text:
PART 1 GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007.
2
These Regulations come into force on 1st April 2007 for the purposes of —
a
enabling the Authority to receive a notice under subsection (1)(b) of section 312A of the Act (inserted by these Regulations) in preparation for the making of arrangements as mentioned in that section by an EEA market operator on or after 1st November 2007;
b
enabling a recognised investment exchange to give notice under subsection (2) of section 312C of the Act (inserted by these Regulations), and enabling the Authority to send a copy of the notice to the host state regulator as required by subsection (3) of that section;
c
enabling applications to be made for approval under section 412A of the Act (inserted by these Regulations);
d
enabling the Authority to give a direction as to the manner in which an application under section 412A is to be made and as to the content of the application and information to accompany it, and enabling the Authority to require the applicant to provide further information in accordance with section 412A(3);
e
enabling the Authority, on receipt on or after that date of a consent notice under paragraph 13(1)(a) of Schedule 3 in relation to a EEA firm exercising an EEA right deriving from the markets in financial instruments directive, to prepare for the firm’s supervision in accordance with paragraph 13(2)(a) of that Schedule;
f
enabling the Authority, on receipt of a regulator’s notice under paragraph 14 of Schedule 3 or a notice referred to in paragraph 14(1)(ba) of that Schedule (inserted by these Regulations) in relation to a EEA firm exercising an EEA right deriving from the markets in financial instruments directive, to prepare for the firm’s supervision in accordance with paragraph 14(2)(a) of that Schedule;
g
enabling —
i
a UK firm to give a notice of intention under paragraph 19 of Schedule 3 (as amended by these Regulations) in exercise of an EEA right deriving from the markets in financial instruments directive,
ii
the Authority to give a consent notice referred to in paragraph 19(4) of that Schedule to the host state regulator or a notice referred to in paragraph 19(8), (11) or (12) of that Schedule in relation to the exercise of that EEA right, and
iii
the firm to make a reference to the Tribunal in accordance with paragraph 19(12)(b) of that Schedule in relation to the exercise of that EEA right;
h
enabling —
i
a UK firm to give a notice of intention under paragraph 20 of Schedule 3 (as amended by these Regulations) in exercise of an EEA right deriving from the markets in financial instruments directive,
ii
the Authority to send a copy of such a notice to the host state regulator under paragraph 20(3) of that Schedule and notify the UK firm under paragraph 20(4) of that Schedule that it has done so,
and for all other purposes on 1st November 2007.
3
For the purposes of paragraph (2)(e) to (h) —
“EEA right” has the meaning given in paragraph 7 of Schedule 3;
an “EEA right deriving from the markets in financial instruments directive” means an EEA right to carry on an activity —
which is an investment service or activity listed in Section A of Annex I to the markets in financial instruments directive;
which is an ancillary service listed in Section B of Annex I to the markets in financial instruments directive; or
in relation to an investment which is a financial instrument listed in Section C of Annex I to the markets in financial instruments directive;
“Schedule 3” means Schedule 3 to the Act.
4
Nothing in paragraph (2)(e) to (h) gives an EEA firm or a UK firm an EEA right to carry on, before 1st November 2007, an activity —
a
which is an ancillary service listed in Section B of Annex I to the markets in financial instruments directive but which is not a non-core service listed in Section C of the Annex to the investment services directive;
b
in relation to an investment which is a financial instrument listed in Section C of Annex I to the markets in financial instruments directive but which is not an instrument listed in Section B of the Annex to the investment services directive; or
c
referred to in paragraph 5 of Section A of Annex I to the markets in financial instruments directive unless the firm has an EEA right to carry on one or more core services listed in Section A of the Annex to the investment services directive.
Interpretation
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000 ;
“authorised person” has the meaning given in section 31(2) of the Act;
“the Authority” means the Financial Services Authority;
“investment services directive” means Council Directive 93/22/ EEC of 10 May 1993 on investment services in the securities field ;
“markets in financial instruments directive” means Directive 2004/39/ EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments ;
“Part IV permission” has the meaning given in section 40(4) of the Act;
“Schedule 3” means Schedule 3 to the Act;
Amendments of primary and secondary legislation
3
1
Schedule 1, which contains amendments of Part 13 of the Act (incoming firms: intervention by authority), has effect.
2
Schedule 2, which contains amendments of Part 18 of the Act (recognised investment exchanges and clearing houses), has effect.
3
Schedule 3, which inserts Part 18A of the Act, has effect.
4
Schedule 4, which contains amendments of Schedule 3 to the Act (EEA passport rights), has effect.
5
Schedule 5, which contains other amendments of the Act, has effect.
6
Schedule 6, which contains consequential amendments of other enactments, has effect.
PART 2 PART IV PERMISSION: INVESTMENT FIRMS
4
1
The Authority must not give a Part IV permission to an applicant who is an investment firm unless it is satisfied that the applicant complies with —
a
the provisions contained in or made under the Act implementing Chapter I of Title II of the markets in financial instruments directive; and
b
any directly applicable Community regulation made under that Chapter.
2
Paragraph (1) also applies if an authorised person becomes an investment firm by virtue of a variation of his Part IV permission.
3
“Investment firm” has the meaning given in section 424A of the Act .
PART 3 TRANSITIONAL AND SAVING PROVISIONS
Transitional and saving provisions: market operators
5
1
Section 312A(2) of the Act applies to arrangements made on or before 31st October 2007, in the United Kingdom, by an EEA market operator to facilitate access to, or use of, a regulated market or multilateral trading facility operated by it as it applies to arrangements under section 312A(1).
2
Section 312C(2) and (4) of the Act does not apply in relation to arrangements made by a recognised investment exchange on or before 31st October 2007 in the territory of another EEA State to facilitate access to, or use of, a regulated market or multilateral trading facility operated by it by persons established in that State.
Transitional and saving provisions: EEA firms
6
1
Where the Authority has received a consent notice of the sort referred to in paragraph 13(1)(a) of Schedule 3 from the home state regulator of an EEA investment firm on or before 31st October 2007, paragraph 13 of Schedule 3 applies as if it had not been amended by paragraph 8 of Schedule 4 to these Regulations.
2
In this regulation, “EEA investment firm” means an EEA firm falling within paragraph 5(a) of Schedule 3 (before its amendment by these Regulations).
Transitional provisions: UK investment firms exercising passport rights under the investment services directive
7
1
Where —
a
a UK investment firm on or before 31st October 2007 has given —
i
notice of intention under paragraph 19(2) or 20(1) of Schedule 3 in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations, or
ii
notice of change under regulation 11(3) or 12(2)(a) of the EEA Passport Rights Regulations in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations, or
b
the Authority on or before 31st October 2007 has given —
i
a consent notice under paragraph 19(4) of Schedule 3 or a notice referred to in paragraph 20(3) of Schedule 3 in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations, or
ii
a notice referred to in regulation 11(5) of the EEA Passport Rights Regulations in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations,
it is on 1st November 2007 to be treated as having given that notice in relation to the investment service or activity specified in the second column of table 1 opposite that investment service.
