text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2008;
b
come into force on the day after the day on which they are made;
c
apply in England only.
Amendments to the Mutilations (Permitted Procedures) (England) Regulations 2007
2
The Mutilations (Permitted Procedures) (England) Regulations 2007 are amended as follows.
Regulation 3
3
In regulation 3 (exceptions to the prohibition on mutilations) for sub-paragraphs (c) and (d) substitute —
c
in hygienic conditions;
d
in accordance with good practice; and
e
in accordance with regulation 5 , where applicable
.
Regulation 4
4
In regulation 4(1) (performance of prohibited procedures in an emergency) omit the word “protected”.
Regulation 5
5
For regulation 5 (persons who may carry out permitted procedures) substitute —
5
1
Any procedure permitted under regulation 3 to which the Veterinary Surgeons Act 1966 or the Veterinary Surgeons (Exemptions) Order 1962 applies, with the exception of the procedures referred to in paragraph (2), may only be carried out by a person permitted to carry it out under that legislation.
2
Tail docking, or castration, of pigs may only be carried out by a veterinary surgeon or, where the animal is aged not more than 7 days, by a person experienced in performing the techniques involved and who is either a person responsible for the animal or a person employed or engaged by such a person to attend to the animal.
.
Schedule 1
6
1
The amendments to Schedule 1 (permitted procedures) are as follows.
2
In the section on birds for the list under the heading “Identification Procedures” substitute —
Micro-chipping.
Neck tagging.
Web notching.
Web tagging.
Wing tagging.
Other methods of identification involving a mutilation required by law.
.
3
In the section on sheep for the list under the heading “Procedures for the Control of Reproduction” substitute —
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Laparoscopic insemination.
Ovum transplantation, including ovum collection, by a surgical method.
Vasectomy.
.
4
In the section on goats for the list under the heading “Procedures for the Control of Reproduction” substitute —
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Laparoscopic insemination.
Ovum transplantation, including ovum collection, by a surgical method.
Vasectomy.
.
Schedule 4
7
1
The amendments to Schedule 4 (birds: requirements when carrying out certain permitted procedures) are as follows.
2
Immediately before paragraph 1 (castration) insert —
All procedures in the section on birds in Schedule 1
A1
Except in the case of beak trimming (where the provisions of paragraph 5 apply), no procedure listed in the section on birds in Schedule 1 may be performed on birds that are laying hens or that are intended to become laying hens unless they are kept on establishments with fewer than 350 such birds.
Neck tagging
A2
The procedure may only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.
Web notching
A3
The procedure may only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.
Web tagging
A4
The procedure may only be carried out on farmed birds for the purposes of breed improvement programmes or testing for the presence of disease.
The procedure may only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.
Wing tagging
A5
The procedure may only be carried out on farmed birds for the purposes of breed improvement programmes or testing for the presence of disease.
The procedure may only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.
.
3
In paragraph 5 (beak trimming of poultry) for the words “On poultry that are intended to become laying hens and which are kept on establishments with 350 or more laying hens” substitute “On poultry that are intended to become laying hens and which are kept on establishments with 350 or more such poultry or laying hens”.
Schedule 5
8
1
The amendments to schedule 5 (sheep: requirements when carrying out certain permitted procedures) are as follows.
2
After paragraph 1 (castration) insert —
Embryo collection or transfer by a surgical method
1A
An anaesthetic must be administered.
.
3
After paragraph 2 (implantation of a subcutaneous contraceptive) insert —
Laparoscopic insemination
2A
The procedure may only be carried out as part of a breed improvement programme.
An anaesthetic must be administered.
Ovum transplantation, including ovum collection, by a surgical method
2B
An anaesthetic must be administered.
.
Schedule 6
9
1
The amendments to Schedule 6 (goats: requirements when carrying out certain permitted procedures) are as follows.
2
After paragraph 1 (castration) insert —
Embryo collection or transfer by a surgical method
1A
An anaesthetic must be administered.
.
3
After paragraph 2 (implantation of a subcutaneous contraceptive) insert —
Laparoscopic insemination
2A
The procedure may only be carried out as part of a breed improvement programme.
An anaesthetic must be administered.
Ovum transplantation, including ovum collection, by a surgical method
2B
An anaesthetic must be administered.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
2nd June 2008


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A27 Trunk Road (Southerham to Beddingham Improvement) (Derestriction and Revocation) Order 2008 and shall come into force on 10th November 2008.
2
The A26 and A27 Trunk Roads (Beddingham)(40 Miles Per Hour Speed Limit) Order 2004 is hereby revoked.
3
The lengths of the A26 and A27 Trunk Roads specified in the Schedule to this Order shall cease to be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
4
In this Order:
“the A26 Trunk Road” means the A26 Trunk Road in the District of Lewes in the County of East Sussex from its junction with the A27 Trunk Road at Beddingham to Newhaven. “the A27 Trunk Road” means the A27 Trunk Road in the said District and County from west of and including Southerham roundabout to east of and including Beddingham roundabout.
Signed by authority of the Secretary of State for Transport
John Martin
Senior Project Manager
Highways Agency
27th October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 and shall come into force on 6th April 2008.
2
These Regulations apply in relation to England only.
Amendment of Regulations
2
1
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 are amended as follows.
2
After regulation 1(2)(a) (application), insert —
aa
to requests for confirmation that a condition or conditions attached to a grant of planning permission has been complied with where the request is made on or after 6th April 2008;
.
3
In regulation 10A (fees for applications for certificates of lawful use or development) —
a
in paragraph (5)(b), for “£135” substitute “£170”;
b
in paragraph (6)(a), for “£265” substitute “£335”; and
c
in paragraph (6)(b) —
i
for “£13,250” substitute “£16,565”, and
ii
for “£50,000” substitute “£250,000”.
4
In regulation 11A (fees for certain applications under the General Permitted Development Order) —
a
in paragraph (1)(a), for “£50” substitute “£70”; and
b
in paragraph (1)(b), for “£265” substitute “£335”.
5
After regulation 11B (fees in respect of the monitoring of mining and landfill sites), insert —
Fee for confirmation of compliance with condition attached to planning permission: England
11D
1
Where a request is made to a local planning authority for written confirmation of compliance with a condition or conditions attached to a grant of planning permission, a fee shall be paid to that authority as follows —
a
where the request relates to a permission for development which falls within category 6 or 7(a) of Part 2 to Schedule 1, £25 for each request;
b
where the request relates to a permission for development which falls within any other category of that Schedule, £85 for each request.
2
Any fee paid under this regulation shall be refunded if the local planning authority fails to give the written confirmation requested within a period of twelve weeks from the date on which the authority received the request.
.
6
In Part 1 of Schedule 1 (general provisions) —
a
in paragraphs 4(1) and 6(2), for “£265” substitute “£335”;
b
in paragraphs 7 and 7A, for “£135” substitute “£170”;
c
omit paragraph 7B;
d
in paragraph 15(2)(a), for “£265”, substitute “£335”;
e
in paragraph 15(2)(b)–
i
for “£6,625” substitute “£8,285”; and
ii
for “£25,000” substitute “£125,000”.
7
For Part 2 of Schedule 1 (scale of fees), substitute the Part set out in Schedule 1 to these Regulations.
8
For Schedule 2 (scale of fees for advertisement applications), substitute the Schedule set out in Schedule 2 to these Regulations.
Revocation
3
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005 are revoked.
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
2nd April 2008


text:
Citation
1
This Order may be cited as the King’s Stanley CofE Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The King’s Stanley CofE Primary School, Church Street, King’s Stanley, Stonehouse, Gloucestershire, GL10 3HZ, 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:
Citation, commencement and effect
1
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 3) Regulations 2008 and shall come into force on 1st January 2009.
2
In relation to a qualified investor scheme authorised by the Financial Services Authority before 1st January 2009, these regulations have effect subject to regulations 30 and 31.
3
Regulation 27 of these Regulations (inserted regulations 69Z24A to 69Z24D) has effect in relation to manufactured dividends paid on or after 1st January 2009.
4
Regulation 28 of these Regulations (amendment of regulation 94 of the principal Regulations ) has effect in relation to property income distributions paid on or after 1st January 2009.
Interpretation
2
In these Regulations —
“qualified investor scheme” has the same meaning as regulation 14B(4) of the principal Regulations (inserted by regulation 11 of these Regulations);
“tax year” —
in relation to income tax, means a year of assessment within the meaning of ICTA (see section 832(1) of that Act); and
in relation to capital gains tax, means a year of assessment within the meaning of TCGA 1992 (see section 288(1) of that Act);
“the principal Regulations” means the Authorised Investment Funds (Tax) Regulations 2006 .
Amendment of the principal Regulations
3
The principal Regulations are amended as follows.
