text:
Citation and commencement
1
These Regulations may be cited as the Venture Capital Trust (Amendment) Regulations 2008 and shall come into force on 1st September 2008.
Amendments to the Venture Capital Trust Regulations 1995
2
The Venture Capital Trust Regulations 1995 are amended as follows.
Amendments to regulation 2
3
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “accounting date” at the end add “of the Income and Corporation Taxes Act 1988”;
b
in the definition of “the Board” for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”;
c
in the definition of “eligible shares” for “paragraph 6(1) of Schedule 15B” substitute “section 273(1)”;
d
in the definition of “full approval” for “subsection (2) of section 842AA” substitute “section 274”;
e
omit the definition of “the Management Act”;
f
in the definition of “period of account” for “834(1)” substitute “989”;
g
in the definition of “provisional approval” for “subsection (4) of section 842AA” substitute “section 275(2)”;
h
in the definition of “qualifying holding” for “Schedule 28B” substitute “Chapter 4 of Part 6”;
i
in the definition of “trust company” for “842AA” substitute “259(1)”; and
j
at the appropriate places, insert —
“accounting period” shall be construed in accordance with section 12 of the Income and Corporation Taxes Act 1988;
,
“director” means a person appointed as a director of the trust company;
, and
“ VCT approval” has the meaning it has in section 259(2);
.
3
For paragraph (2) substitute —
2
In these Regulations, a reference to a “section” or “Part” without more is a reference to a section or Part of the Income Tax Act 2007 .
.
Amendment to heading to Part II
4
In the heading to Part II for “section 842AA” substitute “Part 6”.
Amendments to regulation 3
5
In regulation 3 (applications for approval) —
a
in paragraphs (1) and (5) for “section 842AA” substitute “Part 6”; and
b
in paragraph (4)(a) for “subsection (4) of section 842AA” substitute “section 275(3)”.
Amendments to regulation 4
6
In regulation 4 (approval of a company) —
a
in paragraph (1) for “section 842AA” substitute “Part 6”; and
b
in paragraph (3) for “subsection (4) of section 842AA” substitute “section 274”.
Amendment to regulation 5
7
In paragraph (1) of regulation 5 (refusal of approval of a company) for “section 842AA” substitute “Part 6”.
Amendment to regulation 6
8
In paragraph (1) of regulation 6 (withdrawal of approval of a company) for “section 842AA” substitute “Part 6”.
Amendments to regulation 8
9
For regulation 8 (breach of conditions for approval) substitute —
Notification of breach of conditions for approval
8
1
Where a trust company has been given full approval and —
a
any condition specified in section 274 has ceased to be met or is broken, or
b
the company considers that it is likely that any such condition will cease to be met or will be broken,
the company shall as soon as reasonably possible give notice in writing to the Board of that fact.
2
Where a trust company has been given provisional approval and —
a
either —
i
any condition specified in section 274 has not been met in relation to the period specified in section 275(3) in respect of that condition, or
ii
the company considers that it is likely that any such condition will not be met in relation to the period so specified;
b
any condition included in a notice giving provisional approval and given under regulation 4(3) has not been met or has been broken, or the company considers that it is likely that any such condition will not be met or will be broken; or
c
after meeting the conditions specified in section 274 within the periods specified in section 275(3) any condition has ceased to be met, or the company considers that it is likely that any such condition will cease to be met or will be broken;
the company shall as soon as reasonably possible give notice in writing to the Board of that fact.
3
A notice required under this regulation to be given by a company must —
a
specify the circumstances that caused or are likely to cause any condition to cease to be met or to be broken or not met,
b
so far as possible, state the extent to which any condition —
i
has ceased or will cease to be met, or
ii
has been or will be broken or not met, and
c
where the company considers that any condition is likely to cease to be met or to be broken or not met by or on a date occurring after the date of the notice, specify (if possible) that future date.
4
A notice required under this regulation must be signed by the secretary or a director of the company.
5
Paragraph (6) below applies if a company has given notice under this regulation in respect of circumstances that are likely to cause any condition to cease to be met or to be broken or not met (“the notified circumstances”).
6
If this paragraph applies, no further notice under this regulation is required in relation to the notified circumstances where any condition ceases to be met or is broken or not met in, or as a result of, the notified circumstances.
