable to include the notice of decision, the reasons why it is not practicable.
.
3
In rule 9 —
a
for the title substitute “Where the Tribunal may not accept a notice of appeal”; and
b
for paragraph (1) substitute —
1
Where a person has given a notice of appeal to the Tribunal and the circumstances in paragraph (1A) apply, the Tribunal may not accept the notice of appeal.
1A
The circumstances referred to in paragraph (1) are that —
a
there is no relevant decision; or
b
the notice of appeal concerns the refusal of an application for entry clearance which was not made for a purpose falling within section 88A(1)(a) or (b) of the 2002 Act, and the notice of appeal does not rely on either of the grounds specified in section 88A(3)(a) of the 2002 Act.
.
4
In rule 15(2) —
a
after sub-paragraph (b) insert —
ba
the appellant is outside the United Kingdom and his representative’s address for service is outside the United Kingdom;
; and
b
in sub-paragraph (c) after “a direction of the Tribunal” insert “, or to provide a satisfactory explanation under rule 8(2)(b)”.
5
For rule 30(1) substitute —
1
When the other party to the appeal is served with an order for reconsideration, he must file with the Tribunal and serve on the applicant a reply setting out his case if he contends that —
a
there was no error of law in the decision on the appeal; or
b
there was an error of law in the decision on the appeal, but it was not a material error of law.
.
6
In rule 31 —
a
in paragraph (4) —
i
in sub-paragraph (a) delete “and”;
ii
in sub-paragraph (b) for “reconsideration.” substitute “reconsideration; and”; and
iii
after sub-paragraph (b) insert —
c
when making a decision under paragraph (2)(a) —
i
must take into account the section 103A application and any reply; and
ii
may take into account any other matter which it considers relevant.
; and
b
in paragraph (5) after “In” insert “ rule 30 and”.
7
In rule 33 —
a
in paragraph (2) for “make a separate determination (“the funding determination”)” substitute “make a determination (“the funding determination”) either at the same time as its determination of the reconsidered appeal (“the principal determination”) or in a separate determination,”; and
b
in paragraph (4) for “the determination of the reconsidered appeal (“the principal determination”)” substitute “the principal determination”.
8
For rule 36(2) and (3) substitute —
2
The Tribunal may —
a
grant permission to appeal;
b
refuse permission to appeal; or
c
subject to paragraph (3), set aside the Tribunal’s determination and direct that the proceedings be reheard by the Tribunal.
3
The power in paragraph (2)(c) may be exercised only —
a
by the President or a Deputy President;
b
with the agreement of the parties; and
c
where there has been no previous exercise of the power in the proceedings.
.
9
In rule 45(4)(c), after “party” add “ (including, where the Tribunal considers that there are exceptional reasons for doing so, extending a time limit which has expired)”.
10
After rule 56(2) add —
3
If the respondent knows that the appellant has changed the address referred to in paragraph (1), he must notify the Tribunal in writing of that fact and, if he is aware of it, the new address.
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
11th April 2008


text:
Citation and commencement
1
This Order may be cited as the West Northamptonshire Joint Committee Order 2008 and shall come into force on 25th July 2008.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“ the Agreement ” means the Agreement dated 23rd May 2008 between the constituent authorities;
“the constituent authorities” means the authorities specified in article 3(2);
“co-opted member” means a member of the joint committee appointed in accordance with article 5(5);
“the joint committee” means the West Northamptonshire Joint Strategic Planning Committee;
“observer” means a person appointed in accordance with article 5(6);
“substitute” means a person appointed in accordance with article 5(3); and
“voting member” means a person appointed in accordance with article 5(2).
Establishment of the joint committee
3
1
A joint committee, to be known as the West Northamptonshire Joint Strategic Planning Committee, is constituted as the local planning authority for the purposes of Part 2 (local development) of the 2004 Act for the administrative areas of Northampton Borough Council, Daventry District Council and South Northamptonshire District Council in respect of the matters specified in article 4(1) (being matters specified in the Agreement).
2
The following authorities are specified as those which are to constitute the joint committee —
a
Northamptonshire County Council;
b
Northampton Borough Council;
c
Daventry District Council; and
d
South Northamptonshire District Council.
Functions of the joint committee
4
1
The matters referred to in article 3(1) are the preparation, submission and revision of —
a
such of the local development documents specified in the local development scheme submitted to the Secretary of State on 16th March 2007 as are identified in that scheme for preparation otherwise than by a constituent authority;
b
the joint local development scheme; and
c
the local development documents specified in the joint local development scheme.
2
Section 15 (local development scheme) of the 2004 Act shall apply in relation to the joint committee as if for paragraph (b) of subsection (3) there were substituted —
b
submit its joint local development scheme to the Secretary of State not later than 25th October 2008;
.
Membership of the joint committee and voting rights
5
1
The joint committee shall consist of —
a
2 members appointed by Northamptonshire County Council;
b
4 members appointed by Northampton Borough Council;
c
3 members appointed by Daventry District Council;
d
3 members appointed by South Northamptonshire District Council; and
e
such number of co-opted members as may be appointed pursuant to paragraph (5).
2
The members appointed by the constituent authorities shall be entitled to vote at a meeting of the joint committee on any question that falls to be decided at that meeting.
3
Each constituent authority shall appoint a substitute for each voting member it appoints; and where paragraph 5(6)(c) of the Schedule applies, a substitute shall be entitled to vote at the meeting of the joint committee as regards which the substitute is deemed to be a voting member, on any question which falls to be decided at that meeting.
4
A constituent authority shall not appoint as a voting member or substitute a person who is not a member of that authority.
5
The joint committee may invite other bodies to participate in proceedings of the joint committee, and each body that accepts such an invitation shall appoint one member of the joint committee.
6
The joint committee may, in accordance with the terms of the Agreement, appoint observers who may attend and participate in meetings of the joint committee.
7
Co-opted members and observers shall not be entitled to vote at any meeting of the joint committee on any question which falls to be decided at that meeting.
8
Voting members and substitutes shall be entitled to recover from the constituent authority by which they are appointed any expense they incur in connection with the discharge of the joint committee’s functions.
Disqualification for membership of the joint committee
6
1
A person who is disqualified under Part 5 (general provisions as to members and proceedings of local authorities) of the 1972 Act for being elected or being a member of a local authority shall be disqualified for being a member of the joint committee.
2
Section 92 (proceedings for disqualification) of the 1972 Act, with the exception of subsections (7) and (8), shall apply with respect to membership of, or claims to be entitled to act as a member of, the joint committee as it applies to membership of, or claims to be entitled to act as a member of, a local authority.
Tenure of office
7
1
A voting member shall hold office for a period of three years from the date of appointment but a person shall cease to be a voting member if the person —
a
resigns in accordance with paragraph (4);
b
is removed or replaced by the constituent authority which made the appointment; or
c
ceases to be a member of a constituent authority (and does not on the same day again become a member of that or any other constituent authority).
2
A person appointed as a co-opted member shall hold office until one of the following occurs —
a
the person resigns in accordance with paragraph (4);
b
the person is removed or replaced by the body which made the appointment; or
c
the joint committee decides that the body which made the appointment may no longer participate in proceedings of the joint committee.
3
A person who ceases to be a voting member of the joint committee shall be eligible for reappointment.
4
A member may resign from the joint committee by sending written notice delivered —
a
in the case of a member appointed by a local authority, to the proper officer of the local authority which appointed the member;
b
in any other case, to the body which appointed the member.
5
Any casual vacancy shall be filled as soon as practicable by the body which appointed the member of the joint committee whose membership has ceased.
Meetings and proceedings
8
The meetings and proceedings of the joint committee shall be conducted in accordance with the rules set out in the Schedule to this Order.
Secondments
9
1
The constituent authorities may make secondments, in accordance with the Agreement, of such officers as they think necessary to enable the joint committee to discharge its functions.
2
The joint committee may make arrangements with a constituent authority for the services of any officer of that authority to be placed at the disposal of the joint committee for such period as may be agreed between the joint committee and the constituent authority.
Expenses of joint committee
10
The expenses incurred by the joint committee shall be defrayed by South Northamptonshire District Council.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th June 2008