Amendment of regulation 2
4
In regulation 2 (structure of Regulations), after “Part 2 deals with the tax treatment of authorised investment funds” insert —
Part 2A deals with qualified investor schemes
.
Amendment of regulation 10
5
After paragraph (3) of regulation 10 (general rule for loan relationships: exclusion of capital profits, gains or losses) insert —
4
This regulation is subject to regulation 14B (tax treatment of qualified investor schemes.
.
Amendment of regulation 11
6
After paragraph (3) of regulation 11 (general rule for derivative contracts: exclusion of capital profits, gains or losses) insert —
4
This regulation is subject to regulation 14B (tax treatment of qualified investor schemes).
.
Amendment of regulation 12
7
In paragraph (1) of regulation 12 (accounts prepared in accordance with UK generally accepted accounting practice), for sub-paragraphs (a) and (b) substitute “the heading “net capital gains/losses””.
Amendment of regulation 13
8
In paragraph (3) of regulation 13 (treatment of interest distributions for purposes of loan relationships) after “regulation 14” insert “and regulation 14B (tax treatment of qualified investor schemes)”.
Amendment of regulation 14
9
In regulation 14 (treatment of deficits on loan relationships), at the end insert “This is subject to regulation 14B (tax treatment of qualified investor schemes)”.
Insertion of regulation 14A
10
After regulation 14 (treatment of deficits on loan relationships) insert —
Authorised investment funds with limited investment powers – stamp duty reserve tax
14A
1
Where, for the relevant period —
a
an authorised investment fund is constituted as a unit trust scheme (“the scheme”); and
b
conditions A to D in this regulation are met,
paragraph 2 of Schedule 19 to the Finance Act 1999 (“ FA 1999 ”) shall not apply to a surrender to the scheme that would, but for this regulation, be taxable under Part II of that Schedule.
2
Condition A is that the scheme must be dedicated to investment in the shares of a specified open-ended investment company to which Part 4A applies (“the PAIF ”).
3
Condition B is that —
a
the trust deed of the scheme must specify that the scheme may only invest in the PAIF; and
b
the prospectus for the scheme must state that the scheme may only invest in the PAIF.
4
Condition C is when an investment in the scheme is made, the scheme must (within one working day of that investment) invest in the PAIF an amount equal to the investment.
5
Condition D is that when a withdrawal of investment from the scheme is made, the scheme must (within one working day of that withdrawal) withdraw from the PAIF an amount equal to the withdrawal.
6
For the purposes of complying with conditions C and D, an investment in the scheme may not be set off against a withdrawal from the scheme.
7
A scheme will not be dedicated to investment in the PAIF for the purpose of condition B if it has any assets other than shares in the PAIF and money.
8
In this regulation —
“relevant period” means the relevant two-week period referred to in paragraph 4(2) of Schedule 19 to FA 1999 .
“surrender” means a surrender within the meaning of paragraph 2 of Schedule 19 to FA 1999.
“working day” means a day other than —
a Saturday, Sunday, Christmas Day or Good Friday; or
a Bank Holiday in the United Kingdom under the Banking and Financial Dealings Act 1971 .
“money” includes cash held on deposit but does not include securities of any kind.
.
Insertion of Part 2A
11
After regulation 14A (authorised investment funds with limited investment powers – stamp duty reserve tax) insert the following Part —
PART 2A Qualified Investor Schemes
Tax treatment of qualified investor schemes
14B
1
The provisions in paragraph (2) shall not apply to a qualified investor scheme in relation to an accounting period of the scheme unless the genuine diversity of ownership condition (see regulation 14C) is met in relation to that accounting period.
2
The provisions referred to in paragraph (1) are —
a
the provisions of Part 2 of these Regulations,
b
the provisions of Part 4A of these Regulations,
c
where the qualified investor scheme is an authorised unit trust scheme, section 468(1A) of ICTA ,
d
where the qualified investor scheme is an open-ended investment company, section 468A(1) of ICTA ,
e
in subsection (1) of section 99 of TCGA 1992 (as modified by these Regulations) the words “except that nothing in this section” to the end of that sub-section, and
f
section 100 of TCGA 1992 .
3
Where the genuine diversity of ownership condition is not met in relation to an accounting period of the scheme —
a
section 13A of ICTA applies to the qualified investor scheme, whether or not that section would apply apart from this sub-paragraph; and
b
the total amount shown in the distribution accounts available for distribution to participants must only be shown as available for distribution in accordance with paragraph (1)(b) of regulation 17 (contents of distribution accounts).
4
In these Regulations a “qualified investor scheme” means a fund, authorised by the Financial Services Authority, in which a statement that the fund is a qualified investor scheme is included in the instrument constituting the scheme.
5
For the purposes of these Regulations, in relation to a qualified investor scheme, the “instrument constituting the scheme” means —
a
in relation to an open-ended investment company, the instrument of incorporation, and
b
in relation to an authorised unit trust scheme, the trust deed.
The genuine diversity of ownership condition
14C
1
The genuine diversity of ownership condition is that the qualified investor scheme must —
a
meet Conditions A to D throughout the accounting period; or
b
comply with paragraph (9).
2
Condition A is that the scheme documents —
a
contain a statement that units in the scheme will be widely available,
b
specify the intended categories of investor, and
c
specify that the manager of the scheme must market and make available the units in the scheme in accordance with condition C.
3
Condition B is that neither —
a
the specification of the intended categories of investor referred to in paragraph (2)(b), nor
b
any other terms or conditions governing participation in the scheme, whether or not specified in the scheme documents,
have the effect of —
i
limiting investors to a limited number of specific persons or specific groups of connected persons, or
ii
deterring a reasonable investor within the intended categories of investor from investing in the scheme.
4
Condition C is that units in the scheme must be marketed and made available —
a
sufficiently widely to reach the intended categories of investors, and
b
in a manner appropriate to attract those categories of investors.
5
Condition C is subject to paragraph (8).
6
Condition D is that a person who is within one of the categories of intended investor in the scheme which have been specified in accordance with condition A may, upon request to the manager of the scheme, obtain information about the scheme and acquire units in it.
7
Condition D is subject to paragraph (8).
8
Conditions C and D shall be treated as being met even if at the relevant time the scheme has no capacity to receive additional investments, unless —
a
the capacity of the scheme to receive investments in it is fixed by the scheme documents (or otherwise); and
b
a pre-determined number of specific persons or specific groups of connected persons make investments in the scheme which collectively exhausts all, or substantially all, of that capacity.
9
The qualified investor scheme also meets the genuine diversity of ownership condition if —
a
an investor in the scheme is a unit trust scheme (a “feeder fund”),
b
paragraphs (2) to (8) are met in relation to the qualified investor scheme after taking into account the intended investors in the feeder fund, and
c
the qualified investor scheme and the feeder fund have the same manager (or proposed manager).
10
For the purposes of this regulation —
a
sections 993 and 994 of ITA 2007 (connected persons) apply in the case of a person chargeable to income tax, and
b
section 839 of ICTA (connected persons) applies in the case of a person chargeable to corporation tax.
11
In this regulation “scheme documents” means —
a
the instrument constituting the scheme, and
b
the scheme’s prospectus in issue for the time being (including any supplements to the prospectus).
Clearance in relation to the genuine diversity of ownership condition
14D
1
An application for clearance that a qualified investor scheme meets the genuine diversity of ownership condition (see regulation 14C) may be made in writing to HM Revenue and Customs by the manager (or proposed manager) of a qualified investor scheme.
2
An application for clearance must be accompanied by the instrument constituting the scheme and its prospectus in the form in which it is proposed that those documents will apply at the beginning of the first accounting period of the scheme for which clearance is sought.
3
The Commissioners may require the manager (or proposed manager) to provide further particulars if they believe that full particulars of the scheme have not been provided.
4
The Commissioners must notify the applicant within 28 days of the receipt of the particulars (or, if paragraph (3) applies, of all further particulars required) that they —
a
give clearance that the scheme meets the genuine diversity of ownership condition;
b
give that clearance subject to conditions; or
c
refuse to give that clearance.
5
The qualified investor scheme (and investors in that scheme) may not rely on a clearance given under this regulation if —
a
at the beginning of the first accounting period of the scheme to which the clearance relates (and at the beginning of each subsequent accounting period), a relevant statement in the instrument constituting the scheme or in its prospectus in issue for the time being is not in accordance with a relevant statement in the documents considered by the Commissioners before giving clearance;
b
the scheme acts or is operated in contravention of a relevant statement in the instrument constituting the scheme or in its prospectus in issue for the time being;
c
the instrument constituting the scheme or the scheme’s prospectus in issue for the time being is materially amended; or
d
the scheme is operated otherwise than in accordance with condition C or D of the genuine diversity of ownership condition.