7
Paragraph (6) above does not prevent a company giving a further notice under this regulation in respect of the notified circumstances for the purpose of enabling an application under regulation 8A(1) to be made.
Breach of conditions for VCT approval: applications for approval to continue
8A
1
If a trust company has not met or is likely not to meet the conditions for its VCT approval to continue in force in, or as a result of, the circumstances notified under regulation 8 it may apply in writing to the Board for a determination that the Board will not exercise their power conferred by section 281(1) to withdraw the company’s VCT approval. This is subject to paragraph (3) below.
2
An application under paragraph (1) above —
a
may only be made by being included in or with a notice under regulation 8;
b
must specify the measures, if any, the company has taken or intends to take to rectify or avoid the failure or likely failure to meet the conditions for its VCT approval to continue in force; and
c
must specify —
i
the date on which the failure to meet the conditions for its VCT approval to continue in force was rectified, or
ii
the date by which it expects to meet the conditions for its VCT approval to continue in force where the conditions are not met at the time of the application or will cease to be met after the time of the application.
3
In a case where a company considers that it is likely not to meet the conditions for its VCT approval to continue in force, an application under paragraph (1) above may only be made if the likely failure to meet the conditions is expected to arise or occur within the period of 90 days commencing on the date on which notice under regulation 8 is given by the company.
Rectifying a breach of a condition required to be met throughout a period
8B
1
This regulation applies where —
a
a condition for a trust company’s VCT approval to continue in force must be met throughout, or satisfied at all times during, a relevant period,
b
the condition has not been so met or satisfied, and
c
after the failure to so meet or satisfy the condition, the circumstances of the company become such that were they to exist, or had they existed, throughout the relevant period, the condition would be or would have been, so met or satisfied.
2
The failure to meet or satisfy the condition is to be treated for the purposes of this Part of these Regulations as having been rectified on the date when the circumstances of the company became such as are mentioned in paragraph (1)(c) above.
3
In this regulation a reference to “a relevant period”, in relation to a condition, means —
a
where the company has been given full approval, the relevant period as defined by section 274(2) in relation to the condition,
b
where the company has been given provisional approval, the relevant period as defined by section 275(3) in relation to the condition, or
c
where the condition is included in a notice giving provisional approval and given under regulation 4(3), the period specified in the notice in relation to the condition.
Determination of applications: breach of conditions rectified at time of application
8C
1
This regulation applies where —
a
an application under regulation 8A(1) is in respect of the trust company’s failure to meet the conditions for its VCT approval to continue in force, and
b
the failure has been rectified at the date of the application.
2
Where this regulation applies, the Board shall determine that they will not exercise their power under section 281(1) (power to withdraw VCT approval of a company) if the Board are satisfied that —
a
the failure was as a result of circumstances outside the control of the company,
b
those circumstances prevented the company from meeting the conditions for its VCT approval to continue in force,
c
the company took all reasonable measures to continue to meet the conditions for its VCT approval to continue in force, and
d
the failure was —
i
rectified by the company as soon as reasonably possible after the circumstances causing the failure arose, or
ii
rectified notwithstanding that no measures could be taken by the company to rectify it.
This is subject to regulation 8E (circumstances within the control of the company: investment managers).
Determination of applications: breach of conditions not rectified at time of application
8D
1
This regulation applies where —
a
an application under regulation 8A(1) is in respect of the trust company’s failure to meet the conditions for its VCT approval to continue in force, and
b
the failure has not been rectified at the date of the application or the failure is likely to occur after the date of the application.
2
Where this regulation applies, the Board shall determine that they will not exercise their power under section 281(1) (power to withdraw VCT approval of a company) if they are satisfied that —
a
the failure is or will be as a result of circumstances outside the control of the company,
b
those circumstances prevent or will prevent the company from meeting the conditions for its VCT approval to continue,
c
the company took and will take all reasonable measures to rectify or avoid the failure to meet the conditions for its VCT approval to continue, and
d
either —
i
measures were taken or will be taken to rectify or avoid the failure as soon as possible and in any event within a reasonable period from the date of the application, or
ii
where no measures to rectify or avoid the failure can be taken, the failure will nevertheless become rectified or be avoided within a reasonable period from the date of the application.
This is subject to regulation 8E.