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2008 and shall come into force on 9th April 2008.
Increase in earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for “£180” substitute “£185”; and
b
in paragraph (b), for “£24” substitute “£25” and for “£180” substitute “£185”.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State
Department for Work and Pensions
11th March 2008


text:
Citation and commencement
1
This Order may be cited as the Alternative Finance Arrangements (Community Investment Tax Relief) Order 2008 and shall come into force on 10th July 2008.
Amendment to the Finance Act 2005
2
After section 54 of the Finance Act 2005 insert —
Treatment of section 47, 49 and 49A arrangements as loans: Community Investment Tax Relief
54A
1
This section has effect for the purposes of the following enactments (“the specified enactments”) —
a
Schedule 16 to FA 2002 ,
b
Part 7 of ITA 2007 ,
c
regulations made under or having effect as if made under paragraph 4 of Schedule 16 to FA 2002 , and
d
regulations made under section 340 or 341 of ITA 2007.
2
The specified enactments have effect as if —
a
references to a loan included references to arrangements falling within section 47, 49 or 49A, and
b
references to interest included references to alternative finance return or profit share return.
3
Where arrangements fall within section 47, the specified enactments have effect in relation to those arrangements as if —
a
X is treated as making a loan to Y equal to the purchase price paid by X for the asset,
b
if the arrangements provide that X will transfer ownership of the asset to Y in instalments —
i
references to the loan being drawn down over a period of time include references to the asset being transferred to Y in instalments,
ii
references to the date on which the first amount of the loan is drawn down include references to the date on which the first instalment is transferred to Y, and
iii
references to the amount drawn down at a given date include references to the value of the instalments transferred at that date,
c
in calculating the amount of capital outstanding on the loan each payment of the sale price (or part thereof), less any amount of alternative finance return included within each payment, is treated as a repayment of the loan capital,
d
references to the beneficial owner of the loan include references to the person beneficially entitled to payment of the sale price,
e
references to the disposal of the whole or any part of the loan include references to the disposal of the right to receive payment of the whole or any part of the outstanding sale price.
4
If arrangements which fall within section 47 are, pursuant to the application of this section, qualifying investments under Part 3 of Schedule 16 to FA 2002 or Chapter 3 of Part 7 of ITA 2007, paragraph 35 of Schedule 16 to FA 2002 or section 366 of ITA 2007 has effect in relation to that arrangement as if sub-paragraph (1)(f) or subsection (1)(f) were omitted.
5
Where arrangements fall within section 49, the specified enactments have effect in relation to the arrangements as if —
a
the depositor is treated as making a loan to the financial institution equal to the money deposited,
b
if the arrangements provide that the depositor will deposit a sum of money with the financial institution in instalments —
i
references to the loan being drawn down over a period of time include references to the depositor depositing a sum of money to the financial institution in instalments,
ii
references to the date on which the first amount of the loan is drawn down include references to the date on which the first instalment is deposited with the financial institution, and
iii
references to the amount of an investment drawn down at a given date include references to the value of the instalments deposited with the financial institution at that date,
c
the capital outstanding on the loan is equal to the balance of the repayable deposit and references to any repayment of the loan include references to any repayment of the deposit,
d
references to the beneficial owner of the loan include references to the person beneficially entitled to repayment of the deposit,
e
references to the disposal of the whole or any part of the loan include references to the disposal of the right to receive repayment of the whole or any part of the deposit.
6
Where arrangements fall within section 49A, the specified enactments have effect in relation to the arrangements as if —
a
the principal is treated as making a loan to the agent equal to the money provided by the principal to the agent,
b
if the arrangements provide that the principal will provide a sum of money to the agent in instalments —
i
references to the loan being drawn down over a period of time include references to the principal providing a sum of money to the agent in instalments,
ii
references to the date on which the first amount of the loan is drawn down include references to the date on which the first instalment is provided to the agent, and
iii
references to the amount of an investment drawn down at a given date include references to the value of the instalments provided to the agent at that date,
c
the capital outstanding on the loan is equal to the balance of the repayable money provided to the agent and references to any repayment of the loan include references to any repayment of the money provided to the agent,
d
references to the beneficial owner of the loan include references to the person beneficially entitled to repayment of the money provided to the agent,
e
references to the disposal of the whole or any part of the loan include references to the disposal of the right to receive repayment of the whole or any part of the money provided to the agent.
.
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 2008


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2008 and comes into force on 6th April 2008.
Variation of consumer credit regulated agreements
2
In section 82(2A) of the Consumer Credit Act 1974 (variation of agreements) after “if” insert “the earlier agreement or”.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2008


text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County Borough of Wrexham) Order 2008, comes into force on the 1 March 2008.
Interpretation
2
In this Order:
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the area designated as a permitted parking area and special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the county borough of Wrexham except —
a
the entire length of the A483, including its on and off slip roads, within the county borough;
b
the A5 from its junction with the A483 in a southerly direction as far as the county boundary with Shropshire; and
c
the A5 from its junction with the A483 in a westerly direction to its junction with the B5070.
Designation of permitted parking area and special parking area
4
The Welsh Ministers hereby designate the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
6
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
8 February 2008