6
But paragraph (5)(c) does not apply if the manager of the scheme has obtained a clearance given under this regulation which applies to the amendment.
7
For the purposes of paragraph (5)(c), a material amendment is one that may reasonably be construed as causing, or likely to cause, the scheme to fail to meets the genuine diversity of ownership condition in relation to any accounting period.
Amendment of regulation 24
12
Omit the words “Chapter 4 imposes a charge to tax on substantial QIS holdings in qualified investor schemes” from regulation 24 (structure of this Part).
Amendment of regulation 48
13
1
Regulation 48 (dividend distributions: general) is amended as follows.
2
In paragraph (2), before the words “For the purpose of” insert “Subject to paragraphs (2A) and (2B),”.
3
In paragraph (2)(b) —
a
for “lower rate” substitute “basic rate”; and
b
for “year of assessment” substitute “tax year”.
4
After paragraph (2) insert —
2A
But paragraph (2) does not apply to a dividend distribution to which section 95 of ICTA or section 219(4) of FA 1994 applies.
2B
If, on the distribution date, the participant is the manager of the authorised investment fund, paragraph (2) shall not apply to the extent that the rights in respect of which the dividend distribution is made are held by him in the ordinary course of the manager’s business as manager of the fund.
5
After paragraph (3) insert —
4
This regulation does not apply in respect of a holding in a qualified investor scheme if the scheme has not met the genuine diversity of ownership condition in regulation 14C in relation to an accounting period.
Amendment of regulation 49
14
After paragraph (2) of regulation 49 (calculation of unfranked part of a dividend distribution) insert —
2A
For the purpose of calculating the value of C in paragraph (1) in relation to a distribution made by an authorised investment fund (“ AIF1 ”) to a participant, the amount of any distribution from another authorised investment fund (“ AIF2 ”) which is treated by AIF1 as an annual payment by virtue of regulation 48(2)(a), shall be treated as not deriving from franked investment income arising to AIF2.
.
Substitution of regulation 51
15
For regulation 51 substitute —
Participants chargeable to corporation tax: holdings in qualified investor schemes where scheme does not meet the genuine diversity of ownership condition
51
1
This regulation applies if —
a
a participant has a holding in a qualified investor scheme, and
b
the scheme has not met the genuine diversity of ownership condition in regulation 14B in relation to an accounting period.
2
Section 212 of TCGA 1992 (annual deemed disposal of holdings of unit trusts etc. ) does not apply to the participant in relation to that accounting period.
3
Paragraph 4 of Schedule 10 to FA 1996 (company holdings in unit trusts and offshore funds) shall not apply to the participant in relation to that accounting period.
.
Substitution of regulation 52A
16
For regulation 52A substitute —
Companies carrying on general insurance business: treatment of certain amounts of tax as foreign tax
52A
1
This regulation applies if conditions A to C are met.
2
Condition A is that —
a
an authorised investment fund makes a dividend distribution, to which regulation 48(2) applies, to a participant carrying on general insurance business, and
b
the distribution mentioned in sub-paragraph (a) falls to be brought into account as a trading receipt of that business.
3
Condition B is that there is some foreign tax suffered by the authorised investment fund in respect of which relief is given or falls to be given in accordance with any arrangements having effect by virtue of section 788 of ICTA (relief by agreement with other territories) or by way of a credit under section 790(1) of that Act (unilateral relief).
4
Condition C is that the participant —
a
owns units which represent rights to 10% or more of the net asset value of the authorised investment fund; and
b
does not own those units as a nominee or a bare trustee.
5
But, for the purposes of paragraph (4), rights in an authorised investment fund held as assets of a company’s long-term insurance fund are not treated as held by the participant.
6
For the purposes of the specified provisions, an amount equal to the participant’s portion of the foreign tax mentioned in paragraph (3) is treated as foreign tax and not as United Kingdom tax.
7
For the purposes of paragraph (6), the participant’s portion shall be determined by reference to the proportions in which participants have rights in the authorised investment fund in the distribution period in question.
8
In paragraph (6), “the specified provisions” means —
a
section 804C of ICTA (insurance companies: allocation of expenses etc in computations under Case I of Schedule D), to the extent that it applies to business of a company which is not long-term business; and
b
regulation 48.
9
In this regulation —
“general insurance business” means the business of effecting and carrying out contracts of insurance falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“long-term business” has the meaning given in section 431(2) of ICTA (interpretative provisions relating to insurance companies).
.
Omission of Chapter 4 of Part 4
17
1
Omit Chapter 4 of Part 4 (regulations 53 to 69).
2
Paragraph (1) is subject to regulations 30 and 31 of these Regulations.
Insertion of regulation 69DA
18
After regulation 69D (conditions for this Part to apply to company) insert —
Conditions for this Part to apply to a company where the company is also a qualified investor scheme
69DA
Where an open-ended investment company —
a
is also a qualified investor scheme (see regulation 14C); and
b
meets the genuine diversity of ownership condition in regulation 14B for an accounting period,
the company shall be treated as also meeting the genuine diversity of ownership condition in regulation 69J for the accounting period, even if it would not otherwise do so.
.
Amendment of regulation 69G
19
In paragraph (4)(c) of regulation 69G (property investment business: further provisions) , after “shares” insert “or units”.
Amendment of regulation 69J
20
In paragraph (5) of regulation 69J (the genuine diversity of ownership condition), for sub-paragraph (b) substitute —
b
in the case of a qualified investor scheme, a person who is within one of the categories of intended investor in the scheme which have been specified in accordance with condition A may, upon request to the manager of the scheme, obtain information about the scheme and acquire units in it.
.
Amendment of regulation 69K
21
In paragraph (4) of regulation 69K (the corporate ownership condition), for “shareholder” substitute “participant”.
Amendment of regulation 69L
22
1
Regulation 69L (the corporate ownership condition: further provisions) is amended as follows.
2
After “shares” in paragraph (2)(a) insert “as a participant”.
3
In paragraph (5) for “the trustees are treated” substitute “the unit trust scheme is treated”.
Amendment of regulation 69Z
23
In paragraph (1) of regulation 69Z (meaning of “net income”), for “net income/(expenses) before taxation” substitute “net revenue/(expense) before taxation”.
Amendment of regulation 69Z19
24
For paragraph (1) of regulation 69Z19 (PAIF distributions (interest): liability to tax of participants) substitute —
1
A PAIF distribution (interest) received by a participant in an open-ended investment company to which this Part applies shall be treated —
a
in the case of a participant within the charge to corporation tax, as if it were interest arising from a loan relationship; and
b
in the case of a participant within the charge to income tax, as if it were a payment of yearly interest falling within Chapter 2 of Part 4 of ITTOIA 2005 .
.
Amendment of regulation 69Z23
25
Regulation 69Z23 (deduction of tax from PAIF distributions (interest)) is amended as follows —
a
in paragraph (1) for “savings rate” substitute “basic rate”; and
b
omit paragraph (3).
Amendment of regulation 69Z24
26
Regulation 69Z24 (distribution payments to be made without deduction of tax) is amended as follows —
a
in paragraph (1), before the words “On making a distribution”, insert “Subject to paragraphs (3A) and (3B),”; and
b
after paragraph (3), insert —
3A
But neither condition A nor condition B is met, in relation to a unit trust scheme, where —
a
the distribution is made to the trustee of the scheme;
b
the trustee is chargeable to corporation tax or income tax on the distribution in the United Kingdom; and
c
the trustee has made a request in writing to the Property AIF that the Property AIF should deduct tax from the distribution.
3B
The Property AIF must not specify that the trustee of any unit trust scheme seeking to acquire shares in the Property AIF must have tax deducted from any distribution.
.
Insertion of regulations 69Z24A to 69Z24D
27
After regulation 69Z24 (distribution payments to be made without deduction of tax) insert —
Manufactured dividends representing property income distributions
69Z24A
1
This regulation applies to the extent that a manufactured dividend which is paid by a dividend manufacturer is representative of property income distributions to which regulation 69Z15 applies.
2
The amount of the manufactured dividend falling within paragraph (1) is referred to in this regulation as “the manufactured PID amount”.
3
The recipient of the manufactured PID amount is treated as having received a distribution to which regulation 69Z18 applies.
4
In relation to the dividend manufacturer —
a
if the dividend manufacturer is a company and the manufactured dividend is paid in the course of a trade carried on in the United Kingdom, the manufactured PID amount shall be treated as an expense of the trade;
b
if the manufactured dividend is paid in connection with investment business, the manufactured PID amount shall be treated for the purposes of section 75 of ICTA as expenses of management; and
c
in the case of a company carrying on life assurance business, so much of the manufactured PID amount as would be referable by virtue of section 432A of ICTA to basic life assurance and general annuity business if it were received by the company shall be treated for the purposes of section 76 of ICTA as if it were an expense payable falling to be brought into account at step 3 of section 76(7).