Circumstances within the control of the company: investment managers
8E
1
For the purposes of regulations 8C and 8D, circumstances within the control of any investment manager of a company are to be treated as being within the control of the company.
2
In paragraph (1) above “investment manager”, in relation to a company, means a person appointed by, or acting for or on behalf of, the company who —
a
manages investments in an account or portfolio on a discretionary basis under the terms of an agreement with the company which confers discretionary management of those investments on that person, or
b
manages investments in an account or portfolio without exercising any discretion in relation to those investments under the terms of an agreement with the company.
Determinations: supplemental provisions
8F
1
A determination under regulation 8C(2) or 8D(2) shall be given by notice in writing to the company which applied for it.
2
Where the Board make a determination under regulation 8D(2), the determination shall have effect for the period of 90 days commencing on the date on which they give notice to the company of it.
3
A company given notice of a determination under regulation 8D(2) must give written notice to the Board when the failure or likely failure has been rectified or avoided.
4
A notice under paragraph (3) above must —
a
confirm that the failure or likely failure has been rectified or avoided,
b
specify the date on which the failure or likely failure was rectified or avoided, and
c
be given within 14 days of the date on which the failure or likely failure is rectified or avoided.
Determination in force: further circumstances causing breach of conditions
8G
1
This regulation applies where —
a
the Board have made a determination under regulation 8D(2), and
b
during the period in which that determination has effect further circumstances arise or occur which —
i
have caused, cause or are likely to cause the company to fail to meet or to cease to meet any condition (including a condition imposed under regulation 4(3)) for its VCT approval to continue in force, or
ii
in relation to a condition to which the determination relates, have caused, cause or are likely to cause that condition to be broken further or to increase the extent of the failure to meet the condition by the company.
2
In relation to the further circumstances referred to in paragraph (1)(b) above, the company —
a
must give notice in accordance with regulation 8, and
b
may make an application in accordance with regulation 8A(1).
Further determinations in respect of same application
8H
After the expiry of a determination made under regulation 8D(2), the Board may make a further determination under that regulation in respect of the same application if —
a
the company requests in writing that a further determination be made in respect of that application,
b
a return made in accordance with regulation 8I accompanies the request for the further determination, and
c
the Board continue to be satisfied in relation to the matters specified in regulation 8D(2).
Monitoring of breach of conditions: returns
8I
1
If a company requests under regulation 8H that a further determination be made in respect of an application under regulation 8A(1) a return must be made by the company in accordance with this regulation and must be included in or with that request.
2
A return under this regulation must be made —
a
in relation to a first request under regulation 8H, in respect of the period from the date of the application under regulation 8A(1) to the date on which the first determination under regulation 8D(2) ceases to have effect, and
b
in relation to a subsequent request under regulation 8H, in respect of the period commencing on the day after the end of the period to which the last return under this regulation relates and ending on the date on which the most recent determination under regulation 8D(2) ceases to have effect.
This is subject to paragraph (5) below.
3
The return must —
a
so far as is possible, state the extent to which the conditions for the company’s VCT approval to continue in force —
i
have ceased or will cease to be met, or
ii
have been or will be broken or not met,
b
specify what measures, if any, have been taken during that period to rectify or avoid the failure, or the likely failure, to meet the conditions for the company’s VCT approval to continue in force,
c
specify any alterations to the measures specified in the application made under regulation 8A(1), or in the last return under this regulation if later, that the company intends to take to rectify or avoid the failure, or likely failure, to meet the conditions for its VCT approval to continue,
d
specify the date by which the company expects to meet the conditions for its VCT approval to continue, and
e
be signed by the secretary or a director of the company.
4
A return under this regulation must be made within 7 days after the date on which the period to which it relates ends.
5
If more than one determination of the Board is in effect at the same time in relation to the same company, the Board may direct that one return applicable to those determinations is made in relation to a specified period.
6
A return under this regulation shall be in such form as the Board may specify or authorise.
Withdrawal of VCT approval where determination has been made
8J
1
A determination under regulation 8C(2) or 8D(2) shall not prevent the Board from exercising their power under section 281(1) to withdraw the company’s VCT approval where they have grounds for doing so in relation to other circumstances not the subject of an application under regulation 8A(1) to which the determination relates.
2
A determination under regulation 8D(2) shall not prevent the Board from exercising their power under section 281(1) to withdraw the company’s VCT approval where the failure or likely failure to which the determination relates has not been rectified or avoided within a reasonable period from the date of the application to which the determination relates.