2
Where —
a
a UK investment firm on or before 31st October 2007 has given —
i
notice of intention under paragraph 19(2) or 20(1) of Schedule 3 in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations, or
ii
notice of change under regulation 11(3) or 12(2)(a) of the EEA Passport Rights Regulations in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations, or
b
the Authority on or before 31st October 2007 has given —
i
a consent notice under paragraph 19(4) of Schedule 3 or a notice referred to in paragraph 20(3) of Schedule 3 in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations, or
ii
a notice referred to in regulation 11(5) of the EEA Passport Rights Regulations in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations,
it is on 1st November 2007 to be treated as having given that notice in relation to the ancillary service specified in the second column of table 2 opposite that non-core service.
3
Where —
a
a UK investment firm on or before 31st October 2007 has given —
i
notice of intention under paragraph 19(2) or 20(1) of Schedule 3 in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive (investment advice concerning one or more of the instruments listed in Section B), or
ii
notice of change under regulation 11(3) or 12(2)(a) of the EEA Passport Rights Regulations in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive, or
b
the Authority on or before 31st October 2007 has given —
i
a consent notice under paragraph 19(4) of Schedule 3 or a notice referred to in paragraph 20(3) of Schedule 3 in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive, or
ii
a notice referred to in regulation 11(5) of the EEA Passport Rights Regulations in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive,
it is on 1st November 2007 to be treated as having given that notice in relation to the investment service specified in paragraph 5 of Section A of Annex I to the markets in financial instruments directive (investment advice) and the ancillary service specified in paragraph 5 of Section B of the Annex to that directive (investment research and financial analysis).
4
Where —
a
a UK investment firm on or before 31st October 2007 has given —
i
notice of intention under 19(2) or 20(1) of Schedule 3 in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations, or
ii
notice of change under regulation 11(3) or 12(2)(a) of the EEA Passport Rights Regulations in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations, or
b
the Authority on or before 31st October 2007 has given —
i
a consent notice under paragraph 19(4) of Schedule 3 or a notice referred to in paragraph 20(3) of Schedule 3 in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations, or
ii
a notice referred to in regulation 11(5) of the EEA Passport Rights Regulations in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations,
it is on 1st November 2007 to be treated as having given that notice in relation to the financial instrument specified in the second column of table 3 opposite that instrument.
5
Nothing in this regulation gives a UK investment firm the right to carry on a regulated activity (or an activity which, if it were regarded as carried on in the United Kingdom, would be a regulated activity) which it would require Part IV permission to carry on but for which it does not have Part IV permission.
Additional saving provision: UK investment firms
8
Where the Authority has given a consent notice under paragraph 19(4) of Schedule 3 in relation to a UK investment firm on or before 31st October 2007, paragraph 19(6) of that Schedule applies as if it had not been amended by paragraph 10(c) of Schedule 4 to these Regulations, and paragraph 19(7B) (inserted by paragraph 10(d) of Schedule 4 to these Regulations) does not apply.
Transitional provision: appointed representatives and tied agents
9
1
A person —
a
to whom section 39(1A) or 39A(1) of the Act (both inserted by these Regulations) applies,
b
whose name appeared in the record maintained by the Authority under section 347(1)(i) of the Act immediately before 1st November 2007,
is deemed, with effect from 1st November 2007, to be included in the record maintained by the Authority under section 347(1)(ha) of the Act (inserted by paragraph 12 of Schedule 5 to these Regulations).
2
Paragraph (1) does not prevent the Authority from removing an entry from the record in accordance with section 347(3).
Interpretation of Part 3
10
In this Part —
“ancillary service” has the meaning given in Article 4.1.3 of the markets in financial instruments directive;
“EEA Passport Rights Regulations” means the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 ;
“EEA State” has the meaning given in paragraph 8 of Schedule 3;
“EEA market operator” has the meaning given in section 312D of the Act (inserted by these Regulations);
“financial instrument” has the meaning given in Article 4.1.17 of the markets in financial instruments directive;
“home state regulator” the meaning given in paragraph 9 of Schedule 3;
“instrument” (except in the expression “financial instrument”) means any of the instruments listed in Section B of the Annex to the investment services directive;
“investment service” (except in the expression “investment services and activities”) has the meaning given in Article 1.1 of the investment services directive;
“investment services and activities” has the meaning given in Article 4.1.2 of the markets in financial instruments directive;
“multilateral trading facility” has the meaning given in Article 4.1.15 of the markets in financial instruments directive;
“non-core service” means any of the services listed in Section C of the Annex to the investment services directive;
“recognised investment exchange” has the meaning given in section 285 of the Act;
“regulated activity” has the meaning given in section 22 of the Act;
“regulated market” has the meaning given in Article 4.1.14 of the markets in financial instruments directive;
“Schedule 3” means Schedule 3 to the Act;
“UK investment firm” means a UK firm (within the meaning of paragraph 10 of Schedule 3 ) —
which is an investment firm (within the meaning of the investment services directive); and
whose EEA right derives from that directive.
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
24th January 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Travel (Pupils with Dual Registration) (England) Regulations 2007.
2
These Regulations come into force —
a
in relation to the modification of the application of paragraph 3(1) and (2) of Schedule 35C to the Education Act 1996, on 1st June 2007, and
b
in relation to the modification of the application of section 508B(1) and (2) of that Act, on 1st September 2007.
3
These Regulations apply only in relation to England.
Modification of the application of the Education Act 1996
2
1
This regulation modifies the application of section 508B (1) and (2) of, and paragraph 3(1) and (2) of Schedule 35C to, the Education Act 1996 in respect of children who are registered pupils at more than one educational establishment.
2
Where a child is registered at —
a
two qualifying schools other than pupil referral units, or
b
in the case of a child who has no fixed abode, two or more qualifying schools other than pupil referral units,
the relevant educational establishment in relation to him is whichever of the schools he is attending at the relevant time.
3
Where a child has no fixed abode “home to school travel arrangements” means travel from wherever the child is residing at the relevant time to the nearest qualifying school at which he is registered, so far as is reasonably practicable.
4
For the purposes of paragraphs (2) and (3) —
a
“qualifying school” has the meaning given in paragraph 15(2) and (3) of Schedule 35B to the Education Act 1996 ,
b
the “relevant time” means any school day on which travel arrangements are required, and
c
a child has no fixed abode if he falls within regulation 9(1)(a) of the Education (Pupil Registration) Regulations 2006 .
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
27th April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Fees) (Amendment) Regulations 2007 and shall come into force on 2nd July 2007.
Amendment to the Health and Safety (Fees) Regulations 2007
2
1
The Health and Safety (Fees) Regulations 2007 are amended as follows.
2
After regulation 17, insert —
Fees payable in relation to nuclear design proposals
17A
1
Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Schedule 13A, the Executive carries out any work for a purpose specified in column 2 of that Schedule, a fee shall be payable by the person referred to in column 3 of that Schedule.