text:
1
This Order may be cited as the Export Control (Democratic Republic of Congo) (Amendment) (No. 2) Order 2008 and shall come into force on 24th July 2008.
2
The Export Control (Democratic Republic of Congo) Order 2005 is amended as follows.
3
In article 1(2), in the definition of “the Regulation” after the words “26 November 2007” insert “and Council Regulation ( EC ) No 666/2008 of 15 July 2008 ”.
4
In Article 3, for the words “any person, entity or body in, or for use in, the Democratic Republic of Congo” substitute the words “any non-governmental person, entity or body operating in the territory of the Democratic Republic of Congo” where they appear in paragraph (a) and (b).
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
22nd July 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Authority Targets (Well-Being of Young Children) (Amendment) Regulations 2008 and come into force on 14th July 2008.
2
In these Regulations, “the principal Regulations ” means the Local Authority Targets (Well-Being of Young Children) Regulations 2007 .
Amendments to the Local Authority Targets (Well-Being of Young Children) Regulations 2007
3
For paragraph (2) of regulation 1 of the principal Regulations substitute the following —
2
In these Regulations “early years foundation stage assessment scales” means the assessment scales described in Appendix 1 to the “Statutory Framework for the Early Years Foundation Stage” document published by the Department for Children, Schools and Families in May 2008 .
.
4
In regulation 3, before “foundation stage assessment scales” insert “early years”.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
5th June 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment) Regulations 2008 and shall come into force on 1st December 2008.
2
In these Regulations, “the 2004 Regulations ” means the Police (Complaints and Misconduct) Regulations 2004 .
Transitional provisions
2
These Regulations apply only to allegations in respect of conduct by a person concerned which comes to the attention of either the appropriate authority or the Commission on or after the commencement of these Regulations.
Amendments to the 2004 Regulations
3
1
The 2004 Regulations shall be amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) the following definitions are inserted in the appropriate alphabetical places —
“ Conduct Regulations ” means the Police (Conduct) Regulations 2008 ;
“appeal hearing” has the same meaning as in the Conduct Regulations;
“appeal meeting” has the same meaning as in the Conduct Regulations;
“investigator” means a person appointed or designated to investigate under paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations);
“misconduct hearing” has the same meaning as in the Conduct Regulations;
“misconduct meeting” has the same meaning as in the Conduct Regulations;
“misconduct proceedings” means a misconduct meeting or misconduct hearing;
“police friend” means a person chosen by the person concerned in accordance with regulation 14B;
“police officer” means a member of a police force or special constable;
“police staff member” means an employee of a police authority who is under the direction and control of a chief officer of police;
“special case hearing” has the same meaning as in the Conduct Regulations;
“Standards of Professional Behaviour” has the same meaning as in the Conduct Regulations;
.
3
After regulation 14 (copies of complaints etc ) insert —
Written notices
14A
1
For the purposes of paragraph 19B(7) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation) the notification given by the investigator to the person concerned must be in writing and state —
a
the conduct that is the subject matter of the allegation and how that conduct is alleged to fall below the Standards of Professional Behaviour;
b
that there is to be an investigation into the matter and the identity of the investigator;
c
the investigator’s assessment of whether that conduct, if proved, would amount to misconduct or gross misconduct;
d
whether, if the matter were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or a misconduct hearing;
e
that if the likely form of any misconduct proceedings to be held changes, further notice (with reasons) will be given;
f
that he has the right to seek advice from his staff association or any other body and of the effect of regulation 14B(1);
g
the effect of regulation 14C and paragraph 19C of Schedule 3 to the 2002 Act (duty to consider submissions from person whose conduct is being investigated) and regulations 7(1) to (3) of the Conduct Regulations (legal or other representation); and
h
that whilst he does not have to say anything it may harm his case if he does not mention when interviewed or when providing any information under regulation 14C or regulation 22(2) or (3) of the Conduct Regulations (procedure on receipt of notice of referral to misconduct proceedings) something which he later relies on in any misconduct proceedings, special case hearing, an appeal meeting or appeal hearing.
2
For the purposes of paragraph 19B(10) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation), if following service of the notice under paragraph (1), the investigator revises his assessment of the conduct in accordance with paragraph 19B(9) of Schedule 3 to the 2002 Act or his determination of the likely form of any misconduct proceedings to be taken, the investigator shall as soon as practicable, give the person concerned further written notice of —
a
the assessment of whether the conduct, if proved, would amount to misconduct or gross misconduct as the case may be and the reason for that assessment;
b
whether, if the case were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or a misconduct hearing and the reason for this.
3
The notice whether given in accordance with paragraph (1) or (2) shall be —
a
given to the person concerned in person;
b
left with some person at, or sent by recorded delivery to, the person concerned’s last known address; or
c
given to him in person by his police friend where the police friend has agreed with the appropriate authority to deliver the notice.
Police friend
14B
1
Where the person concerned is a police officer he may choose —
a
a police officer;
b
a police staff member; or
c
where the officer concerned is a member of a police force, a person nominated by his staff association,
who is not otherwise involved in the matter to act as his police friend.
2
Where the person concerned is a police staff member he may choose —
a
a person employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of trade union) ;
b
an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a police staff member’s companion at disciplinary proceedings;
c
a police officer;
d
a police staff member; or
e
any other person nominated by the person concerned and approved by the chief officer of the force in which a police staff member is serving,
who is not otherwise involved in the matter to act as his police friend.
3
A police friend may —
a
provide any relevant document to the investigator in accordance with paragraph 19C(2)(b) of Schedule 3 to the 2002 Act (power to prescribe persons who may provide submissions to the investigator);
b
accompany the officer concerned to any interview conducted under regulation 14D;
c
advise the person concerned throughout proceedings under these Regulations; and
d
make representations to the Commission concerning any aspect of the proceedings under these Regulations.
4
Where a police friend is a police officer or a police staff member, the chief officer of police of the force of which the police friend is a member shall permit him to use a reasonable amount of duty time for the purposes referred to in paragraph (3).
5
The reference in paragraph (4) to the force of which the police friend is a member shall include a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving.
Representations to the investigator
14C
For the purposes of paragraph 19B(7)(c) of Schedule 3 to the 2002 Act (time limits for providing documents to the investigator), the person concerned or police friend shall have 10 working days starting with the day after which the notice is given under regulation 14A(1) (unless this period is extended by the investigator) to provide any relevant statement or relevant document as the case may be.
Interviews during investigation
14D
1
For the purposes of paragraph 19D(1) of Schedule 3 to the 2002 Act (interview of person whose conduct is being investigated), where an investigator wishes to interview the person concerned as part of his investigation, he shall, if reasonably practicable, agree a date and time for the interview with the person concerned.
2
Where no date and time is agreed under paragraph (1), the investigator shall specify a date and time for the interview.
3
Where a date and time is specified under paragraph (2) and —
a
the person concerned or his police friend will not be available at that time; and
b
the person concerned proposes an alternative time which satisfies subsection (4),
the interview shall be postponed to the time proposed by the person concerned.
4
An alternative time must —
a
be reasonable; and
b
fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator.
5
The person concerned shall be given written notice of the date, time and place of the interview.
6
The investigator shall, in advance of the interview, provide the person concerned with such information as the investigator considers appropriate in the circumstances of the case to enable the person concerned to prepare for the interview.
7
The person concerned shall attend the interview.
8
A police friend may not answer any questions asked of the person concerned during the interview.
Report of investigation
14E
1
For the purposes of paragraph 22(7) of Schedule 3 to the 2002 Act (final reports on investigations), on completion of an investigation the investigator’s report shall —
a
provide an accurate summary of the evidence;
b
attach or refer to any relevant documents; and
c
indicate the investigator’s opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.
4
In regulation 18 (appointment of persons to carry out investigations) —
a
In paragraph (1)(a) for “conduct the investigation and to manage the resources that will be required during that process” substitute “manage the investigation”;
b
For paragraph (1)(b) substitute the following sub–paragraph —
b
if he is a person whose involvement in the role could reasonably give rise to a concern as to whether he could act impartially under these Regulations;
c
For paragraph (1)(d) substitute the following sub–paragraph —
d
in a case where the officer concerned is a senior officer, if he is —
i
the chief officer of police of the police force concerned;
ii
a member of the same force as the officer concerned, or where the officer concerned is a member of the Metropolitan Police Force, serving in the same division as the officer concerned.
;
d
Omit paragraph (2);
e
In paragraph (3)(a) for “senior police officer” substitute “senior officer”;
f
In paragraph (3)(b) omit “(other than in paragraph (1)(d))” and after “special constable” insert “appointed for the area of that force and a police staff member serving in that force;”.
Vernon Coaker
Minister of State
Home Office
5th November 2008