.
Amendments to regulation 9
10
In regulation 9 (certificate to be given to investor) —
a
in paragraph (3)(b) for “paragraph 1(9) of Schedule 15B” substitute “section 261(3)”; and
b
in paragraph (3)(c) —
i
for “Part I of Schedule 15B” substitute “Chapter 2 of Part 6”, and
ii
for “paragraph 2 of that Schedule” substitute “section 264”.
Amendments to regulation 22
11
In regulation 22 (return containing particulars of investments) —
a
in paragraph (2)(b) and (c), (3)(b) and (5)(c) for “section 842AA” substitute “Part 6”;
b
in paragraph (4)(a), (b)(ii) and (e)(iv) for “subsections (5) and (11) of section 842AA” substitute “section 278”;
c
in paragraph (5) —
i
in sub-paragraph (a) for “subsection (2) of section 842AA” substitute “section 274”; and
ii
in sub-paragraph (b) for “subsection (4) of section 842AA” substitute “section 274”.
Amendments to regulation 23
12
In regulation 23 (records to be kept by trust company) —
a
in paragraph (1) for “section 842AA, Schedule 15B” substitute “Part 6”, and
b
in paragraph (2)(a) for “section 842AA” substitute “Part 6”.
Amendments to regulation 24
13
In paragraph (1) of regulation 24 (information to be provided to the Board) for “section 842AA, Schedule 15B” substitute “Part 6”.
Amendments to regulation 25
14
In paragraph (1) of regulation 25 (inspection of records by officer of the Board) for “section 842AA, Schedule 15B” substitute “Part 6”.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Community Emissions Trading Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2008 and come into force on 12th August 2008.
2
In these Regulations the “ principal Regulations ” means the Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2008 .
Amendment of the Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2008
3
The principal Regulations are amended as follows.
4
1
Regulation 2 (interpretation) of the principal Regulations is amended as follows.
2
After the definition of “bid” insert:
“bid instruction” means information (in any form) comprising —
the number of allowances which an account holder wishes to acquire in an auction,
the price which an account holder is willing to pay for those allowances, and
the identity of that account holder,
but which has not been submitted as a bid.
“confidential information” means —
the contents of a bid,
the contents of a bid instruction,
information which discloses or from which can be deduced either —
the number of allowances which an account holder wishes to acquire in an auction; or
the price which an account holder is willing to pay for those allowances,
and the identity of that account holder;
information about or derived from a bid instruction or bid instructions or a bid or bids or any of them together which would be likely to —
give an indication as to the demand for allowances at any auction,
give an indication as to the auction clearing price at any auction, or
have an effect on the auction clearing price at any auction.
5
Regulation 7 (allocation following review) of the principal Regulations is amended as follows.
1
For paragraph (1) substitute the following —
1
Where following an auction an account holder requests a review —
a
under regulation 13 and the decision of the Treasury in respect of that review is to allocate allowances to an account holder,
b
of a specified decision under the Scheme and the decision of the person conducting an auction in respect of that review is to allocate allowances to an account holder,
the account holder must pay the auction clearing price for those allowances.
2
At the end of paragraph (2) add “or by the person conducting the auction.”
3
In paragraph (4) —
a
after “the Environment Agency must transfer” omit “the number of allowances”,
b
after “Party holding account to the”, omit “account holder’s”,
c
after “nominated holding account” omit “as is specified by the Treasury in their decision under regulation 13” and add “the number of allowances allocated following the review”.
4
In paragraphs (5) and (6) after “and the Treasury” insert “or the person conducting the auction”.
5
After paragraph (6) add “(7) In paragraph (1) “specified decision” means such decision of the person conducting the auction as is specified in the Scheme”.
6
After regulation 9 (transfer of excess allowances) of the principal Regulations insert —
Wrongful disclosure
9A
1
Confidential information must not be disclosed by any person who obtained that information, whether directly or indirectly, from an account holder except in accordance with paragraph (2).