2
The fee referred to in paragraph (1) shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the work referred to in paragraph (1); and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fee, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
3
In Schedule 13A —
“assessment agreement” means an agreement between the Executive and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the Executive of that design proposal;
“design proposal” means a proposal for any new nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the Executive prior to any application for a licence under section 1(1) of the Nuclear Installations Act 1965 which may be made based upon that design proposal; and
“nuclear installation” means a nuclear reactor or an installation within the meaning of section1(1)(b) of the Nuclear Installations Act 1965.
.
3
After Schedule 13, there shall be added the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th June 2007


text:
PART 1 GENERAL PROVISIONS
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Federations) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply only in relation to England.
Revocation
2
The School Governance (Federations) (England) Regulations 2004 are revoked.
Interpretation
3
1
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“ EA 2002 ” means the Education Act 2002;
“authority” means the local education authority by which a maintained school is, or a proposed school is to be, maintained;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2007 ;
“day” means school day as defined by section 579 of the Education Act 1996 ;
“the federation date” means the date on which governing bodies federate;
“governing body” means a governing body incorporated under section 19(1) of EA 2002 or these Regulations as appropriate;
“new school” has the same meaning as in the New Schools Regulations ;
“the New Schools Regulations” means the School Governance (New Schools) (England) Regulations 2007 ;
“the Procedures Regulations ” means the School Governance (Procedures) (England) Regulations 2003 ;
“qualifying foundation school” means a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government, before the federation date, provided for the majority of governors to be foundation governors appointed by the foundation; and
“the Staffing Regulations ” means the School Staffing (England) Regulations 2003 .
PART 2 ESTABLISHING OR JOINING A FEDERATION
Prescribed cases
4
1
Regulations 6 to 9 apply where at least two governing bodies propose to federate in accordance with section 24 of EA 2002.
2
Regulations 10 and 11 apply where it is proposed to establish a new school and either —
a
the temporary governing body wish to federate with one or more governing bodies; or
b
the authority or, where the school is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers propose that the school be a federated school.
Procedure for schools wishing to federate
5
If, before 25th May 2007 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of regulations 6 to 9, those requirements are to that extent to be treated as satisfied.
6
1
Where a governing body are considering federation, they must first consider a report on the proposal.
2
The report must be specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.
7
1
Where a governing body propose that they should federate with the governing body of a federation, they must give notice of the proposal to the governing body of the federation.
2
Upon receipt of the notice, the governing body of the federation must consider whether they should —
a
give preliminary consent to the governing body joining the federation (“ preliminary consent ”); or
b
determine that the governing body should not join the federation.
8
1
Where a governing body decide that they should federate with one or more other governing bodies and, where necessary, preliminary consent has been given, they must jointly with the other governing body or bodies publish proposals for federation.
2
The proposals must contain the following —
a
the name or names of the governing body or bodies with which the governing body propose to federate and confirmation that that governing body, or those governing bodies, have resolved likewise to federate;
b
the proposed size of the governing body of the federation;
c
the proposed number of governors for each category of governor;
d
the proposed arrangements for staffing the schools within the federation;
e
the proposed federation date;
f
the identity of the admission authority or authorities for the schools within the federation;
g
the date, not less than 6 weeks after the publication of the proposals, by which written representations may be made to the governing body regarding the proposals and the address to which they should be sent; and
h
such other matters as the governing bodies consider appropriate.
3
The governing bodies proposing to federate must publish the proposals by sending them to —
a
the relevant authorities;
b
the head teacher of each school;
c
in the case of any school with a foundation —
i
the foundation governors; and
ii
any trustees of a trust relating to the school;
d
where any of the schools are designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate diocesan authority in the case of a Church of England or Roman Catholic Church school, or the appropriate religious body in the case of any other such school;
e
all staff paid to work at any of the schools;
f
every person known to them to be a parent of a registered pupil at any of the schools; and
g
such other persons as the governing bodies consider appropriate.
4
A copy of the proposals must be made available for inspection at all reasonable times at each school.
9
1
The governing bodies proposing to federate must jointly consider any responses to the proposals and each governing body must determine whether —
a
to proceed with the proposals for federation as published;
b
to proceed with the proposals for federation with such modifications as the governing body consider appropriate; or
c
not to proceed with the proposals for federation.
2
The modifications referred to in paragraph (1)(b) may not include a change in the identity of the governing bodies proposing to federate.
3
All the governing bodies that have determined to proceed must jointly give notice of that fact to the relevant authority or authorities.
New schools wishing to federate
10
1
Where it is proposed that a new school should federate with one or more schools or a federation, paragraph (2) or (3) applies as appropriate.
2
Where a temporary governing body has been established, regulations 6 to 9 have effect as if references to a governing body proposing to federate were references to a temporary governing body proposing to federate.
3
Where a temporary governing body is yet to be established, regulations 6 to 9 have effect as if —
a
references to the governing body proposing to federate were references to the authority or, where proposals are to establish a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers;
b
regulation 6(2) were omitted; and
c
in regulation 8(2)(a) for “the governing body propose to federate” there were substituted “the authority or the proposers propose that the temporary governing body of the new school should federate”.
11
1
Parts 1 to 3 and 5 to 7 of the New Schools Regulations apply to a temporary governing body constituted pursuant to this regulation.
2
Where it is proposed that two or more new schools should federate together, with or without one or more other schools or other federation, the authority may make arrangements providing for the constitution of a single temporary governing body for those new schools.
3
Where the proposed federation includes schools which are maintained by two or more authorities, those authorities are to agree amongst themselves who may make arrangements providing for the constitution of a single temporary governing body for those new schools.
4
Where one or more of the new schools referred to in paragraph (2) is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the authority must consult the proposers —
a
as to whether the power given to the authority in paragraph (2) should be exercised; and
b
if the authority proposes to exercise it, as to the date on which the arrangements should be made.
5
Schedule 1 applies to a temporary governing body constituted pursuant to this regulation.
Incorporation of governing bodies of federations and dissolution of former governing bodies
12
1
On the federation date —
a
the governing bodies of the federating schools or federations are dissolved;
b
the governing body of the federation is incorporated;
c
all land and property which, immediately before the federation date, was held by the governing body of a federating school or federation transfers to, and by virtue of these Regulations vests in, the governing body of the federation; and
d
all rights and liabilities subsisting immediately before the federation date which were acquired or incurred by the governing body of a federating school or federation be transferred to the governing body of the federation.
2
Section 198 of the Education Reform Act 1988 (which, with Schedule 10 to that Act, makes further provision in relation to transfers of property, rights and liabilities) applies in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
PART 3 CATEGORIES OF GOVERNOR
Parent governors
13
1
In these Regulations “parent governor” means —
a
a person who is elected in accordance with paragraphs 3 to 7 of Schedule 2 as a member of the governing body of a federation by —
i
parents of registered pupils at a federated school, or
ii
parents of children for whom educational or other provision is made on the premises of any maintained nursery school in the federation (including any such provision made by the governing body under section 27 of EA 2002),
and is himself such a parent at the time when he is elected; or
b
a person appointed as a parent governor in respect of a federated school in accordance with paragraphs 8 to 10 of Schedule 2.