text:
Citation and commencement
1
1
This Order may be cited as the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008.
2
This article, articles 2 and 6 and shall come into force on the day after the day on which this Order is made and all other articles shall come into force on 1st July 2008.
Interpretation
2
In this Order —
“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“the 2006 Act ” means the Northern Ireland (Miscellaneous Provisions) Act 2006 ;
“the EA Act” means the Electoral Administration Act 2006;
“ the Commission ” means the Electoral Commission established under section 1 of the 2000 Act; and
“Northern Ireland register” means the register of political parties held under section 23(2)(b) of the 2000 Act.
Extension of categories of authorised participants
3
1
Sections 71F to 71Y of the 2000 Act shall become Chapter 1 of Part 4A of the 2000 Act.
2
After section 71Y insert —
CHAPTER 2
SPECIAL PROVISION IN CONNECTION WITH NORTHERN IRELAND
Introduction
71Z
1
The following provisions have effect for the interpretation of this Chapter.
2
“Northern Ireland participant” means —
a
a party registered in the Northern Ireland register, or
b
a regulated participant who is —
i
an individual ordinarily resident in Northern Ireland, or
ii
a members association wholly or mainly consisting of members of a Northern Ireland party.
3
“Regulated participant” and “members association” have the same meaning as in Schedule 7A.
4
“Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.
Extension of categories of authorised participants in relation to Northern Ireland participants
71Z1
1
In relation to a regulated transaction or controlled transaction involving a Northern Ireland participant, section 71H(3) and paragraph 4(3) of Schedule 7A have effect as if the following were also authorised participants —
a
an Irish citizen in relation to whom any prescribed conditions are met;
b
a body which is of a prescribed description or category and in relation to which any prescribed conditions are met.
2
A description or category of body must not be prescribed for the purposes of subsection (1)(b) unless the Secretary of State is satisfied that a body of that description or category would be entitled under Irish law to enter into a transaction which corresponds to a regulated or controlled transaction in relation to an Irish political party.
Northern Ireland participants are not authorised participants in relation to Great Britain
71Z2
1
In relation to a regulated transaction or controlled transaction to which —
a
a registered party which is registered in the Great Britain register, or
b
a regulated participant resident or carrying on activities in Great Britain,
is a party, section 71H(3) and paragraph 4(3) of Schedule 7A, have effect as if a party registered in the Northern Ireland register is not an authorised participant.
2
The reference in subsection (1)(b) to Great Britain includes the combined region.
Article 3: supplementary
4
1
In section 156(4) of the 2000 Act (orders and regulations- powers subject to affirmative procedure), after paragraph (dc) insert —
dd
any provision of Chapter 2 of Part 4A,
.
2
In section 159A(a) of the 2000 Act (functions which are not exercisable by the Lord Chancellor as well as by the Secretary of State), for “,18(2) and (4) and Chapter 6 of Part 4” substitute “,18(2) and (4), Chapter 6 of Part 4 and Chapter 2 of Part 4A”.
3
Section 13(2) of the 2006 Act is repealed.
Modifications during the prescribed period
5
1
During the prescribed period, the 2000 Act applies in relation to Northern Ireland subject to the modifications set out in Schedule 1 to this Order.
2
“The prescribed period” means the period —
a
starting with 1st July 2008, and
b
ending with 31st October 2010.
3
At the same time as the Secretary of State makes an order under section 14(3) of the 2006 Act he may, after consulting the Commission, by order amend sub-paragraph (2)(b) so as to extend the prescribed period.
4
The power to make an order under paragraph (3) may be exercised on more than one occasion, but the prescribed period must not be extended for more than two years at a time.
5
The power to make an order under paragraph (3) is exercisable by statutory instrument.
6
No order is to be made under paragraph (3) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
7
When an order is made under paragraph (3) amending sub-paragraph (2)(b) so as to extend the prescribed period, the date which is inserted in sub-paragraph (2)(b) must be the same as that inserted in section 14(2)(b) of the 2006 Act by an order made under section 14(3) of that Act.
Power to make provision in connection with authorised participants
6
1
The Secretary of State may, after consulting the Commission, by order make provision, in relation to any time occurring on or after 1st July 2008, in connection with any provision made by —
a
articles 3 and 4, or
b
article 5 of, and Schedule 1 to, this Order.
2
The provision which may be made under paragraph (1) includes provision amending or modifying —
a
any provision of the 2000 Act;
b
any other enactment connected with authorised participants, regulated transactions or controlled transactions.
3
The provision that may be made under paragraph (1) also includes provision amending section 71Z2 of the 2000 Act (as inserted by article 3) so that it refers to a Northern Ireland participant instead of referring to a party registered in the Northern Ireland register.
4
The power to make an order under paragraph (1) is exercisable by statutory instrument.
5
No order is to be made under paragraph (1) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
Minor and consequential amendments
7
Schedule 2 (minor and consequential amendments) has effect.
Paul Goggins
Minister of State
Northern Ireland Office
14th May 2008


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) (Amendment) Regulations 2008 and shall come into force on 8th September 2008.
Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
2
1
The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 are amended as follows.
2
For regulation 6(1), substitute —
6
1
The employer shall ensure that the work equipment made available to workers on the ship may be used by workers without impairment to their health or safety, and is —
a
suitable for the work to be carried out, or
b
properly adapted for that purpose.
3
In the Schedule, omit the entries relating to‑
a
the Simple Pressure Vessels (Safety) Regulations 1991 ,
b
the Supply of Machinery (Safety) Regulations 1992 ,
c
the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 , and
d
the Pressure Equipment Regulations 1999 .
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
11th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 and shall come into force for the purposes of regulations 7(a) and (b) and 12 on 29 th September 2008 and for all other purposes on 1 st April 2008.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulations 3 to 12.
3
In regulation 23 (persons by whom theory tests may be conducted) —
a
in paragraph (1) omit sub-paragraph (d);
b
in paragraphs (3) and (8) for “sub-paragraphs (b), (c), (d) or (e) of paragraph (1)” substitute “sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)”; and
c
in paragraph (5) for “paragraph (b), (c), (d) or (e) of paragraph (1)” substitute “sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)”.
4
In regulation 24 (persons by whom practical and unitary tests may be conducted) —
a
in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of paragraph (1)” substitute “sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)”; and
b
in paragraph (5) for “sub-paragraph (b), (c), (d) or (f) of paragraph (1)” substitute “sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)”.
5
In regulation 30 (fees for theory tests) —
a
for paragraph (1) substitute —
1
The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of C or D is £32.00.
; and
b
for paragraph (2) substitute —
2
The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of A, B or P is £30.00.
.
6
In regulation 35 (fees in respect of practical or unitary tests) —
a
in paragraph (1) for “regulation 24(1)(b), (c), (d), or (f)” substitute “regulation 24(1)(b), (ca), (cb), (d), (f) or (g)”;
b
in paragraph (2) for “paragraphs (4) and (5)” substitute “paragraphs (3ZA), (4) and (5)”;
c
in paragraph (3) for “paragraph (4)” substitute “paragraphs (3ZA) and (4)”; and
d
after paragraph (3), insert —
3ZA
In paragraphs (2) and (3), where a reference is made to the Table in Schedule 5, that reference shall be —
a
in the case of a test where the application is made on or after 1st April 2008 (and which, in the case of a test for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P only, is to be conducted on or before 28th September 2008), to the Table in Part 1 of Schedule 5; and;
b
in the case of a test which is for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P and which is to be conducted on or after 29 th September 2008, to the Table in Part 2 of Schedule 5.
.
7
In regulation 40 (nature of tests other than extended tests) —
a
in sub-paragraph (7)(a) before “the person” insert “subject to sub-paragraph (aa)” and omit “and” in the second place where it occurs;
b
after sub-paragraph (7)(a) insert —
aa
in the case of a test for a licence authorising the driving of a class of vehicle included in category A or P, the person taking the test undertakes the activities and manoeuvres specified in paragraphs 7 to 15 of section D of Part I of Schedule 8 on a special testing ground, and
; and
c
in paragraph (8A) —
i
for sub-paragraph (a) substitute —
a
in the case of a test for a licence authorising the driving of a class of vehicle included in a category of C or D —
i
be conducted as an approved form of examination consisting of 60 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
ii
have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;
; and
ii
for paragraph (b) substitute —
b
in the case of a test for a licence authorising the driving of a class of vehicle included in a category of A, B or P —
i
be conducted as an approved form of examination consisting of 50 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
ii
have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.
.
8
In regulation 47 (evidence of result of theory test) for paragraph (8) substitute —
8
A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue theory test pass certificates using forms supplied by the Secretary of State who may make a charge —
a
in respect of a motor vehicle in a category of C or D, of £21.00 per form; and
b
in respect of a motor vehicle in a category of A, B or P, of £18.50 per form.
.
9
In regulation 48 (evidence of the result of practical or unitary test) in paragraph (3) for “sub-paragraphs (b), (c), (d) or (f) of regulation 24(1)” substitute “sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of regulation 24(1)”.
10
For Part 1 of Schedule 3 (licence fees) substitute the Part 1 set out in Schedule 1 to these Regulations.
11
For Schedule 5 substitute the schedule set out in Schedule 2 to these Regulations.
12
In Schedule 8 (specified requirements for practical or unitary test) in section D of Part I —
a
omit paragraph 6; and
b
after paragraph 9 insert —
10
Execute a slalom manoeuvre at slow speed.
11
Execute a figure of eight manoeuvre at slow speed.
12
Drive the vehicle at a steady walking pace, as if in slow moving traffic, making correct use of the vehicle to maintain a good level of balance.
13
Execute a manoeuvre avoiding an obstacle whilst driving the vehicle at a speed of no less than -
a
31.25 miles per hour, in the case of a vehicle in category A; or
b
18.75 miles per hour, in the case of a vehicle in category P.
14
Execute a further manoeuvre whilst driving the vehicle in second or third gear and at a speed of no less than 18.75 miles per hour.
15
Execute two braking exercises, one of which must be an emergency stop, whilst driving the vehicle at a speed of no less than -
a
31.25 miles per hour, in the case of a vehicle in category A; or
b
18.75 miles per hour, in the case of a vehicle in category P.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
19th February 2008
We approve the making of these Regulations
Alan Campbell
Dave Watts
Two of the Commissioners of Her Majesty’s Treasury
25th February 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 and shall come into force on 1st April 2009.
2
This Order is made for the purposes of section 21A of the Local Government Act 2000 and applies in England only.
3
In this Order —
“ the Act ” means the Local Government Act 2000;
“enactment” includes subordinate legislation;
“licensing decision” means —
any decision in relation to —
an application for any authorisation within the meaning of section 2 of the Licensing Act 2003 , or
a request for a review of any such decision, or
any enforcement decision made under that Act or subordinate legislation made under that Act;
“the Planning Acts ” means the Town and Country Planning Act 1990 , the Planning (Listed Building and Conservation Areas) Act 1990 ,the Planning (Hazardous Substances) Act 1990 and the Planning Act 2008 ;
“planning decision” means —
any decision on an application under the Planning Acts or subordinate legislation made under those Acts for any agreement, approval, consent or permission, or
any enforcement decision relating to any development within the meaning of those Acts ; and
“right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to the Local Government Act 1974 .
Excluded matters
2
Subject to article 3, the descriptions of matter specified for the purposes of the definition of “local government matter” within the meaning of section 21A of the Act are —
a
any matter relating to a planning decision;
b
any matter relating to a licensing decision;
c
any matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to a review or right of appeal conferred by or under any enactment;
d
any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that committee.
Systematic failure in discharge of functions not an excluded matter
3
A matter does not fall within a description in article 2(a) to (c) if it consists of an allegation that a function for which the authority is responsible has not been discharged at all or that its discharge has failed or is failing on a systematic basis, notwithstanding the fact that the allegation specifies or refers to a planning decision, a licensing decision or a matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to review or right of appeal conferred by or under any enactment.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th December 2008