5
Regulations 69Z22, 69Z24 and 69Z29 to 69Z35 apply to the dividend manufacturer as if —
a
the dividend manufacturer were an open-ended investment company to which this Part applies; and
b
the manufactured PID amount were a distribution to which those regulations apply.
Manufactured dividends representing PAIF distributions (interest)
69Z24B
1
This regulation applies to the extent that a manufactured dividend which is paid by a dividend manufacturer is representative of a PAIF distribution (interest) to which regulation 69Z16 applies.
2
The amount of the manufactured dividend to which this regulation applies is referred to in this regulation as the “manufactured PAIF interest amount”.
3
If the recipient of the manufactured dividend is a company within the charge to corporation tax it is treated as having received, in relation to the manufactured PAIF interest amount, an amount to which section 97 of FA 1996 applies.
4
If the recipient of the manufactured dividend is within the charge to income tax it is treated as having received, in relation to the manufactured PAIF interest amount, an amount to which regulation 69Z19 applies.
5
If the dividend manufacturer is a company within the charge to corporation tax, section 97 of FA 1996 is treated as applying to the manufactured PAIF interest amount.
6
Regulations 69Z23, 69Z24 and 69Z29 to 69Z35 apply to the dividend manufacturer in relation to the manufactured PAIF interest amount as if the dividend manufacturer were an open-ended investment company to which this Part applies.
Manufactured dividends – PAIF distributions (dividends)
69Z24C
1
This regulation applies to the extent that a manufactured dividend which is paid by a dividend manufacturer is representative of a PAIF distribution (dividends) to which regulation 69Z17 applies.
2
The recipient of the manufactured dividend is treated as having received, to that extent, an amount to which regulation 69Z20 applies.
3
If the dividend manufacturer is a company, paragraph 2(2)(b) of Schedule 23A to ICTA has effect in relation to the amount of the manufactured dividend to which paragraph (1) applies.
Interpretation
69Z24D
In regulations 69Z24A to 69Z24C, “manufactured dividend” and “dividend manufacturer” have the meanings given by Schedule 23A to ICTA .
.
Amendment of regulation 94
28
After paragraph (4) of regulation 94 (modifications of ICTA ) insert —
4A
After paragraph (b) of section 432A(1ZA) of ICTA (apportionment of income and gains), there is treated as inserted —
ba
income from property income distributions to which regulation 69Z15 of the Authorised Investment Funds (Tax) Regulations 2006 apply (property income distributions by an open-ended investment company.
.
Amendments to Part 2 of the Schedule
29
In Part 2 of the Schedule (index of expressions defined or otherwise explained in these regulations) —
a
omit the entries in the index for the following expressions —
i
“Chargeable measuring date (in Chapter 4 of Part 4)”,
ii
“Difference in value (in Chapter 4 of Part 4)”,
iii
“Disposal (in Chapter 4 of Part 4)”,
iv
“Earlier measuring value (in Chapter 4 of Part 4)”,
v
“First measuring value (in Chapter 4 of Part 4)”,
vi
“Later measuring value (in Chapter 4 of Part 4)”,
vii
“Market value (in Chapter 4 of Part 4)”,
viii
“Measuring date (in Chapter 4 of Part 4)”, and
ix
“Substantial QIS holding (in Chapter 4 of Part 4)”; and
b
in the entry relating to “Qualified investor scheme”, for “53(3)” substitute “14B(4)”;
c
at the appropriate place in the Schedule, insert “instrument constituting the scheme” and “regulation 14B”.
Transitory Provision
Schemes authorised before 1st January 2009 – genuine diversity of ownership condition
30
Where a qualified investor scheme is authorised by the Financial Services Authority before 1st January 2009, the scheme shall be deemed to have met the genuine diversity of ownership condition in the inserted regulation 14C (regulation 11 of these Regulations) for the period —
a
beginning on 1st January 2009; and
b
ending on the date on which the scheme’s first accounting period beginning on or after 1st January 2009 ends.
Schemes authorised before 1st January 2009 - continuation of provisions in Chapter 4 of Part 4 of the principal Regulations
31
1
Regulations 55 (amount charged to tax under this Chapter) and 56 (measuring date and meaning of “chargeable measuring date”) of the principal Regulations continue to have effect in relation to qualified investor schemes authorised by the Financial Services Authority before 1st January 2009, with the amendments specified in this regulation.
2
For paragraph (1) of regulation 55 substitute —
1
A participant in a qualified investor scheme authorised by the Financial Services Authority before 1st January 2009 is charged to tax under Chapter 4 of Part 4 by reference to the difference in value of a substantial QIS holding between the two measuring dates specified in regulation 56 (“the difference in value”).
.
3
For paragraph (1) of regulation 56 substitute —
1
For the purposes of regulation 55 —
a
the earlier measuring date is the date that was the later measuring date on the last occasion that the value was calculated in accordance with this Chapter; and
b
the later measuring date is 31st December 2008.
.
4
For the purposes of regulations 55 and 56 (as amended by this regulation), the remaining provisions of Chapter 4 of Part 4 of the principal Regulations continue to have effect.
Signatory text
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiothoracic Centre–Liverpool National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008 and shall come into force on 1st July 2008.
2
In this Order —
“the Establishment Order ” means the Cardiothoracic Centre–Liverpool National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Liverpool Heart and Chest Hospital National Health Service Trust instead of the Cardiothoracic Centre–Liverpool National Health Service Trust.
2
Accordingly in paragraph (2) of article 1 of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Cardiothoracic Centre–Liverpool” substitute “Liverpool Heart and Chest Hospital”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1) for “5(1)(a) of the Act”, substitute “25(1) of the National Health Service Act 2006”; and
b
for paragraph (2) substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service.
.
Signed by authority of the Secretary of State
Ann Keen
Parliamentary Under Secretary of State
Department of Health
5th June 2008


text:
In accordance with paragraph 6 of that Schedule the Secretary of State has consulted with
a
the Association of Police Authorities,
b
persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,
c
in the case of regulation 6(2) the police authorities for the police areas of Devon and Cornwall, Greater Manchester, Thames Valley, Dyfed Powys and South Wales and the relevant councils in relation to those police authorities,
d
such other persons as he thought fit.
PART 1 General Provisions
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Police Authority Regulations 2008 and subject to paragraphs (2) and (3) shall come into force on 1st April 2008.
2
Regulation 4 shall come into force on 1st October 2008.
3
These Regulations shall apply only in respect of appointments of members of police authorities that take effect on or after 1st October 2008 .
2
In these Regulations
“the 1994 Regulations ” means the Police Authorities (Selection Panel) Regulations 1994
“the 1996 Act ” means the Police Act 1996
3
These Regulations extend to England and Wales.
Revocations and transitional provisions
4
The 1994 Regulations are revoked.
5
1
Persons appointed under current paragraph 2 (appointment of police authority members by relevant councils) of Schedule 2 to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 7 until the expiry of that term.
2
Persons appointed under current paragraph 5 (appointment of independent members of police authorities) of Schedule 2 to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 9 until the expiry of that term.
3
A term of office of a person appointed under current paragraph 5 of Schedule 2 to the 1996 Act shall be treated as a term of office of a person appointed under regulation 9 for the purposes of regulation 20(2).
4
Persons appointed under paragraph 1(2)(a) of Schedule 3 (police authorities: selection of independent members) to the 1996 Act shall be treated as persons appointed under regulation 32(a) until the expiry of their term of office under that Schedule.
5
The record maintained by a selection panel under regulation 7 (record maintained by the panel) of the 1994 Regulations of persons who have applied to be considered for appointment as a member of a police authority shall be treated as a record maintained under regulation 44 of these Regulations.
6
For persons appointed under these Regulations prior to 1st April 2009 regulation 19 shall apply as if for “of four years” there were substituted “expiring on 31st March 2013”.
PART 2 Members of Police Authorities
Number of Members of Police Authorities
6
1
Where, by virtue of section 4 of the 1996 Act (membership of police authorities outside Greater London), a police authority is to consist of seventeen members —
a
nine of those members shall be members of a relevant council appointed under regulation 7, and
b
eight shall be persons appointed under regulation 9.
2
The police authorities for the police areas of Devon and Cornwall, Greater Manchester, Thames Valley, Dyfed Powys and South Wales shall consist of nineteen members where
a
ten of those members shall be members of a relevant council appointed under regulation 7, and
b
nine shall be persons appointed under regulation 9.