2
Schedule 2 applies to the election and appointment of parent governors.
3
A person is disqualified from election or appointment as a parent governor of a federation if he is —
a
an elected member of the authority; or
b
paid to work at the federation or a federated school for more than 500 hours in any consecutive twelve month period.
4
A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at a federated school or to fulfil any of the requirements set out in paragraphs 9 and 10 of Schedule 2 (as the case may be) unless he is otherwise disqualified under these Regulations.
Staff governors
14
1
In these Regulations “staff governor” means —
a
the head teacher of a federation or of a federated school who is a staff governor by virtue of his office, unless he resigns in accordance with regulation 23(1) of the Constitution Regulations;
b
a person who is elected in accordance with Schedule 3 as a member of the governing body of a federation by persons who are paid to work at the federation or at a federated school and is himself a person so working at the time when he is elected.
2
At least one staff governor (in addition to the head teacher or head teachers) is to be a school teacher unless no school teacher stands for election.
3
Where the federation’s instrument of government specifies that there are to be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.
4
Upon ceasing to work at the federation or at a school within the federation, a staff governor is disqualified from continuing to hold office as such a governor.
LEA governors
15
1
In these Regulations “LEA governor” means a governor appointed to be a member of the governing body of a federation by the authority that maintains the federated schools.
2
Where the federation includes schools which are maintained by two or more authorities, those authorities must agree amongst themselves who is to appoint such governors and, if more than one governor is to be appointed, in what proportion.
3
A person is disqualified from appointment as an LEA governor if he is eligible to be a staff governor.
Community governors
16
1
In these Regulations “community governor” means a person who is appointed as such by the governing body of a federation and who is —
a
a person who lives or works in the community served by the federation; or
b
a person who, in the opinion of the governing body, is committed to the good government and success of the federation.
2
If one or more of the federated schools is a community special school or foundation special school the governing body of the federation must appoint as one of the community governors a person nominated in accordance with Schedule 4 in respect of each such school.
3
A person is disqualified from appointment as a community governor if he is —
a
eligible to be a staff governor; or
b
an elected member of the authority.
Foundation governors
17
1
In these Regulations,
a
“foundation governor” means a person who is appointed to be a member of the governing body of the federation in respect of a particular federated school, otherwise than by the local education authority and who —
i
is appointed for the purposes of securing that the character of the federated school, including where the federated school has a particular religious character, such religious character, is preserved, and
ii
where the federated school has a foundation, is appointed for the purpose of securing that the federated school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the federated school;
b
“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor; and
c
“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 24(3) of the Constitution Regulations.
2
An ex officio foundation governor is, upon ceasing to hold the office from which his governorship derives, disqualified from continuing to hold office as such a governor.
Partnership governors
18
1
In these Regulations “partnership governor” means a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 5.
2
A person is disqualified from nomination or appointment as a partnership governor of a federation if he is —
a
a parent of a registered pupil at a school within the federation;
b
eligible to be a staff governor of the federation;
c
an elected member of a relevant authority; or
d
employed by a relevant authority in connection with its functions as a local education authority.
Sponsor governors
19
In these Regulations “sponsor governor” means a person nominated as a sponsor governor and appointed as such by the governing body of a federation in accordance with Schedule 6.
Associate members
20
1
In these Regulations “associate member” means a person appointed by the governing body of a federation as a member of any committee established by them but who is not a governor.
2
An associate member holds office for a period of four years or such shorter period (not being less than one year) as may be determined by the governing body of a federation at the date of his appointment.
3
Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor of a school under Schedule 6 to the Constitution Regulations is likewise disqualified from appointment as, or from continuing as, an associate member of the governing body of a federation, save as provided in paragraph 1 of Schedule 6 to the Constitution Regulations.
PART 4 COMPOSITION OF GOVERNING BODIES OF A FEDERATION
General principles
21
1
Subject to paragraphs (2) and (3), the instrument of government for a federation is to specify the size of the membership of the governing body of the federation, being no fewer than 9 or more than 29 governors.
2
In determining the size of the membership of the governing body of a federation any sponsor governors appointed in accordance with regulations 22 to 29 and any additional foundation governors appointed in accordance with regulations 25(2)(b) or 27(2)(b) are not to be included.
3
Subject to regulations 22 to 29, the instrument of government is to specify the number of governors from each of the following categories of governor to be elected or appointed —
a
parent governors;
b
staff governors;
c
LEA governors;
d
community governors;
e
foundation governors;
f
partnership governors;
g
sponsor governors.
4
Where application of this regulation and regulations 22 to 29 produces a number other than a whole number, the governing body must specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limit set in this regulation.
5
In calculating the number of staff governors required, the head teachers must be included whether or not the head teacher of the federation, or any head teacher of a federated school, has resigned his governorship.
Federation comprising community, community special and maintained nursery schools
22
1
The governing body of a federation containing any combination of community schools, community special schools and maintained nursery schools (and no other category of school) is to comprise the following —
a
one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
one fifth LEA governors; and
d
one fifth or more community governors.
2
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
Federation comprising only foundation or foundation special schools without foundations
23
1
The governing body of a federation containing only foundation or foundation special schools which, in either case, do not have a foundation, is to comprise the following —
a
at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than one quarter partnership governors.
2
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
Federation comprising only foundation or foundation special schools which have a foundation but which are not qualifying foundation schools
24
1
The governing body of a federation containing only foundation or foundation special schools which have foundations but which are not qualifying foundation schools is to comprise the following —
a
at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than 45 per cent foundation governors.
2
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
Federation comprising qualifying foundation schools only
25
1
The governing body of a federation comprising qualifying foundation schools only is to comprise the following —
a
for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors;
e
such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (d) by up to two; and
f
such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.
2
In addition —
a
the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and
b
the foundation may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.
Federation comprising voluntary controlled schools only
26
1
The governing body of a federation containing voluntary controlled schools only is to comprise the following —
a
one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than one quarter foundation governors.
2
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
Federation comprising voluntary aided schools only
27
1
The governing body of a federation containing voluntary aided schools only is to comprise the following —
a
for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least one but no more than one tenth LEA governors;
d
such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (c) by two; and
e
such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.
2
In addition —
a
the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and
b
the persons who are entitled to appoint foundation governors may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.
Federation comprising voluntary controlled schools and community, community special or maintained nursery schools
28
1
The governing body of a federation containing at least one voluntary controlled school and at least one community school, community special school or maintained nursery school is to comprise the following —
a
one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least two but no more than one fifth LEA governors;
d
at least two community governors; and
e
at least one foundation governor.
2
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school
29
1
The governing body of a federation containing —
a
more than one category of school, and
b
at least one foundation school, foundation special school or voluntary aided school,
is to be constituted in accordance with paragraph (2).