text:
Citation and commencement
1
1
This Order may be cited as the Education (Recognised Bodies) (England) (Amendment) Order 2008 and comes into force on 21 November 2008.
Amendment of the Education (Recognised Bodies) (England) Order 2007
2
The Education (Recognised Bodies) (England) Order 2007 is amended as follows —
3
In the Schedule–
a
omit–
i
“Henley Management College”; and
ii
“University of Paisley”.
b
for “Buckinghamshire Chilterns University College”, substitute “Buckinghamshire New University”;
c
for “University of Central England in Birmingham”, substitute in the appropriate place, “Birmingham City University”;
d
for “College of St Mark & St John, Plymouth, The”, substitute in the appropriate place, “University College Plymouth, St Mark & St John”;
e
for “University College for the Creative Arts at Canterbury, Epsom, Farnham, Maidstone and Rochester substitute “University for the Creative Arts”;
f
for “Newman College of Higher Education, Birmingham”, substitute “Newman University College”;
4
In the Schedule, insert in the appropriate place–
a
“Arts Institute at Bournemouth, The”;
b
“Ashridge (Bonar Law Memorial) Trust (also known as “Ashridge”)”;
c
“University College Birmingham”;
d
“Glyndŵr University (Prifysgol Glyndŵr)”;
e
“Norwich University College of the Arts”;
f
“Swansea Metropolitan University (Prifysgol Fetropolitan Abertawe)”;
g
“ UHI Millennium Institute”; and
h
“University of the West of Scotland”.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
6th November 2008


text:
Citation
1
This Order may be cited as the Bellefield Primary and Nursery School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Bellefield Primary and Nursery School, Windermere Road, Trowbridge, Wiltshire, BA14 8TE, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
This Order may be cited as the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008 and shall come into force on 5th January 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be amended as follows.
Amendment to regulation 3 (interpretation)
3
In regulation 3, in the definition of “Goods Vehicle Centre” for “Welcombe House, 91-92 The Strand, Swansea, SA1 2DH” substitute “such office of the Vehicle and Operator Services Agency as the Secretary of State may direct”.
Amendments to regulation 12 (manner of making application for first examinations or periodic tests, and fees)
4
In regulation 12(3), for the Table substitute —
Table
Description of vehicle Fee (£)
Motor vehicle with 2 axles 51.00 Motor vehicle with 3 axles 73.00 Motor vehicle with 4 or more axles 96.00 Trailer with 1 axle 25.00 Trailer with 2 axles 38.00 Trailer with 3 or more axles 48.00
Amendments to regulation 16 (fees for re-tests)
5
In regulation 16(1), for the Table substitute —
Table
Description of vehicle Fee (£)
Motor vehicle with 2 axles 34.00 Motor vehicle with 3 axles 48.00 Motor vehicle with 4 or more axles 63.00 Trailer with 1 axle 17.00 Trailer with 2 axles 24.00 Trailer with 3 or more axles 32.00
Further amendments relating to fees
6
In the regulations specified in column (1) of the following Table, for each amount specified in column 2 substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
12(4) 34.00 35.00 21.00 22.00 12(4A) 12.00 13.00 6.00 7.00 16(4) 17.00 18.00 16(4A) 7.00 8.00 3.00 4.00 16(5) 34.00 35.00 21.00 22.00 16(5A) 12.00 13.00 6.00 7.00 16(6) 11.00 12.00 5.00 6.00 25(4) 26.00 27.00 34(1) 23.00 24.00 34(2A) 7.00 8.00 3.00 4.00 37B(2) 23.00 24.00
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 26 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 26 of the Finance Act 2008 (rates of R&D relief and vaccine research relief) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
1
This Order may be cited as the Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2008 and shall come into force on 30 th March 2008.
2
The Discharge of Fines by Unpaid Work (Pilot Schemes) Order 2004 is amended as follows —
a
in article 2 for the words “31 st March 2008”, substitute “31 st March 2009”; and
b
in the Schedule, after the entries relating to the local justice areas in Cheshire: Halton, Warrington insert —
Local Justice Areas in Cleveland:
Hartlepool
Langbaurgh East
Teesside
.
Signed by authority of the Lord Chancellor
David Hanson
Minister of State
Ministry of Justice
6th March 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Adoption Act 2006 (Commencement No. 3) Order 2008.
2
In this Order, “ the Act ” means the Children and Adoption Act 2006.
Appointed days
2
1
7th November 2008 is the appointed day for the coming in force of section 1 of the Act in so far as it inserts section 11F into the Children Act 1989.
2
8th December 2008 is the appointed day for the coming into force of the following provisions of the Act —
a
in so far as it is not brought into force by paragraph (1), section 1,
b
sections 2 and 3,
c
section 4 and Schedule 1,
d
sections 5 and 8,
e
section 15(1) and Schedule 2, and
f
in so far as they are not already in force, section 15(2) and Schedule 3.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
5th November 2008


text:
1
This Instrument may be cited as “The Kent County Council (Milton Creek Bridge) (No.2) Scheme 2007 Confirmation Instrument 2008” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Kent County Council (Milton Creek Bridge) (No.2) Scheme 2007 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of Kent County Council at Sessions House, County Hall, Maidstone, Kent ME14 1XQ.
Signed by authority of the Secretary of State for Transport,
J Blackie
Regional Director Government Office for the North East
23rd December 2008