Appointment of members by relevant councils
7
1
In the case of a police authority in relation to which there is only one relevant council, the members referred to in regulation 6(1)(a) or 6(2)(a) shall be appointed by that council.
2
In any other case, those members shall be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.
3
The number of members of the joint committee, and the number of those members to be appointed by each relevant council, shall be such as the councils may agree or, in the absence of agreement, as may be determined by the Secretary of State.
8
1
A relevant council or joint committee shall exercise its power to appoint members of a police authority under regulation 6(1)(a) or 6(2)(a) so as to ensure that, so far as practicable, in the case of the members for whose appointment it is responsible, the proportion who are members of any given party —
a
where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and
b
where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.
Appointment of independent members
9
1
The members referred to in regulation 6(1)(b) or 6(2)(b) shall be appointed —
a
by the existing members of the police authority,
b
from among persons on a short-list prepared by a selection panel in accordance with Part 3 of these Regulations.
2
Where an existing member of the police authority is on the short-list referred to in paragraph (1)(b) that person shall not be entitled to play any role in the appointment of persons from that short-list and shall not be considered to be an existing member of the police authority for the purposes of paragraph (1)(a).
10
1
Every police authority shall arrange for a notice stating —
a
the name of each of its members appointed under regulation 9,
b
such other information relating to each of such members as the police authority considers appropriate,
to be published in such manner as appears to it to be appropriate.
2
A police authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under paragraph (1).
11
At least one of the members referred to in regulation 6(1)(b) or 6(2)(b) shall be a lay justice for an area all or part of which constitutes or forms part of the police authority’s area.
Chairman and Vice Chairman
12
1
A police authority shall at each annual meeting appoint a chairman from among its members.
2
The appointment under paragraph (1) shall be the first business transacted at the meeting.
3
On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made —
a
at the next meeting of the police authority (other than an extraordinary meeting), or
b
if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.
13
1
At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
2
The making of appointments under paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.
3
Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the police authority held more than fourteen days after the occurrence of the vacancy.
4
Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before its chairman may be done by, to or before any vice-chairman of the authority.
Disqualification
14
1
Subject to sub-paragraphs (3) and (4), a person shall be disqualified from being appointed as or being a member of a police authority if —
a
he holds any paid office or employment appointments to which are or may be made or confirmed by the police authority or any committee or sub-committee of the authority, or by a joint committee on which the police authority is represented, or by any person holding any such office or employment;
b
a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;
c
he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 , to a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 , to a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or
d
he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.
2
A paid employee of a police authority who is employed under the direction of a joint board, joint authority or joint committee on which the police authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified from being appointed as or being a member of that other police authority.
3
Where a person is disqualified under paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease —
a
unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and
b
if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.
4
Where a person is disqualified under paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.
5
For the purposes of paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.
15
1
A person shall be disqualified from being appointed as a member of a police authority under regulation 9 if —
a
he has not yet attained the age of eighteen years, or
b
neither his principal or only place of work, nor his principal or only place of residence, has been in the police area of the police authority during the whole of the period of twelve months ending with the day of appointment.
2
A person shall be disqualified from being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within that area.
16
1
A person shall be disqualified from being appointed as a member of a police authority under regulation 9, and from being a member so appointed, if he is —
a
a member of the council for a county, district, county borough or London borough which is wholly or partly within the area of the police authority;
b
a member of a police force;
c
an officer or employee of a police authority; or
d
an officer or employee of a relevant council.
2
A person shall not be regarded for the purposes of paragraph (1)(d) as an employee of a relevant council by reason of his holding —
a
the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or
b
any other post as a teacher or lecturer in any such school, college, institution or establishment.
17
A member of the selection panel for the police authority’s area established under Part 3 of these Regulations shall be disqualified from being appointed as a member of a police authority under regulation 9, but a member so appointed may subsequently be appointed as a member of a selection panel under regulation 32.
Tenure of office
18
1
A member shall hold and vacate office as a member of a police authority in accordance with the terms of his appointment and these Regulations.
19
1
A person shall be appointed to hold office as a member of a police authority for —
a
a term of four years, or
b
such shorter term as the body appointing him may determine in any particular case.
20
1
Subject to paragraph (2) a person who ceases to be a member, otherwise than by virtue of regulation 24, or ceases to be chairman, may (if otherwise eligible) be re-appointed whether at the expiry of his term or subsequently.
2
Members of the police authority referred to in regulation 6(1)(b) or 6(2)(b) shall not —
a
be appointed to serve more than two terms of office without the approval of the Secretary of State;
b
be appointed to serve a further term of office until four years after the expiry of the previous term, other than when appointed to serve a further term of office on the expiry of the previous term; and
c
be appointed to serve a further term unless the selection panel established under Part 3 of these Regulations is satisfied with their performance as a member during their previous term.
21
A person may at any time resign his office as a member, or as chairman or vice –chairman, by notice in writing to the police authority.
22
A member of a relevant council appointed to be a member of a police authority under regulation 6(1)(a) or 6(2)(a) shall cease to be a member of the police authority if he ceases to be a member of the council (and does not on the same day again become a member of the council).
23
A council or joint committee may remove from office a member of a police authority appointed by it under regulation 7 with a view to appointing another in his place if it considers that to do so would further the objective provided for by regulation 8.
24
A police authority may remove a member from office by notice in writing if —
a
he has been absent from meetings of the police authority for a period longer than three consecutive months without the consent of the authority,
b
he has been convicted of a criminal offence (but is not disqualified from being a member under regulation 14),
c
the police authority is satisfied that the member is incapacitated by physical or mental illness, or
d
the police authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.
25
Where a police authority removes a member under regulation 24, it shall give notice of that fact —
a
in the case of a member appointed under regulation 7, to the body which appointed him, and
b
in the case of a member appointed under regulation 9, to the Secretary of State.
26
If a chairman or vice-chairman of a police authority ceases to be a member, he shall also cease to be chairman or vice-chairman.
Validity of acts
27
The acts and proceedings of any person appointed to be a member, chairman or vice-chairman of a police authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
28
The proceedings of a police authority shall not be invalidated by a vacancy in the membership of the police authority or in the office of chairman or vice-chairman or by any defect in the appointment of a person as a member or as chairman or vice-chairman.
Allowances
29
1
Subject to paragraphs (2) to (4), a police authority may make to its chairman, vice-chairman and other members such payments by way of reimbursement of expenses and allowances as the police authority may determine.
2
No payment shall be made under this paragraph except in accordance with arrangements published by the police authority not more than twelve months before the making of the payment.
3
A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority.
4
Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice-chairman or other member or is appointed under regulations 7 or 9.
Members of standards committees
30
Regulation 29 shall have effect in relation to a police authority as if references to members of the police authority included references to persons who are not members of the police authority but are members of the police authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the police authority but are members of the police authority’s standards committee.
PART 3 Selection of members
Selection Panels
31
There shall be a selection panel for each police authority to which these Regulations apply.
32
Each selection panel shall consist of five members,
a
three of whom shall be appointed by the members of the police authority for the area;
b
one of whom shall be appointed by the Secretary of State; and
c
one of whom shall be appointed by the members of the selection panel appointed under sub-paragraphs (a) and (b) from a list of candidates prepared by the Secretary of State.
33
1
A person shall be disqualified from being appointed as or being a member of a selection panel under regulation 32 if, by virtue of regulations 14, 15(1)(a) or 16(1)(b), (c) or (d), he is disqualified —
a
from being appointed under regulation 9 as a member of the police authority for the panel’s area, or
b
from being a member so appointed.
2
A person shall be disqualified from being appointed as or being a member of a selection panel under regulation 32 (a) if, by virtue of regulation 15(1)(b) and (2), he is disqualified —
a
from being appointed under regulation 9 as a member of the police authority for the panel’s area, or
b
from being a member so appointed.
3
Subject to paragraph (4) a person referred to in regulation 32(a) shall be appointed to hold office as a member of a selection panel for —
a
a term of five years, or
b
where that person is a member of the police authority and where that authority considers it appropriate, for a term that expires on the same day as that on which that person’s term as a member of the authority expires under regulation 19.
4
A person referred to in regulation 32(a) shall hold office for no more than ten years.
5
A person referred to in regulation 32(b) and (c) shall be appointed to hold office as a member of a selection panel for a term of five years and shall hold office for no more than two such terms.
6
A person may at any time resign his office as a member of a selection panel by notice in writing to the persons who under regulation 32 would be required to appoint his successor.
7
A person shall not cease to be a member of a police authority by reason only that any of the persons appointing him cease to hold the positions by virtue of which they appointed him.