2
The governing body of a federation to which paragraph (1) applies is to comprise the following —
a
for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;
b
at least two but no more than one third staff governors;
c
at least two but no more than one fifth LEA governors;
d
at least two community governors; and
e
at least two foundation governors (or partnership governors as appropriate in respect of any school without a foundation).
3
The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.
PART 5 INSTRUMENTS OF GOVERNMENT, PROCEDURES, STAFFING AND CHARITABLE STATUS
Qualifications, tenure of office and instruments of government
30
Regulations 19 ( Notification of appointment s) and 21 to 33 of, and Schedule 6 ( Qualifications and disqualifications ) to, the Constitution Regulations apply to the governing body of a federation and its members subject to the modifications in Schedule 7.
Procedures of governing bodies of federations
31
The Procedures Regulations apply to the procedure of governing bodies of federations subject to the modifications in Schedule 8.
Staffing of federations
32
The Staffing Regulations apply to the staffing of federations subject to the modifications in Schedule 9.
Charitable status of federations
33
1
The governing body of a federation which includes a foundation, voluntary or foundation special school is a charity which is an exempt charity for the purposes of the Charities Act 1993 , but no governing body of a federation which includes only community, community special or maintained nursery schools is a charity.
2
So far as it is a charity, any institution which —
a
is administered by or on behalf of any governing body of a federation which includes a foundation, voluntary or foundation special school; and
b
is established for the general purposes of, or for any special purpose of, or in connection with, that body or that federation or any foundation, voluntary or foundation special school within that federation,
shall also be an exempt charity for the purposes of the Charities Act 1993.
3
In this regulation, “charity” and “institution” have the same meaning as in the Charities Act 1993.
PART 6 INFORMATION AND FUNDING
Information for the governing body of a federation
34
1
Immediately before the federation date, the governing body of a school which is to become a federated school must prepare, for the purpose of assisting the governing body of the federation, a written report on the action which they have taken in the discharge of their functions relating to the school.
2
All minutes and papers of a governing body of a school which is to become a federated school on the federation date, including the report prepared under paragraph (1), must be made available to the governing body of the federation.
Financing of federations
35
Except as provided by regulation 36, Chapter 4 of Part 2 of SSFA 1998 ( Financing of maintained schools ) applies to federated schools and their governing bodies as it applies to other maintained schools and their governing bodies.
36
1
In its application to a federated school in England, other than one for which a temporary governing body is established pursuant to regulation 38 or 43, section 50 of SSFA 1998 ( Effect of financial delegation ) has effect subject to the following modifications.
2
In subsection (1), for “maintained” substitute “federated”.
3
In subsection (2) for “any amounts are made available by the authority to the governing body” substitute “any amounts in respect of a federated school are made available by the authority to the governing body of a federation”.
4
In subsection (3) —
a
for “the governing body may spend any such amounts” substitute “the governing body of a federation may spend any amounts made available under subsection (2), or previously made available to the governing bodies of the federated schools before federation”, and
b
for paragraph (a) substitute —
a
for any purposes of the federated school to which the amounts relate;
ab
for any purposes of any other federated school within the federation;
ac
for any purposes of the federation; or
.
5
In subsection (4) for “In subsection (3) “purposes of the school” does not include” substitute “In subsection (3)(a), (ab) and (ac) any reference to the purposes of a federated school or a federation does not include”.
6
In subsection (6), for “the head teacher” substitute “the head teacher of the federation or to the head teachers of federated schools”.
7
In subsection (7), for “school” substitute “federation”.
PART 7 FEDERATED SCHOOLS LEAVING FEDERATIONS
Procedure for a school to leave a federation
37
1
This regulation applies to a request made to a governing body of a federation for a federated school (“ the relevant school ”) to leave the federation.
2
The request must be made in writing and signed by —
a
two or more governors;
b
one fifth of the parents of registered pupils at the relevant school;
c
two fifths of staff who are paid to work at the relevant school;
d
the authority;
e
the trustees of the relevant school; or
f
a body entitled to appoint foundation governors to the governing body of the federation.
3
The governing body of the federation must give notice of the request to —
a
all relevant authorities;
b
the head teacher of the federation and the head teacher of each federated school;
c
where the relevant school is a foundation or voluntary school with a religious foundation, any trustees of a trust relating to the relevant school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;
d
all staff paid to work at the relevant school;
e
every person known by them to be a parent of a registered pupil at the relevant school; and
f
such other persons as the governing body of the federation consider appropriate.
4
Notice under paragraph (3)(a) and (b) must be given within the period of 5 days beginning with the date on which the request was received.
5
A request under paragraph (1) is to be taken to have been received by a governing body of a federation if given or sent to the chair or to the clerk of the governing body of a federation.
6
Not less than 14 days after the governing body of a federation has given notice of the request in accordance with paragraph (3), the governing body must consider the request and all responses received from the persons to whom notification of the request was sent and must decide whether —
a
the relevant school should leave the federation and, if so, on what date it should do so (“ the de-federation date ”);
b
the federation should be dissolved, and if so, on what date; or
c
the relevant school should not leave the federation.
7
Such a decision does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.
8
The governing body of a federation must give notice in writing of their decision under paragraph (6) within 5 days to those persons referred to in paragraph (3).
Decision to permit federated school to leave a federation
38
1
Upon notification that a governing body of a federation have resolved that a federated school should leave a federation paragraphs (2) or (3) apply.
2
Where one of only two federated schools is to leave a federation, the federation is dissolved in accordance with Part 8.
3
Where paragraph (2) does not apply,
a
the authority must —
i
establish a temporary governing body in respect of the school leaving the federation in accordance with Parts 3 and 4 of the New Schools Regulations; and
ii
issue a new instrument of government for that school in accordance with Part 5 of the Constitution Regulations ;
b
the governing body of the federation must review the instrument of government of the federation in accordance with regulation 32 of the Constitution Regulations.
Availability of amounts representing budget share
39
Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a school leaving a federation may spend any sum made available by the authority under section 50(1) of that Act to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.
Incorporation of governing body of a school leaving a federation
40
On the de-federation date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.
Transfer of property
41
1
On the de-federation date —
a
all land or property, which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school transfers to, and by virtue of these Regulations vests in, the governing body incorporated under regulation 40; and
b
all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation for the purposes of the de-federated school transfer to the governing body incorporated under regulation 40.
2
Section 198 of and Schedule 10 to the Education Reform Act 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
PART 8 DISSOLUTION OF FEDERATIONS
Dissolution of federations
42
1
Where —
a
a governing body of a federation decides that the federation should be dissolved; or
b
a governing body of a federation decides that one of only two federated schools should leave a
federation,
the governing body of a federation must give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within 14 days.
2
The persons to be notified are —
a
all relevant authorities;
b
the head teacher of the federation and each head teacher of a federated school;
c
every member of staff paid to work at the federation or a federated school;
d
every person known by the governing body to be a parent of a registered pupil at a federated school;
e
where a federated school is a foundation or voluntary school with a religious foundation, the foundation governors, any trustees of a trust relating to the federated school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools; and
f
such other persons as the governing body of the federation consider appropriate.