text:
Citation and commencement
1
This Order may be cited as the Crossrail (Nomination) Order 2008, and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order-
“ the Act ” means the Crossrail Act 2008;
“ CLRL ” means Cross London Rail Links Limited
“CLRL works” means the following works as set out in Schedule 1 to the Act:
such part of the works comprised within Works Nos 1/3A, 1/3B, 1/14A, 1/14B, 1/14C, 1/14D, 1/14E as are indicated in blue on the drawings marked:
The Crossrail (Nomination) Order 2008 LUL works drawing no 1;
The Crossrail (Nomination) Order 2008 LUL works drawing no 2;
The Crossrail (Nomination) Order 2008 LUL works drawing no 3;
The Crossrail (Nomination) Order 2008 LUL works drawing no 4;
The Crossrail (Nomination) Order 2008 LUL works drawing no 5; and
The Crossrail (Nomination) Order 2008 LUL works drawing no 6
signed by authority of the Secretary of State for Transport dated 23 rd July 2008 and deposited at the Department for Transport, Records Policy and Review Unit, F13, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA and
all other works not included in the LUL works and authorised to be constructed by section 1 of Act;
“LUL” means London Underground Limited;
“LUL works” means the following works as set out in Schedule 1 to the Act:
such part of the works comprised within Works Nos 1/3A, 1/3B, 1/14A, 1/14B, 1/14C, 1/14D, 1/14E as are indicated in yellow on the drawings marked:
The Crossrail (Nomination) Order 2008 LUL works drawing no 1;
The Crossrail (Nomination) Order 2008 LUL works drawing no 2;
The Crossrail (Nomination) Order 2008 LUL works drawing no 3;
The Crossrail (Nomination) Order 2008 LUL works drawing no 4;
The Crossrail (Nomination) Order 2008 LUL works drawing no 5; and
The Crossrail (Nomination) Order 2008 LUL works drawing no 6
signed by authority of the Secretary of State for Transport dated 23 rd July 2008 and deposited at the Department for Transport, Records Policy and Review Unit, F13, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA; and
b
Works Nos. 1/16, 1/17, 1/18A and 1/18B.
Appointment of nominated undertakers
3
CLRL shall be the nominated undertaker for:
a
all purposes of section 1 of the Act in relation to the CLRL works; and
b
the purposes of any other provision of the Act so far as connected with or in any way related to those works.
4
LUL shall be the nominated undertaker for:
a
all purposes of section 1 of the Act in relation to the LUL works; and
b
the purposes of any other provision of the Act so far as connected with or in any way related to those works.
Signed by the authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
23rd July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Discretionary Financial Assistance (Amendment) Regulations 2008 and shall come into force on 7th April 2008.
2
In these Regulations, “ the Regulations ” means the Discretionary Financial Assistance Regulations 2001 .
Amendment of regulation 3
2
Regulation 3 of the Regulations (circumstances in which discretionary housing payments may be made) shall be amended as follows —
a
in paragraph (d) for “regulation 10 of the Housing Benefit Regulations” substitute “regulation 12 of the Housing Benefit Regulations or regulation 12 of the Housing Benefit (State Pension Credit) Regulations”;
b
in paragraph (f) for “regulation 8(2A) of the Housing Benefit Regulations” substitute “regulation 11(3) of the Housing Benefit Regulations or regulation 11(2) of the Housing Benefit (State Pension Credit) Regulations”;
c
in paragraph (g) for “section 46(11) substitute “section 46(5)”;
d
after paragraph (m) add —
n
a reduction in the amount of benefit due to recovery of an overpayment under Part 13 of the Housing Benefit Regulations or Part 12 of the Housing Benefit (State Pension Credit) Regulations, or recovery of excess benefit under Part 11 of the Council Tax Benefit Regulations 2006 or Part 10 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.
.
Substitution of regulation 5
3
For regulation 5 of the Regulations (period for, or in respect of which, discretionary housing payments may be made) substitute —
Period for, or in respect of which, discretionary housing payments may be made
5
1
Subject to paragraph (2), a relevant authority may restrict the period for or in respect of which discretionary housing payments may be made to such period as it considers appropriate in the particular circumstances of a case.
2
A relevant authority may make discretionary housing payments to a person only in respect of a period during which that person is or was entitled to housing benefit or council tax benefit or to both.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th March 2008


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 30 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 30 of the Finance Act 2008 (vaccine research relief: declaration about effect of relief) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement) Order 2008.
2
In this Order —
“the 1991 Act ” means the Child Support Act 1991 ;
“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000 ;
3
In this Order, unless the context requires otherwise, any reference to a numbered section, Part or Schedule is a reference to a section, Part or Schedule of the Child Maintenance and Other Payments Act 2008.
Appointed days for provisions in Parts 1, 3 and 5
2
1
10th June 2008 is the day appointed for the coming into force of section 1 (the Child Maintenance and Enforcement Commission), except in relation to paragraph 1(c) of Schedule 1, for the purpose only of conferring power to appoint the members of the Commission.
2
14th July 2008 is the day appointed for the coming into force of —
a
section 15(b) (repeal of section 46 of the 1991 Act),
b
section 45 (liable relative provision: exclusion of parental duty to maintain),
c
Schedule 8 (repeals) so far as it relates to repeals in —
i
sections 16, 17, 20, 28ZA, 28ZC and 46 of the 1991 Act,
ii
section 106(7) of the Social Security Administration Act 1992 ,
iii
section 19 of and sub-paragraphs (11)(a) and (13)(d) of paragraph 11 of Schedule 3 to the 2000 Act.
3
Subject to paragraph (4), 14th July 2008 is the day appointed for the coming into force of —
a
Section 15(a) (repeal of section 6 of the 1991 Act),
b
paragraph 1(34) of Schedule 7,
c
Schedule 8 so far as it relates to the repeals in section 4(10), section 6 and section 7(1) of the 1991 Act.
4
Paragraph (3) does not apply in relation to existing cases as defined in paragraph (5) and, insofar as section 6 of the 1991 Act remains in force for such cases, it shall have effect as if the reference to section 46 in subsection (4) were omitted.
5
In paragraph (4) an existing case is one in which, immediately before 14th July 2008, section 6 of the 1991 Act applies in relation to a parent with care and —
a
a maintenance calculation or maintenance assessment is in force as a result of the Secretary of State acting under that section, or
b
no maintenance calculation or maintenance assessment has been made but the Secretary of State has given notice in accordance with regulation 5 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 or regulation 5 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
6
10th June 2008 is the day appointed for the coming into force of section 56 (general interpretation), section 57(2) (power to make consequential amendments), section 59 (transition) and section 60(1) (financial provisions).
Appointed days for provisions in Part 4
3
1
10th June 2008 is the day appointed for the coming into force of —
a
the provisions specified in the Schedule, for the purpose only of conferring power to make regulations,
b
section 54 (amendment of Social Security (Recovery of Benefits) Act 1997 ) for the purpose only of conferring power to make regulations under section 1A of the Social Security (Recovery of Benefits) Act 1997 (Lump sum payments: regulation-making power).
2
1st October 2008 is the day appointed for the coming into force of —
a
sections 46 to 50, 53 and 54 insofar as they are not already in force,
b
sections 51 and 52.
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
9th June 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Skills and Employment Board (Specified Functions) Order 2008 and shall come into force on 25th February 2008.
2
In this Order —
“ the Act ” means the Learning and Skills Act 2000;
“the London Skills and Employment Board” means the body established by the London Skills and Employment Board (Establishment) Regulations 2008 .
Specified functions of the Learning and Skills Council for England
2
For the purposes of section 24B(3) of the Act the specified functions of the Council are:
1
The duty of the Council in section 3(1)(a) of the Act to secure the provision of reasonable facilities for education (other than higher education) suitable to the requirements of persons who have attained the age of 19;
2
The duty of the Council in section 3(1)(b) of the Act to secure the provision of reasonable facilities for training suitable to the requirements of such persons.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
21st January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008 and shall come into force on 1 st October 2008.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act; and
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Dudley and Walsall Mental Health Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 25(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 st October 2008.
2
The accounting date of the trust shall be 31 st March.
Transfer of staff to the trust
6
The Walsall Teaching Primary Care Trust and the Dudley Primary Care Trust have each made a scheme for the purposes of paragraph 8(1)(b) of Schedule 4 to the Act for the transfer of staff to the trust.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
11th September 2008