34
1
A member of a selection panel may be removed from office by notice in writing by the police authority if —
a
the member has been absent from two consecutive meetings of the selection panel without the consent of the panel,
b
the member has been convicted of a criminal offence (but is not disqualified from being a member under regulation 33),
c
the members of the police authority are satisfied that the member is incapacitated by physical or mental illness, or
d
the members of the police authority are satisfied that the member is otherwise unable or unfit to discharge his functions as a member.
2
Where the member of the selection panel to be removed under paragraph (1) is the person referred to in regulation 32(b) that person may only be removed with the consent of the Secretary of State.
35
A person who ceases to be a member of a selection panel, otherwise than by virtue of regulation 34, may (if otherwise eligible) be re-appointed.
36
1
The acts and proceedings of any person appointed to be a member of a selection panel and acting in that office shall, notwithstanding his disqualification or want of a qualification, be as valid and effectual as if he had been qualified.
2
The proceedings of a selection panel shall not be invalidated by —
a
a vacancy in the membership of the panel, or
b
a defect in the appointment of a person as a member.
37
1
A police authority shall make to members of the selection panel for the authority’s area such payments by way of reimbursement of expenses and allowances as it may determine.
2
A police authority shall —
a
provide the selection panel for the authority’s area with such accommodation, and such secretarial and other assistance, as they may reasonable require, and
b
meet any expenses incurred by the panel in the exercise of their functions.
Functions of selection panel – short-listing
38
1
Where appointments to a police authority are to be made under regulation 9 the selection panel for the authority’s area shall nominate persons willing to be candidates for appointment.
2
Unless there are only a smaller number of persons willing to be candidates who are not disqualified from being members, the number of persons to be nominated by a selection panel under this regulation on any occasion shall be a number twice the number of appointments to be made under regulation 9.
3
Unless there are only a smaller number of lay justices willing to be candidates who are not disqualified from being members, where by virtue of regulation 11 the appointments to be made under regulation 9 must include the appointment of a person who is a lay justice then the persons to be nominated by a selection panel under this regulation on any occasion shall include two persons who are a lay justice.
4
A person shall not be nominated under this regulation in relation to a police authority if, by virtue of regulation 14, 15, 16 or 17 he is disqualified from being appointed as a member of the police authority under regulation 9.
5
The persons nominated under this regulation shall form the short-list of persons for the purposes of regulation 9.
39
In exercising their functions a selection panel shall have regard to the desirability of ensuring that, so far as reasonably practicable, the persons nominated by them under regulation 38 —
a
represent the interests of a wide range of people within the community in the police area of the police authority, and
b
include persons with skills, knowledge or experience which are under represented among the existing members of the police authority.
Notifications by Chief Executive
40
1
Not less than four months before the term of office of a police authority member appointed under regulation 9 is due to expire, the chief executive of the police authority shall notify the members of the selection panel of this fact.
2
Not less than four months before the term of office of a police authority member is due to expire, the chief executive of the authority shall notify the Secretary of State if the chief executive considers that the member may be reappointed and that reappointment would require the consent of the Secretary of State under regulation 20(2)(a).
3
Where a person appointed under regulation 9 ceases to be a police authority member otherwise than on the expiry of his term of office, the chief executive of the police authority shall notify the members of the selection panel of this fact.
Requirement to advertise
41
1
Subject to paragraph (4), where a selection panel are required to nominate persons willing to be candidates to be appointed as police authority members under regulation 9, they shall publish in at least two newspapers circulating in the police area of the police authority for which they are appointed a notice stating the matters referred to in paragraph (2).
2
The matters to be included in a notice published under paragraph (1) are —
a
the name of the police authority and police area;
b
that a vacancy exists, or will exist, amongst those members of that police authority to which members of the public are eligible for appointment;
c
the matters the panel has to have regard to under regulation 39 and the functions of the police authority to promote equality and diversity ;
d
that the persons the panel must nominate must include persons with skills, knowledge or experience which are under represented among the existing members of the police authority;
e
that the duties in connection with the vacancy include —
i
attendance at meetings of the police authority and its committees;
ii
keeping abreast of developments in both local and national policing;
iii
representing the police authority in discussions with interested parties;
iv
attendance at local police consultative groups; and
v
liaising with representatives of the local community on policing issues;
f
that persons are only eligible for appointment if they —
i
are aged over eighteen;
ii
live or work in the police area at the time of their appointment;
iii
have lived or worked in that area for at least the whole of the period of twelve months prior to their appointment, and
iv
are not otherwise disqualified;
g
that, if a person wishes to have his name put forward, he must apply to the panel for an application form; and
h
the date, not being less than one month after the date when the notice is published, by which the application form must be completed and returned to the panel if it is to be considered by them in connection with a particular vacancy.
3
Where the person the selection panel are required to nominate must be a lay justice in accordance with regulation 38(3) then the notice published under paragraph (1) shall indicate that fact.
4
This regulation shall not apply where —
a
the condition specified in paragraph (5) is satisfied, and
b
the selection panel have decided to exercise the discretion conferred on them by regulation 45(1), and
c
on completion of the procedure required by regulation 45(2), the selection panel have the names of a sufficient number of persons willing to be nominated as candidates for appointment under regulation 9 as members of the police authority.
5
The condition referred to in paragraph (4)(a) is that, at the date when the vacancy occurred or, as the case may be, is expected to occur, less than two years have passed since the date of the publication of the last notice previously published in accordance with paragraph (1).
6
In paragraph (4)(c) above “sufficient number” means a number twice the number of appointments that are to be made under regulation 9.
Applications to be considered for appointment to police authority
42
1
A member of the public who wishes to be considered for appointment under regulation 9 as a member of the police authority shall submit an application to the selection panel setting out —
a
his name and address;
b
his age;
c
his current occupation, if any, and any positions held by him up to ten years before the date of the application;
d
his relevant skills, experience and his academic, professional and vocational qualifications, if any; and
e
the reasons why he wishes to be so considered.
2
The selection panel shall supply free of charge to any person not known to be disqualified from membership a form for the purposes of an application under paragraph (1) above.
3
Together with a form supplied under paragraph (2) above there shall be supplied information about the office of police authority member including a statement setting out regulations 14, 15, 16 and 17.
Consideration of applications by panel
43
1
A selection panel shall consider any application for appointment as a police authority member which has been made under regulation 42 for the purpose of producing a short-list under regulation 38.
2
Where an application has been received at a time when no appointment under regulation 9 is required to be made, the selection panel may delay considering it until such time as the panel are required to nominate persons willing to be so appointed.
3
Subject to paragraph (5), a selection panel may only consider applications under paragraph (1) and may only nominate persons under regulation 45 if all of their members are present.
4
A decision of a selection panel to nominate a person under regulation 45 may be taken by a majority of their members.
5
A selection panel may act if four of their members are present if —
a
not less than one week’s notice was given of the meeting in question;
b
the member of the panel who is not present has died; or
c
the member of the panel who is not present has previously consented in writing to the other members acting in his absence.
Record maintained by selection panel
44
1
The members of a selection panel shall maintain a record of the persons who have applied to be considered for appointment under regulation 9 as a member of the police authority.
2
The record maintained under this regulation shall state —
a
the name and address of every applicant together with his age;
b
such details about the application as the members of the panel consider appropriate; and
c
in the case of a person who is disqualified from being appointed as a member of the police under regulation 9, the grounds of the disqualification.
3
An entry in the register maintained under this regulation may be deleted on the expiry of four years from the date when it was made.
Nominations by selection panel from names listed in record
45
1
Where —
a
a selection panel are required to nominate persons willing to be candidates to be appointed as police authority members, and
b
the condition in regulation 41(5) is satisfied,
the selection panel may consider the names of the persons previously listed in the record maintained under regulation 44, with a view to nominating persons included in that record without complying with regulation 41(1).
2
Where a selection panel propose to nominate the name of any such person they shall give that person a notice —
a
stating their proposal, and
b
requiring him to reply not later than three weeks after the date of that notice stating whether he continues to be willing to be nominated to be a candidate for appointment as a police authority member.
Tony McNulty
Minister of State
Home Office
6th March 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 8) Order 2008.
2
This Order applies in relation to England only.
3
In this Order, “the 1991 Act ” means the Water Industry Act 1991 and “ the Act ” means the Water Act 2003.