43
Upon receipt of the notice issued under regulation 42, the relevant authority or authorities must —
a
establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Schools Regulations; and
b
issue a new instrument of government for each school in accordance with Part 5 of the Constitution Regulations.
Availability of amounts representing budget share
44
Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of each school may spend any sum made available by the authority under section 50(1) of that Act to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.
Incorporation of governing body of a school leaving a federation
45
On the date of dissolution the temporary governing body of each federated school are incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.
Transfer of property
46
1
On the date of dissolution —
a
all land or property which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school, transfers to, and by virtue of these Regulations vests in, the new governing body of each de-federated school incorporated under regulation 45; and
b
all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school transfer to the new governing body of each de-federated school incorporated under regulation 45.
2
Section 198 of and Schedule 10 to the Education Reform Act 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
Jim Knight
Minister of State
Department for Education and Skills
22nd March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Consistent Financial Reporting (England) (Amendment) Regulations 2007 and come into force on the 1st April 2007.
2
These Regulations apply only in relation to England.
Amendments to the Consistent Financial Reporting (England) Regulations 2003
2
1
The Schedule to the Consistent Financial Reporting (England) Regulations 2003 is amended as follows.
2
After “I13 (Donations and/or Voluntary Funds)”, insert —
I14 (School Standards Grant – Pupil focused)
I15 (Pupil focused extended school funding and/or grants)
I16 (Community focused extended school funding and/or grants)
I17 (Community focused extended school facilities income)
.
3
After “E30 (Direct revenue financing)”, insert —
E31 (Community focused extended school staff)
E32 (Community focused extended school costs)
.
4
After “C101 (Capital Income)”, omit “C102 (Loans)”.
5
After “BO5 (Other Capital Balances)”, insert “B06 (Community focused extended school revenue balances)”.
Jim Knight
Minister of State
Department for Education and Skills
26th February 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007 and come into force on 20th February 2007.
2
These Regulations apply to England.
Disapplication of duties
2
A duty under section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall not apply to —
a
a waste disposal authority or a waste collection authority to which the Secretary of State has given notice in writing that it has been categorised as excellent or 4 stars in an order made under section 99(4) of the Local Government Act 2003 (categorisation of English local authorities by reference to performance);
b
a waste disposal authority to which the Secretary of State has given notice in writing that it has —
i
met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order under section 4(1) of the Local Government Act 1999 (performance indicators and standards); and
ii
from 1st April 2006, complied in the preceding financial year with the duty not to exceed the landfill allowances imposed on it by section 9(1) of the Waste and Emissions Trading Act 2003;
c
a waste collection authority to which the Secretary of State has given notice in writing that it has met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order made under section 4(1) of the Local Government Act 1999;
d
the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that he is satisfied that the following conditions are met —
i
the waste disposal authority complies with paragraph (b);
ii
half or more of the waste collection authorities for the area comply with paragraph (c); and
iii
all the other waste collection authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty; and
e
the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that he is satisfied that the following conditions are met —
i
the waste disposal authority complies with paragraph (b); and
ii
all the waste authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty.
Duration of disapplication
3
1
A disapplication under regulation 2 shall apply from the date on which the Secretary of State gives the relevant notice in writing to the authority or authorities concerned.
2
A disapplication under regulation 2(a) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that the conditions specified have not been met for a period of at least two years.
3
A disapplication under regulation 2(b) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that —
a
where notice is given before 1st April 2007, the conditions specified have ceased to be met; or
b
where notice is given on or after 1st April 2007, the conditions specified have not been met for a period of at least two years.
4
A disapplication under regulation 2(c) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that the conditions specified have ceased to be met, but such notice shall not be given until the disapplication has applied for a period of at least two years.
5
A disapplication under regulation 2(d) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authorities concerned that he is satisfied that the conditions specified in regulation 2(d)(i) and (ii) have not been met for a period of at least two years.
6
A disapplication under regulation 2(e) shall come to an end after 30 months.
Modification of application of duties
4
Where by reason of regulation 2 a duty applies to one or more, but not all, of the waste authorities for a two-tier area, section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall apply in that area as if a reference to the waste authorities was a reference to the waste authorities to which the duty applies.
Revocation
5
The Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004 are revoked.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cheshire) (Borough of Crewe and Nantwich) Order 2007 and shall come into force on 21st January 2008.
Interpretation
2
In this Order —
1
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
2
“the 1991 Act ” means the Road Traffic Act 1991;
3
“ the Borough ” means the Borough of Crewe and Nantwich; and
4
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough, except for:
1
The M6 for its entire length within the Borough, including its slip roads;
2
The A49 for the entirety of both its lengths within the Borough;
3
The A500 from junction 16 of the M6 to its junction with the B5074;
4
The A534 from its junction with the A5020 to the boundary between the Borough and the Borough of Congleton; and
5
The A5020 from its junction with the A500 to its junction with the A532.
Designation of permitted parking area and special parking area
4
The Secretary of State designates 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 shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Transport
Tom Harris
Minister of State
Department for Transport
18th December 2007


text:
Citation, application and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 1 and Savings) Order 2007, and shall apply in relation to local authorities in England only.
2
In this Order —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1992 Act ” means the Local Government Act 1992 .
Commencement
2
Subject to article 3, the following provisions of the Act come into force on the day following the day on which this Order is made —
a
Part 1 (structural and boundary change in England);
b
Schedule 1; and
c
the entries in Part 1 of Schedule 18, and section 241 so far as relating to that Part of that Schedule.
Savings
3
1
Section 7(6) of the 1972 Act (elections of councillors) , and orders treated as made under section 17 of the 1992 Act (implementation of recommendations by order) by virtue of section 7(6), shall continue to have effect as though section 17 of the 1992 Act, and section 26 (orders etc. under Part 2) of that Act in so far as it applies in relation to section 17, were not amended by, respectively, paragraphs 6 and 10 of Schedule 1 to the Act, nor repealed (in part) by Part 1 of Schedule 18 to the Act.
2
The amendments to, and repeals (in part) of sections 17 and 26 of the 1992 Act mentioned in paragraph (1) of this article shall not affect the continuing operation of —
a
orders made by the Secretary of State for the purpose of giving effect (with or without modifications) to recommendations made by the Electoral Commission to the Secretary of State for structural or boundary changes ; and
b
orders making incidental, consequential, supplementary or transitional provision for the purposes or in consequence of orders of the description mentioned in sub-paragraph (a) .
3
A county council which, by the operation of section 18(1)(a) of the 1992 Act (consequences of structural changes etc.) , is a billing authority for the purposes of Part 1 of the Local Government Finance Act 1992 , shall continue to enjoy that status and section 18 of the 1992 Act shall continue to apply in relation to that council as though it were not repealed by paragraph 7 of Schedule 1 and Part 1 of Schedule 18 to the Act.