text:
Citation, commencement, extent and application
1
These Regulations —
a
may be cited as the Environmental Noise (England) (Amendment) Regulations 2008;
b
come into force on 6th April 2008; and
c
apply in England.
Amendment of the Environmental Noise (England) Regulations 2006
2
The Environmental Noise (England) Regulations 2006 are amended as follows.
3
In regulation 19 (duty to draw up, review and revise action plans), for “April”, in each place, substitute “June”.
a
In Schedule 2 (assessment methods for the noise indicators) —
b
in paragraph 2, for “LA 10,18h
” substitute “L A10,18h ”;
c
in paragraph 3(a), for “Calculation of railway noise”, substitute “Calculation of Railway Noise 1995”;
d
in paragraph 3(b), for “railway noise”, substitute “Railway Noise”.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health in Pregnancy Grant (Administration) Regulations 2008 and shall come into force on 1st January 2009.
2
In these Regulations —
“appropriate office” means Comben House, Farriers Way, Netherton, Merseyside or any other office specified by the Commissioners ;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“couple” means —
a man and woman who are married to each other;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
“partner” means one of a couple;
“health professional” has the meaning in the Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 ;
“ SSAA ” means the Social Security Administration Act 1992.
Claims in writing
2
1
A claim for health in pregnancy grant must be —
a
in writing;
b
made to the Commissioners;
c
on a form prescribed by the Commissioners;
d
completed in accordance with the instructions on the form; and
e
delivered or sent to an appropriate office.
2
The claim must include a certificate signed by a health professional in relation to the claimant’s pregnancy.
3
The certificate must include —
a
the name and date of birth of the claimant;
b
confirmation that advice has been given to the claimant on matters relating to her maternal health;
c
the date on which the certificate is signed; and
d
the name and personal identity number of the Nursing and Midwifery Council, or the General Medical Council reference number, of the health professional.
Time within which claims must be made
3
A claim for health in pregnancy grant must be made within 31 days of the date of the certificate signed by the health professional.
Evidence and information
4
1
A person making a claim for health in pregnancy grant must furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the Commissioners.
2
A person required under paragraph (1) to furnish certificates, documents, information and evidence must do so —
a
within one month of being required by the Commissioners to do so; or
b
within such longer period as the Commissioners may consider reasonable.
Cases where no national insurance number is required
5
Section 12A (2) of SSAA (requirement to provide national insurance number) shall not apply to women who are under the age of 16 at the time they make a claim.
Withdrawing claims
6
1
A person who has made a claim may withdraw it by giving notice in writing to the Commissioners.
2
A notice of withdrawal given in accordance with paragraph (1) has effect when it is received by an appropriate office.
Defective claims
7
1
If an appropriate office receives a defective claim, the Commissioners may refer it back to the person who made it.
2
“Defective claim” means an intended claim which —
a
is made on an approved form which has not been completed in accordance with the instructions on it;
b
is in writing but is not made on the approved form;
c
is illegible; or
d
is incomprehensible.
Persons to whom grant is to be paid
8
Health in pregnancy grant shall be paid to the person entitled to the grant.
Manner of payment
9
1
Subject to paragraph (2), health in pregnancy grant shall be paid by way of a credit to a bank account or other account —
a
in the name of the person to whom payment is to be made; or
b
in the joint names of the person to whom payment is to be made and that person’s partner; or
c
in the name of a person or body acting on behalf of the claimant under regulation 12 or 13;
such account to be notified to the Commissioners by the person to whom payment is made.
2
Where the person to whom payment is to be made does not have a bank account or other account, payment shall be made by an instrument of payment.
3
Instruments of payment which have been issued by the Commissioners remain their property.
Time of payment
10
Health in pregnancy grant shall be paid in one payment, as soon as reasonably practicable after the award has been made.
Extinguishment of right to payment from an instrument of payment
11
The right to health in pregnancy grant shall be extinguished if an instrument of payment has not been presented for payment within 12 months of the date on which it was issued by the Commissioners.
Persons or bodies who may act on behalf of claimants unable to act
12
1
A person or body may act on behalf of a claimant for health in pregnancy grant if the claimant, (“C”), is for the time being unable to act.
2
Anything required by these regulations to be done by or to C may be done by or to —
a
in England and Wales, a receiver appointed by the Court of Protection with power to claim, or, as the case may be, receive, the grant on behalf of C;
b
in Scotland, a guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who is administering the estate of C;
c
in Northern Ireland, a controller appointed by the High Court, with power to claim, or, as the case may be, receive, the grant on behalf of C;
d
(where no person has been appointed as mentioned in subparagraphs (a) to (c)) a person or body acting on behalf of C where that person or body —
i
is, if a natural person, over the age of 18 years
ii
has applied to the Commissioners in writing to act on behalf of C.
3
A person or body under (d) —
i
will be permitted to act subject to the discretion of the Commissioners;
ii
must give one month’s notice in writing to the Commissioners prior to ceasing to act on behalf of C.
4
Where health in pregnancy grant is paid to a person or body mentioned in paragraph (2), either of the following is a sufficient discharge to the Commissioners for the sum paid —
a
a credit to a bank or other account in the name of the person or body; or
b
the receipt by the person or body of an instrument of payment.
Persons who may receive payment which a person who has died had not obtained
13
1
This regulation applies where a person who has died had not obtained at the date of her death health in pregnancy grant to which she was entitled.
2
The Commissioners may, unless the right to payment had already been extinguished at the date of death, pay the grant to persons over the age of 16 years who are the personal representatives of the person who has died, provided written application for payment of the grant is made to the Commissioners within 12 months from the date of death.
3
The Commissioners may dispense with strict proof of the title of a person claiming as a personal representative.
Bernadette Kenny
Dave Hartnett
Two of the Commissioners of Her Majesty’s Revenue and Customs
9th December 2008


text:
Citation and commencement
1
This Order may be cited as the Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 2008 and comes into force on 2nd July 2008.
Broadcasting of programmes in Gaelic
2
For article 2 of the Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 1996 substitute —
2
1
OFCOM shall secure that there continues to be included in the Multiplex A licence a condition requiring the holder of the licence, when broadcasting programmes for reception wholly or mainly in Scotland, to broadcast programmes in Gaelic for at least 30 minutes per day between 1800 hours and 2230 hours.
2
In this Article, “the Multiplex A licence” means the licence granted under Part 1 of the Act by the Independent Television Commission on 26 th May 1998 authorising the provision of the television multiplex service known as “Multiplex A”, which on 9th June 2008 was held by SDN Limited (and which is a multiplex licence in respect of which the Secretary of State has made an order under section 243(3) of the Communications Act 2003 ).
.
Andy Burnham
Secretary of State for Culture, Media and Sport
9th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 2006 (Commencement No.5) Order 2008.
2
In this Order references to sections and Schedules are references to sections of and Schedules to the Health Act 2006.
Appointed day for provisions in respect of ophthalmic services
2
1st August 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
sections 37 to 42;
b
in Schedule 8, paragraphs 6 to 23, 24 (in so far as not already in force), 25, 29, 32 to 34, 45 (in so far as not already in force), 46 and 50 and section 80(1) in so far as it relates to those paragraphs;
c
in Schedule 9 the repeals of the National Health Service Act 1977 and section 80(2) in so far as it relates to those repeals.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department for Health
22nd July 2008