Appointed day
2
The 1st August 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 58(2) (fluoridation of water supplies) in so far as it has effect for the purpose of inserting into the 1991 Act —
i
section 87(1) of the 1991 Act for the purposes of section 89(2)(a) of that Act;
ii
section 87(3)(a)(i) in relation to the definition of “relevant authority” for the purposes of section 87(11) of the 1991 Act and section 89 of the 1991 Act in relation to the provisions of that section commenced by this Order; and
iii
section 87(11) of the 1991 Act;
b
section 58(5) in so far as it has effect for the purpose of inserting into the 1991 Act section 89(2)(a);
c
section 58(5) in so far as it relates to section 89(1), (3) and (5)(b) of the 1991 Act and in so far as it is not already in force;
d
section 58(1) in so far as it relates to provisions commenced by paragraphs (a) to (c);
e
paragraph 41 of Schedule 7 (minor and consequential amendments: miscellaneous) and section 101(1) (minor and consequential amendments and repeals) in so far as it relates to that paragraph; and
f
Schedule 9 (repeals and revocation: miscellaneous and supplementary) in so far as it relates to the repeal of paragraph 120 of Schedule 1 to the Health Authorities Act 1995 and section 101(2) in so far as it relates to that paragraph.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
17th July 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology in respect of the Third and Fourth Key Stages) (England) (Order) 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “ ICT Programme of study: key stage 3”;
b
“the Key Stage 4 Document” means the document published by the Authority on 30th August 2007 entitled “ICT Programme of study: key stage 4”;
c
“level 1 of the National Curriculum levels of attainment” is to interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Information and Communication Technology”, ISBN 0113700733; and
d
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 6(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Information and Communication Technology.
4
In relation to any pupil who starts in the fourth key stage on or after 1st August 2010, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 4 Document have effect for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Information and Communication Technology.
5
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 and Key Stage 4 Documents (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in articles 3 and 4.
Revocation and savings
6
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and programmes of study for the third and fourth key stages in relation to Information and Communication Technology.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Information and Communication Technology;
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Information and Communication Technology;
c
in relation to any pupil who starts in the fourth key stage before 1st August 2010, for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Information and Communication Technology.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008 and shall come into force on 1 st April 2008.
2
This Order applies in relation to England.
3
In this Order —
“desktop” means a personal computer, other than a laptop, including its central processing unit, screen, keyboard and mouse;
“the Information Centre” means the Health and Social Care Information Centre ;
“Smedley Hydro” means the premises at Smedley Hydro, Trafalgar Road, Southport, Merseyside PR8 2HH;
“the transfer date” means 1 st April 2008.
Transfer of staff
2
1
This article applies in relation to any person who —
a
immediately before the transfer date was an employee of the Secretary of State; and
b
immediately before 31 st March 2008 had been an employee of the Office for National Statistics working wholly or mainly in the NHS Central Register section of the Office for National Statistics at Smedley Hydro and who was notified in writing on or before 25 th February 2008 that that person was to be transferred to the Information Centre.
2
Any person to whom this article applies shall, on the transfer date, be transferred to the employment of the Information Centre.
3
The contract of employment of an employee transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
shall have effect on and after the transfer date as if originally made between that employee and the Information Centre.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the Secretary of State under, or in connection with, a contract to which that paragraph applies shall, by virtue of this article, be transferred to the Information Centre on the transfer date; and
b
anything done before that date by, or in relation to, the Secretary of State or the Office for National Statistics in respect of that contract or that employee, shall be deemed on and after the transfer date to have been done by, or in relation to, the Information Centre.
5
Paragraphs (2) to (4) are without prejudice to any right of any employee to terminate that employee’s contract of employment if a substantial and detrimental change is made to that employee’s working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
6
Paragraphs (2) to (4) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee has objected to the transfer to the Information Centre and had informed the Secretary of State of that objection by or on 31 st March 2008.
7
Where an employee has objected as mentioned in paragraph (6), that employee’s contract of employment with the Secretary of State shall be terminated immediately before the transfer date, but the employee shall not be treated, for any purpose, as having been dismissed by the Secretary of State.
Enforceability of rights and transfer of property
3
1
The property of the Secretary of State set out in the Schedule shall on the transfer date be transferred to the Information Centre.
2
Any right or liability relating to the property listed in the Schedule that was —
a
immediately before the transfer date, enforceable by or against the Secretary of State; and
b
immediately prior to the 31 st March 2008, enforceable by or against the Office for National Statistics,
shall on and after the transfer date be enforceable by or against the Information Centre.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
27th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008 and come into force on 20th January 2009.
Modification of section 150 of the Administration Act
2
1
This regulation applies where a claimant is entitled to incapacity benefit or severe disablement allowance which includes an amount under one of the provisions referred to in paragraph .
2
The provisions referred to in paragraph (1) are —
a
section 69(1) of the Contributions and Benefits Act (severe disablement allowance: age related addition);
b
regulation 10 of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit etc. ); and
c
regulation 18(1)(c) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases).
3
Where this regulation applies, section 150 of the Administration Act (annual up-rating of benefits) is to have effect as if the following were inserted after subsection (5) —
5A
The Secretary of State may, in respect of each of the tax years beginning with 2009-10 and ending with 2013-14, include in the draft of an uprating order a reduction in an amount under —
a
section 69(1) of the Contributions and Benefits Act (severe disablement allowance: age related addition);
b
regulation 10 of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit etc.); and
c
regulation 18(1)(c) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases).
.
Signed by authority of the Secretary of State for Work and Pensions.
Tony McNulty
Minister of State,
Department for Work and Pensions
18th December 2008


text:
Citation, commencement and interpretation
1
1
This Order shall be cited as the Naval Medical Compassionate Fund (Amendment) Order 2008 and shall come into force on 12th June 2008.
2
In this Order “the Standing Orders and Regulations ” means the Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund, approved by Order in Council dated 28 th July 1915 .
Amendment of the Standing Orders and Regulations
2
The Standing Orders and Regulations shall be amended as follows —
a
For Article 1, there shall be substituted the following Article —
1
There shall be one corporate trustee of the Fund.
b
For Article 2, there shall be substituted the following Article —
2
The trustee of the Fund shall be The Royal Navy and Royal Marines Charity, a registered charity with number 1117794 and a company limited by guarantee and registered at Companies House with number 6047294, which is specifically granted the power to act as trustee of charitable trusts (“the Trustee”).
c
For Article 3, there shall be substituted the following Article —
3
The management of the Fund shall be vested in the Trustee.
d
Article 4 shall be deleted.
e
For Article 5, there shall be substituted the following Article —
5
The Trustee shall appoint a management committee (“the Committee”), designated to manage the Fund, with power to advise the Trustee on matters relating to the Fund. The Committee shall, at all times, include at least one person who represents the interests of the Royal Naval Medical Service.
f
For Article 6, there shall be substituted the following Article —
6
All members of the Fund may attend the Annual General Meeting of the Fund which shall be held on a date to be announced in the Royal Naval Temporary Memorandum.
g
For Article 7, there shall be substituted the following Article —
7
The initial Fund and any further sum or assets that may have been, or may in future be, donated to the Fund shall be invested in the name of the Trustee or its nominee in such investments as the Trustee may in its absolute discretion determine as if it were absolutely entitled to the assets of the Fund.
h
For Article 8, there shall be substituted the following Article —
8
Subject to the payment of all proper outgoings the Trustee shall in each calendar year and at meetings to be held in that year on such date or dates as the Trustee shall determine, distribute among the eligible beneficiaries so much of the income (including annual subscriptions) of the Fund as the Trustee shall in its own discretion determine to be sufficient for providing assistance to such beneficiaries.
Any unspent income shall be (or shall be deemed to have been) added to the capital of the Fund and shall be invested accordingly.
i
For Article 9, there shall be substituted the following Article —
9
Medical Officers who undertake full time service in the Royal Navy may become members of the Fund, but Officers who have subscribed to the Fund while on full time service may continue as members after being placed on the Retired or Reserved Lists or after resignation of Commission.
j
For Article 10 there shall be substituted the following Article —
10
1
The Annual Subscription shall be such sum as the Trustee may decide payable on the 1st day of January each year to the Trustee or its nominee.
2
A person eligible to become or continue as a member of the Fund may pay to the Trustee or its nominee a Life Subscription. The amount to be paid by a person for a Life Subscription shall be such as may from time to time be determined by the Trustee.
3
Where a person pays a Life Subscription in accordance with paragraph (2) above, that person shall for the remainder of his or her life be deemed to be a member of the Fund.
k
For Article 11, there shall be substituted the following Article —
11
The following, if in the opinion of the Trustee in necessitous circumstances, shall be eligible for assistance from the benefits of the Fund —
a
Any orphan, surviving spouse or surviving civil partner of all persons who at the time of making this Order may have contributed to the Fund.
b
Any orphan, surviving spouse or civil partner of such persons as may hereafter become members of the Fund provided that —
i
before their death they had paid a Life Subscription, or
ii
at the date of their death their Annual Subscription was not more than 9 months in arrear.
l
For Article 12, there shall be substituted the following Article —
12
The Trustee shall be reimbursed out of the income of the Fund for all proper expenses incurred by it in performing its duties.
m
After Article 12, there shall be inserted the following Article —
13
The annual statements of account prepared in accordance with the Charities Act 1993 (as may be amended from time to time) shall be made accessible to all members of the Fund attending the annual meeting.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2008 and shall come into force on 1st July 2008.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under Secretary of State
Department for Work and Pensions
10th June 2008


text:
1
This Order may be cited as The Visiting Forces (Designation) Order 2008 and shall come into force in accordance with the provisions of Article 2.