4
In the Local Government and Rating Act 1997 —
a
the references in sections 17(4) (electoral arrangements) and 20(2)(a) (election of parish councillors) to section 17 of the 1992 Act shall continue to have effect as though section 17 of the 1992 Act were not amended nor repealed (in part) as described in paragraph (1) of this article;
b
the definition of “structural change” in section 20(3) and the use of that expression in section 20(2) shall continue to have effect as though section 14 of the 1992 Act (changes that may be recommended) were not amended by paragraph 3 of Schedule 1 to the Act nor repealed (in part) by Part 1 of Schedule 18 to the Act;
c
the reference in section 23(9) (orders and regulations under Part 2) to section 20 of the 1992 Act shall continue to have effect as though section 20 were not repealed by paragraph 9 of Schedule 1 and Part 1 of Schedule 18 to the Act; and
d
the amendments to and repeal (in part) of section 17 and the repeal of section 20 of the 1992 Act mentioned in this paragraph shall not affect the continuing operation of orders made under sections 14 (implementation by the Secretary of State), 16 (establishment of new parish councils), or 17 (electoral arrangements) of the Local Government and Rating Act 1997 .
5
Nothing in this Order shall affect the continuing operation of regulations of general application made under section 19 of the 1992 Act (regulations for supplementing orders) or section 15 of the 1997 Act (regulations for supplementing orders under section 14) .
6
Nothing in this Order shall affect the continuing validity of agreements made under section 20(1) of the 1992 Act (agreements as to incidental matters) between public bodies affected by orders under Part 2 of the 1992 Act, and section 20 of the 1992 Act shall continue to apply in relation to such agreements as though it were not repealed by paragraph 9 of Schedule 1 and Part 1 of Schedule 18 to the Act.
7
Nothing in this Order shall affect the continuing operation of Schedule 1 to the Greater London Authority Act 1999 (assembly constituencies and orders under section 2(4)) , and in particular, references in paragraph 1 of that Schedule to sections 13, 14, or 15 of the 1992 Act shall continue to have effect as though those sections were not amended by, respectively, paragraphs 2, 3 or 4 of Schedule 1 nor repealed (in part) by Part 1 of Schedule 18 to the Act.
John Healey
Minister of State
Department for Communities and Local Government
31st October 2007


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Prisons) (Amendment) Regulations 2007 and come into force on 31st August 2007.
2
The Air Navigation (Restriction of Flying) (Prisons) Regulations 2001 are amended as follows.
3
1
After regulation 3(3)(c) there is added —
d
in relation to the prison at Maghaberry, flight by any aircraft for the purpose of landing at or taking off from Belfast International Airport, being an aircraft which is under the control of the air traffic control unit at that Airport.
2
In the Second Schedule, after the entry for Long Lartin there is inserted —
Maghaberry 2 N5430.88 W00611.10 2000
.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
9th August 2007


text:
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 5) Order 2007.
2
This Order extends to Wales.
2
The following provisions of the Police and Justice Act 2006 shall come into force in Wales on 19th November 2007 —
a
section 22 and Schedule 9 (amendments to the Crime and Disorder Act 1998);
b
section 52 (amendments and repeals) in so far as it relates to the entries in Schedule 15 in sub-paragraph (c);
c
in Part 3 of Schedule 15 (repeals: crime and anti-social behaviour) the entries relating to —
i
the Crime and Disorder Act 1998 ;
ii
the Police Reform Act 2002 ; and
iii
the Clean Neighbourhoods and Environment Act 2005 .
Tony McNulty
Minister of State
Home Office
18th October 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Parent Council) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education Act 2002;
“parent council” means the body to be established by a governing body pursuant to section 23A(2) of the Act;
“parent governor” or “parent governors” means the person or persons elected or appointed as a member of the governing body in accordance with regulation 4 of and Schedule 1 to the School Governance (Constitution) (England) Regulations 2007 ;
“parent” includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18; and
“pupil” means a pupil registered at a school to which these Regulations apply.
2
Any reference in these Regulations to the governing body or to the governing body of a school is a reference to the governing body of a school to which these Regulations apply.
Membership of the parent council
3
1
As far as practicable, the parent members of the parent council must include —
a
the parent or parents of at least one pupil in each year group;
b
at least one parent to represent —
i
any pupil, and
ii
any group of pupils or parents,
identified by the governing body as requiring special consideration; and
c
the parent governor or parent governors.
2
For the purposes of paragraph (b), individual pupils or parents, and groups of pupils or parents may be considered to require special consideration where they have such characteristics that particular regard should be had to their needs.
3
The governing body must determine the manner in which parent members are appointed or elected to the parent council and the term for which they should serve as members.
4
Subject to paragraph (5), the parent members may appoint any person who is not the parent of a pupil as a member of the parent council where the majority of the parent members so agree.
5
Where the parent council is to include persons who are not parents of registered pupils, the parent members must always outnumber such other persons by at least one.
Meetings and proceedings of the parent council
4
The quorum, proceedings and place of meetings of the parent council are to be such as the parent council, in consultation with the governing body, may determine.
Functions of the parent council
5
1
The governing body must consult the parent council on such matters and in such manner as they consider appropriate in relation to —
a
the governing body’s conduct of the school, and
b
the exercise by the governing body of their powers under section 27 of the Act.
2
The governing body must have regard to any advice given or views expressed to them by the parent council in relation to the governing body’s conduct of the school and the exercise by them of their powers under section 27 of the Act, whether under paragraph (1) or otherwise.
Support of the parent council
6
1
Without prejudice to regulation 13 ( Minutes and papers ) of the School Governance (Procedures) (England) Regulations 2003 , and to the extent that they are not otherwise required to secure the provision of such information to parents, the governing body must secure that the parent council is provided with such information as they may reasonably require in relation to —
i
the governing body’s conduct of the school, and
ii
the exercise by the governing body of their powers under section 27 of the Act.
2
The governing body must provide the parent council with such support and assistance as they may reasonably require.
Jim Knight
Minister of State
Department for Education and Skills
25th April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Patient Information Advisory Group (Establishment) (Amendment) Regulations 2007 and shall come into force on 31st August 2007.
Amendment of regulation 3 of the Patient Information Advisory Group (Establishment) Regulations 2001
2
In regulation 3(2) of the Patient Information Advisory Group (Establishment) Regulations 2001 (maximum period of membership of the Advisory Group) for “six years” there is substituted “nine years”.
Signed by authority of the Secretary of State
Ben Bradshaw
Minister of State
Department of Health
13th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education and Inspections Act 2006 (Prescribed Education and Training etc) Regulations 2007 and come into force on 1st April 2007.
Interpretation
2
In these Regulations “ the Act ” means the Education and Inspections Act 2006.
Prescribed education and training
3
1
The following education and training is prescribed for the purposes of section 123(1)(h) of the Act —
a
LSC or HEFCE funded training of or for teachers, lecturers, trainers or other persons who will themselves provide education or training falling within section 123(1)(a) to (g) of the Act;
b
education or training (not falling within section 123(1)(g) of the Act) provided other than in institutions within the further education sector which is suitable to the requirements of persons aged 16 or over but under 19 and funded wholly or partly by the Council .