text:
Citation and commencement
1
This Order may be cited as the Port of Weston Harbour Revision Order 2008 and shall come into force on 27th February 2008.
Interpretation
2
1
In this Order —
“ BW ” means the British Waterways Board;
“the Company” means Westlink Holdings Limited;
“the deposited map” means the plan prepared in triplicate, signed by the Head of the Ports Division in the Department for Transport and marked “Plan referred to in the Port of Weston Harbour Revision Order 2008”, of which copies have been deposited at the offices of that Department, the registered office of the Company and the principal office of BW;
“the navigation” means the Weaver navigation;
“the operative date” means the first day after the end of a period of four weeks beginning with the day on which this Order comes into force;
“the Port” means Weston Point Docks (commonly known as the Port of Weston) as defined in article 3 of this Order;
“the port estate” means the piers, jetties, breakwaters, wharves, quays, berths, slipways, roads, bridges, sheds and other conveniences, and the lands, buildings and property of every description and of whatever nature which, immediately before the operative date, are vested in, or occupied or administered by, BW for the purposes of or in connection with the Weston Point Docks undertaking of BW and which are transferred by agreement (whether made before or after the coming into force of this Order) from BW to the Company.
2
In this Order any reference to the undertaking of BW at the Port is a reference to the powers, duties, rights and liabilities of BW, as harbour authority in respect of that undertaking, as they exist immediately before the operative date.
Area of Port
3
1
The area within which the Company shall exercise jurisdiction as harbour authority, within the meaning of section 57 of the Harbours Act 1964, for the Port shall be the area described in paragraph (3), and shown edged in red on the deposited map, together with so much of the port estate as is not situated within that area.
2
In the event of any discrepancy between the description of the area of the Port referred to in paragraph (1), and set out in paragraph (3), and the boundaries shown on the deposited map, the deposited map shall prevail over the said description.
3
The area referred to in paragraph (1) is the existing Port of Weston in the Borough of Halton situated where the Manchester Ship Canal meets the navigation.
Establishment of Company as harbour authority for the Port, etc.
4
On the operative date the Company shall become the harbour authority for the Port and BW shall cease to be the harbour authority for the Port.
Duties and powers of Company in respect of the Port
5
1
On and from the operative date the Company shall have in respect of the Port all the duties and powers imposed or conferred on BW in respect of the Port by any provision of the River Weaver Navigation Acts 1721 to 1945 relating to the Port and in force immediately before that date, and on that date BW shall cease to have any such duties or powers in respect of the Port.
2
In consequence of paragraph (1), on and from the operative date any statutory provision of local application or document whatsoever (other than a document referred to in article 7(1)) shall, so far as it relates to the Port, have effect (except where the context otherwise requires and subject to any necessary modifications) as if, for any reference however worded and whether express or implied —
a
to BW, there were substituted a reference to the Company; and
b
to any officer or servant of BW, there were substituted a reference to the officer or servant of the Company who corresponds as nearly as may be to the first-mentioned officer or servant.
3
Paragraph (2) does not apply to any provision of the British Waterways Acts 1963 to 1995.
4
Without prejudice to the generality of paragraph (2), on and from the operative date any provision in the Manchester Ship Canal Acts and Orders 1885 to 1992 for the protection or benefit of BW or any predecessor of BW shall, so far as it relates to the Port, have effect as if, for any reference to BW or any predecessor of BW, there were substituted a reference to the Company.
5
Paragraphs (2) and (4) do not apply to paragraphs (10) and (22) of section 71 (for the protection of the Trustees of the River Weaver Navigation) of the Manchester Ship Canal Act 1885 which on the operative date shall cease to apply to the Port; but nothing in this Order shall affect the application of the said paragraphs (10) and (22) in relation to the navigation or any part of the undertaking of BW which is not transferred by this Order to the Company.
6
On and from the operative date section 50 of, and Schedule 9 to, the Transport Act 1962 shall cease to apply to the Port.
Byelaws, etc.
6
1
The Company may make byelaws for the Port for the purposes mentioned in section 83 of the Harbours, Docks and Clauses Act 1847 , and that section is hereby incorporated in this order.
2
On and from the operative date any byelaw, regulation, licence or consent made, issued or granted by BW in relation to the Port and in force immediately before that date shall, notwithstanding the making of this Order, continue in force and be deemed to have been made, issued or granted by the Company.
3
Subsections (3), (4), (5) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972(a) (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Company by virtue of this article as if the Company were a local authority and the secretary of the Company were a proper officer of a local authority; but, subject to paragraph (4), the Secretary of State may confirm the byelaws with such modifications as she thinks fit.
4
Where the Secretary of State proposes to make a modification which appears to her to be substantial, she shall inform the Company and require it to take any steps she considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as she thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
Saving of agreements, etc
7
1
In this article “document” means any sale, conveyance, lease, grant, assurance, deed, contract, bond, agreement, notices or demand.
2
Subject to paragraphs (3) and (4), any document affecting the undertaking of BW at the Port and in force immediately before the operative date shall (in so far as it relates to that undertaking) on and from that date be as binding and of as full force and effect as respects anything occurring or falling to be done on or after the operative date, and may be enforced as fully and effectively against or in favour of the Company, as if the Company instead of BW had been a party thereto or bound thereby or entitled to the benefit thereof.
3
Paragraph (2) does not apply to any document the parties to which include both BW and the Company.
4
Nothing in paragraph (2) —
a
shall transfer from BW to the Company any liability of BW (including any liability in damages) incurred or arising prior to the operative date or relating to events, acts or omissions which took place prior to the operative date; or
b
shall have the effect of transferring from BW to the Company any interest in any land.
Continuance of proceedings
8
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the operative date —
a
by, in favour of, or against BW; or
b
by, in favour of, or against the Company as agent for BW,
in relation to the undertaking of BW at the Port, and any such action, arbitration or other proceeding or cause of action, arbitration or other proceeding may be maintained, prosecuted or continued by or in favour of or against BW or, in the case of paragraph (b), the Company.
Restriction on levying certain dues
9
1
Notwithstanding anything in any enactment, but subject to paragraph (3), the Company shall not impose any due or charge in respect of any vessel to which this article applies, or any passengers or goods on board any such vessel.
2
This article applies to any vessel exercising the rights of access referred to in section 27 of the British Waterways Act 1995 , and article 10 of this Order, or otherwise in transit on the navigation.
3
This article shall not preclude the Company from imposing dues or charges in respect of vessels which moor or remain within the Port, or in respect of goods or passengers on, or services or facilities provided by the Company in relation to, any such vessel.
Access for vessels through Port
10
1
The Company shall ensure that vessels may at all times use the Port as a means of access between any two or more areas of water adjoining or in the vicinity of the Port.
Protection of Weaver navigation
11
Schedule 1 to this Order shall have effect.
Mutual protection of Company and Manchester Ship Canal Company
12
Schedule 2 to this Order shall have effect.
Signed by authority of the Secretary of State for Transport
R C Bennett
Heads of Ports Division
Department for Transport
6th February 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Pontypridd and Rhondda National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order, unless the context otherwise requires;
“the old trust” (“ yr hen ymddiriedolaeth ”) means Pontypridd and Rhondda National Health Service Trust established on 4 January 1999
“the transfer date” (“ y dyddiad trosglwyddo ”) means the 1 April 2008;
“the new trust” (“ yr ymddiriedolaeth newydd ”) means the Cwm Taf National Health Service Trust established on 12 March 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the new trust, including without limitation -
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1.
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Home Information Pack (Amendment)(No. 2) Regulations 2008.
2
These Regulations shall come into force on 1st June 2008.
Amendment of the Home Information Pack (No.2) Regulations 2007
2
The Home Information Pack (No. 2) Regulations 2007 are amended by the substitution, for “1st June 2008”, of “1st January 2009” in the following provisions —
a
regulation 10A(1) (leasehold information included during a temporary period) ;
b
regulation 16(1)(a) (energy information unobtainable before or at the first point of marketing); and
c
regulation 34(2)(a) (first day marketing during a temporary period).
Signed by authority of the Secretary of State for Communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
6th May 2008


text:
1
This Order may be cited as the Rochdale Sixth Form College (Incorporation) Order 2008 and comes into force on 1st August 2008.
2
There is established as from 1st August 2008 a body corporate called “the Rochdale Sixth Form College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order is 1st August 2008, and the corporation shall conduct the Rochdale Sixth Form College from that date.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
3rd July 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1st July 2008.
2
In this Order —
“the old Trust” means the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust ;
“the new Trust” means the Norfolk Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 2nd April 2008 and on behalf of the new Trust on 10th April 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
19th May 2008