2
1
In relation to Croatia and Jordan, this Order shall come into force the day after the date on which this Order is made.
2
In relation to Bosnia-Herzegovina, Montenegro, Serbia and Tajikistan, this Order shall come into force on whichever is the later of —
a
the date on which their Governments become parties to the Agreement, dated 19th June 1995, made between Member States of the North Atlantic Treaty Organisation and those other States which have accepted the invitation to take part in the Partnership for Peace ; or
b
the day after the date on which this Order is made.
3
In relation to Ireland, this Order shall come into force on whichever is the later of either —
a
the date on which —
i
the Agreement referred to in Article 2(4) enters into force in respect of the United Kingdom; or
ii
its Government becomes a party to the Agreement, dated 19th June 1995, made between Member States of the North Atlantic Treaty Organisation and those other States which have accepted the invitation to take part in the Partnership for Peace;
or
b
the day after the date on which this Order is made.
4
For the purposes of Article 2(3), “the Agreement” means the Agreement between the Member States of the European Union concerning the status of the military and civilian staff seconded to the military staff of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context .
3
The date on which the Order comes into force in respect of Bosnia-Herzegovina, Montenegro, Ireland, Serbia and Tajikistan shall be notified in the London, Edinburgh and Belfast Gazettes.
4
Bosnia-Herzegovina, Croatia, Ireland, Jordan, Montenegro, Serbia and Tajikistan are designated for the purposes of sections 2 to 19 of, and the Schedule to, the 1952 Act.
5
This Order shall not extend to any of the territories specified in section 15(3) of the 1952 Act .
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the St Saviour’s Catholic Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The St Saviour’s Catholic Primary School, Seacombe Drive, Great Sutton, Ellesmere Port, Cheshire, CH66 2BD, a voluntary aided 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 Roman Catholic.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2008 and shall come into force on 12th August 2008.
2
Regulation 3 has effect in relation to events occurring on and after 13th September 2007.
Amendment of the Individual Savings Account Regulations 1998 ( S.I. 1998/1870 )
2
The Individual Savings Account Regulations 1998 are amended as follows.
Insertion of regulation 5A
3
Insert the following regulation after regulation 4D —
Treatment of certain sums held in accounts managed by Northern Rock plc
5A
1
This regulation applies if —
a
at the beginning of 13th September 2007, an account investor had an investment in an account for which Northern Rock was the account manager,
b
during the period beginning on 13th September 2007 and ending on 19th September 2007, the account investor withdrew an amount (the “earlier amount”) from the account, and
c
during the period beginning on 13th September 2007 and ending on 5th April 2008, the account investor subscribed an amount (the “later amount”) to an account (whether the account manager for the account to which the later amount was subscribed was Northern Rock or some other person (the “new account manager”)).
2
If the account manager for the account mentioned in paragraph (1)(c) was the new account manager, the account investor must also give the certificate specified in paragraph (3) to the new account manager.
3
The certificate is a certificate, given by Northern Rock, containing the following information —
a
the account holder’s full name;
b
the account holder’s date of birth;
c
the account holder’s permanent address (including postcode);
d
the account holder’s national insurance number (if the account holder has one);
e
the earlier amount;
f
the date (or dates) within the period specified in paragraph (1)(b) on which the earlier amount was withdrawn.
4
The later amount does not count towards the subscription limits for the year 2007-08.
5
If a subscription was made to the account mentioned in paragraph (1)(a) before 13th September in the year 2007-08 and the earlier amount exceeds the later amount, the excess does not count towards the subscription limits for the year 2007-08.
6
The new account manager must —
a
treat the later amount in the same way as an account transferred from another account manager to the new account manager during the year 2007-08, and
b
retain either the certificate mentioned in paragraph (3) or a copy of that certificate.
7
In this regulation —
“Northern Rock” means Northern Rock plc, company registered number 3273685;
the “subscription limits” means the subscription limits in paragraphs (2) and (3)(a) of regulation 4..
.
Amendment of regulation 8
4
In regulation 8(2) (qualifying investments for a cash component) for sub-paragraph (a) substitute —
a
cash deposited in a deposit account with —
i
a building society,
ii
a credit union,
iii
a person within subsection (2)(b) of section 991 of the Income Tax Act 2007 (read with subsection (3) of that section), or
iv
a relevant European institution;
.
Amendment of regulation 23
5
In regulation 23(2)(a) (interest on cash deposits held under a stocks and shares component) for “lower rate” substitute “basic rate”.
Amendment of regulation 36
6
1
Amend regulation 36 (application of certain provisions where investor ceases to be entitled to relief from tax) as follows.
2
In paragraph (6) —
a
omit paragraphs (i) and (iii) of sub-paragraph (b),
b
omit sub-paragraph (e)(i),
c
omit sub-paragraph (f)(ii),
d
omit sub-paragraph (g),
e
in sub-paragraph (h) —
i
at the end of paragraph (ii) insert the word “and”, and
ii
omit paragraphs (iii) and (iv), and
f
omit sub-paragraph (i) and the word “and” immediately preceding it.
3
In paragraph (8) for “lower rate” substitute “basic rate”.
4
In paragraph (9)(a) for “lower rate” substitute “basic rate”.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Finance (New Parishes) (England) Regulations 2008 and shall come into force on 8th April 2008.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“billing authority” means a district council or London borough council, the Common Council or the Council of the Isles of Scilly;
“establishment order”, as respects a relevant parish council or relevant chairman, means the order under section 86 of the 2007 Act (reorganisation of community governance) which constituted the new parish for which it is the council, or in relation to which he is the chairman;
“new parish” means a parish constituted by an order under section 86 of the 2007 Act;
“prospective billing authority”, in relation to a new parish, means the billing authority within whose area the new parish is or will be situated;
“relevant parish council” means a parish council established by an order under section 86 of the 2007 Act; and
“relevant year”, in relation to a new parish, means the financial year in which the parish is constituted, or, if a separate parish council is established for the parish, the financial year in which that council is first established.
Calculation of budget requirement
3
1
This regulation applies —
a
in relation to a new parish, the prospective billing authority, the relevant year, the relevant chairman and the relevant parish council (if any); and
b
as respects the period beginning on the day after that on which the establishment order is made and ending immediately before the day on which a precept for the relevant year is issued by the relevant parish council or the relevant chairman (as the case may be).
2
Subject to paragraph (3), in making calculations in accordance with section 32 of the 1992 Act (calculation of budget requirement), originally or by way of substitute , the prospective billing authority shall anticipate a precept by taking into account for the purposes of its estimate under subsection (2)(a) of that section an amount equal to that specified in the establishment order, in relation to the relevant parish council or the relevant chairman (as the case may be), for the purposes of these Regulations.
3
For the purposes of paragraph (2), section 32 of the 1992 Act shall have effect as if subsection (6) were omitted.
4
The relevant parish council or the relevant chairman (as the case may be), shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the council or the chairman in the establishment order.
Special items
4
In relation to an amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of regulation 3(2), Chapter 3 of Part 1 of the 1992 Act (setting of council tax) shall have effect as if the amount were an item mentioned in section 35(1) of the 1992 Act (special items for purposes of section 34) which related to a part of the area of the prospective billing authority.
Issue of precepts
5
1
This regulation applies in relation to a relevant parish council or a relevant chairman (as the case may be), and the relevant year.
2
Section 41(4) of the 1992 Act (issue of precepts by local precepting authorities) shall have effect as if for “March in the financial year preceding that for which it is issued” there were substituted “October in the financial year for which it is issued”.
3
The reference in section 42(2) to section 41 shall have effect as if it were a reference to section 41 as modified by paragraph (2).
4
Regulation 3 of the Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995 shall have effect as if the amount to be paid by the prospective billing authority to the relevant parish council or the relevant chairman which issued the precept were a sum equal to the amount of the precept issued (or last issued) by it.
Limitation of council tax and precepts
6
In relation to a prospective billing authority, a new parish and the relevant year, the references in sections 52X(1) (calculations to be net of precepts) and 52Y(2) (information for purposes of Chapter 4A) of the 1992 Act to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 shall have effect as if the aggregate amount included the amount specified in the establishment order in relation to the relevant parish council or the relevant chairman (as the case may be).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
3rd March 2008