2
In paragraph (1) “LSC or HEFCE funded training” means training funded wholly or partly by the Council or by the Higher Education Funding Council for England .
Amendment of the Education (Grants etc) (Dance and Drama) (England) Regulations 2001
4
1
The Education (Grants etc) (Dance and Drama) (England) Regulations 2001 are amended as follows.
2
For regulation 14 substitute the following —
14
Education or training in dance or drama which is provided by a relevant institution to award students is prescribed for the purposes of section 123(1)(h) of the Education and Inspections Act 2006.
Information, advice and guidance
5
The provision of information, advice or guidance falling within section 5(1)(i) of the Learning and Skills Act 2000 is to be treated as training to which Chapter 3 of the Act applies.
Publication of action plans following inspections
6
1
A statement which is required to be prepared under section 127(2) of the Act must be published in accordance with the following timescales.
2
Where the Chief Inspector finds the education or training inspected to be of a quality inadequate to meet the needs of those receiving it, the statement must be published within one month from the date on which the person making the statement receives the Chief Inspector’s report.
3
In any other case, the statement must be published within two months from the date on which the person making the statement receives the Chief Inspector’s report.
Manner of publication of action plans following inspections
7
1
A statement which is required to be prepared under section 127(2) of the Act must be published in the following manner.
2
The person making the statement must make copies of the statement available on request to any person who has an interest in the education or training inspected.
3
The person making the statement must send copies of the statement to the following —
a
the Chief Inspector;
b
the Council;
c
the Quality Improvement Agency ; and
d
any body which the person making the statement knows to be providing public funds in respect of the education or training inspected.
Publication of action plans following area inspections
8
1
A statement which is required to be prepared under section 130(2) or (3) of the Act must be published in accordance with the following timescales.
2
Where the Chief Inspector finds the education or training inspected to be inadequate, the statement must be published within one month from the date on which the person making the statement receives the Chief Inspector’s report.
3
In any other case, the statement must be published within two months from the date on which the person making the statement receives the Chief Inspector’s report.
Manner of publication of action plans following area inspections
9
1
A statement which is required to be prepared under section 130(2) or (3) must be published in the following manner.
2
The person making the statement must make copies available on request to any person who has an interest in the education or training inspected.
3
The person making the statement must send copies of the statement to the following —
a
the Chief Inspector;
b
the Quality Improvement Agency;
c
any body which the person making the statement knows to be providing public funds in respect of the education or training inspected; and
d
each provider of the education or training inspected.
Revocation
10
The Post-16 Education and Training Inspection Regulations 2001 are revoked.
Bill Rammell
Minister of State
Department for Education and Skills
20th February 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (West Midlands Operational Programme) (Implementation) Regulations 2007 and shall come into force on 31st January 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Agency ” means the Advantage West Midlands ;
“ the Commission ” means the Commission of the European Communities;
“commitment” means an agreement entered into by the Agency or a global grant body in relation to an award of assistance granted by the Fund ;
“the Council Regulation ” means Council Regulation ( EC ) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999 ;
“the Fund” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“the Fund contribution” means the contribution from the Fund made available for the Operational Programme;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operational Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“Operational Programme” means the document which —
is an “operational programme” within the meaning given by Article 2; and
sets out the development strategy to be carried out with the aid of the Fund in the West Midlands region as a contribution towards achieving the Regional competitiveness and employment objective referred to in Article 3(2);
“Schedule of Functions” means the document published by the Secretary of State on 21st December 2007 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for the West Midlands”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme ;and
“West Midlands region” means the region named “West Midlands” in Schedule 1 to the 1998 Act.
2
In these Regulations, a reference to an Article is a reference to an Article of the Council Regulation.
Designation of intermediate body
3
1
The Agency is designated as an intermediate body for the purposes of Article 59(2) to carry out the functions of the Managing Authority referred to in paragraph (2) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
2
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
General duties of intermediate body
4
The Agency shall carry out the intermediate body functions, and shall do so in accordance with all requirements and procedures specified in the documents which (consistently with the general principles laid down by Article 58) set up the system of management and control of the Operational Programme.
Power to guide and direct the Agency
5
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of the intermediate body functions as if the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority.
Statement of accounts
6
In section 14 of the 1998 Act (accounts and records), the duty in subsection (1)(b) to prepare a statement of accounts shall apply in relation to the exercise by the Agency of the intermediate body functions as if —
a
the reference to the income of the agency included a reference to the amount of any payment to the Agency of the Fund contribution; and
b
the reference to the expenditure of the agency included a reference to the expenditure by the Agency of the Fund contribution.
Global grant bodies
7
1
A designation under Article 42(1) of a global grant body shall be made by notice in writing directed to the body concerned.
2
Neither the Secretary of State nor the Managing Authority shall designate a global grant body without the consent of the body concerned and without first consulting the Agency.
3
Where any part of the Operational Programme has been entrusted to a global grant body, that body shall manage and implement that part in accordance with the provisions of the agreement that it concludes with the Secretary of State or the Managing Authority under Article 42(1).
4
The Secretary of State may at any time by notice in writing revoke the designation of a global grant body made by the Secretary of State.
5
The Managing Authority may at any time by notice in writing revoke the designation of a global grant body made by the Managing Authority.
Recovery of sums paid under a commitment
8
In any case where a sum falls to be paid to the Agency or a global grant body under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Agency or the global grant body concerned.
Provision relating to payment of the contribution from the Fund
9
1
In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to —
a
payments by the Managing Authority of the Fund contribution;
b
payments by the Agency from the Fund contribution; and
c
the certification and audit of such payments.
2
The documents referred to in paragraph (1) may include provision for —
a
payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
b
payments to global grant bodies;
c
payments pursuant to a commitment;
d
relations which the Agency has with the certifying authority and the audit authority; and
e
relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
3
The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
4
Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
5
In this regulation —
a
“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
b
“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
28th December 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Register of Occupational and Personal Pension Schemes (Amendment) Regulations 2007 and shall come into force on 4th July 2007.
2
In these Regulations —
“the principal Regulations ” mean the Register of Occupational and Personal Pension Schemes Regulations 2005 .
Amendment of the principal Regulations
2
After regulation 5 of the principal Regulations (provision of information), insert —
The Office for National Statistics - provision of information
5A
1
The Office for National Statistics —
a
shall be provided with such —
i
information recorded in the register,
ii
extracts from the register, or
iii
copies of the register or of extracts from it,
as are in its opinion necessary for the purposes of producing pension statistics; and
b
may inspect —
i
the register,
ii
extracts from the register, or
iii
copies of the register or of extracts from it,
when in its opinion, such inspection is necessary for the purposes of producing pension statistics.
2
When information is disclosed in accordance with paragraph (1), section 82(2) of the Act (restricted information – prohibition on disclosure) shall apply as if the words “and regulations made under section 61” were inserted after “and 235” in paragraph (b).
.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
7th June 2007