2
Paragraph (1) does not prevent the disclosure of confidential information which —
a
has already lawfully been made available to the public;
b
is made with the written consent of the account holder;
c
is required by a Community obligation;
d
is made in pursuance of an order of the court;
e
is made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom);
f
is disclosed to the Treasury or the person conducting the auction for the purpose of enabling or assisting the Treasury or the person conducting an auction to carry out their functions;
g
is disclosed to the Environment Agency for the purpose of enabling or assisting the Environment Agency to carry out its functions under these Regulations and the Scheme;
h
is required by an independent observer appointed by the Treasury for the purpose of enabling the independent observer to carry out the functions of the independent observer under these Regulations;
i
is required by an independent person appointed by the Treasury as part of their determination of a review under these Regulations for the purpose of enabling that independent person to carry out his functions under these Regulations;
j
is made after the end of a period of twenty years starting from the date of the opening of the bidding window of the auction in which the confidential information is first disclosed.
3
In this regulation “bidding window” has the same meaning as in regulation 4.
Offence
9B
Any person who contravenes regulation 9A is guilty of an offence.
Defences
9C
1
It is a defence for a person charged with an offence under regulation 9B of disclosing confidential information to prove that the person —
a
reasonably believed that the disclosure was lawful, or
b
took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Penalties
9D
1
A person guilty of an offence under regulation 9B shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
Where a body corporate or a limited liability partnership is guilty of an offence under regulation 9B and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary, or other similar officer of the body corporate, or
b
any member of the limited liability partnership, or
c
any person who was purporting to act in any such capacity as in (a) or (b),
that person, as well as the body corporate or limited liability partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence under regulation 9B is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
5
Proceedings for an offence under regulation 9B —
a
may not be instituted in England and Wales without the consent of the Director of Public Prosecutions,
b
may not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008 and come into force on 4th August 2008.
2
In these Regulations —
“parent” includes any person who has parental responsibility for a child or has care of a child;
“relevant local authority”, in relation to early years provision, means the English local authority for the area in which the provision is provided.
PART 2 Exemptions in respect of early years providers
Power of the Secretary of State to confer exemptions
2
The Secretary of State may direct, in respect of a particular early years provider, that the learning and development requirements apply with modifications, or do not apply —
a
in the circumstances prescribed in regulation 3, and to the extent prescribed in regulation 4; or
b
in the circumstances prescribed in regulation 5, and to the extent prescribed in regulation 6.
Prescribed circumstances relating to principles governing the early years provision
3
The circumstances referred to in regulation 2(a) are that —
a
the early years provider has requested a direction under regulation 2;
b
the majority of the parents of children for whom the early years provision is provided agree that the direction should be requested;
c
the early years provider is unable to secure that the early years provision meets one or more of the learning and development requirements because the early years provision is governed by established principles relating to the learning and development of young children which cannot be reconciled with those learning and development requirements; and
d
the early years provider has sought the views of the relevant local authority as to whether the direction should be requested.
Extent of a direction: principles governing the early years provision
4
1
A direction made under regulation 2(a) may provide that —
a
an educational programme applies with such modifications as are specified in the direction; and
b
an early learning goal or an assessment arrangement —
i
applies with such modifications as are specified in the direction, or
ii
does not apply.
2
A direction made under regulation 2(a) must specify —
a
that the date of the request referred to in regulation 3(a) is the date on which the exemption provided for in the direction takes effect; and
b
the period (not exceeding 2 years) during which that exemption has effect.
Prescribed circumstances relating to temporary inability to deliver the learning and development requirements
5
The circumstances referred to in regulation 2(b) are that —
a
the early years provider has requested a direction under regulation 2;
b
the early years provider is, or will be, temporarily unable to secure, from a particular day (“the relevant day”), that the early years provision meets one or more of the learning and development requirements;
c
it appears to the Secretary of State that the early years provider will be able to secure that the early years provision meets the learning and development requirements within a period of twelve months beginning with the relevant day; and
d
the early years provider has sought the views of —
i
the parents of children for whom the early years provision is provided, and
ii
the relevant local authority,
as to whether the direction should be requested.
Extent of a direction: temporary inability to deliver the learning and development requirements
6
1
A direction made under regulation 2(b) may provide that any educational programme, early learning goal or assessment arrangement —
a
applies with such modifications as are specified in the direction; or
b
does not apply.
2
A direction made under regulation 2(b) must specify —
a
that the date of the request referred to in regulation 5(a) is the date on which the exemption provided for in the direction takes effect; and
b
the period (not exceeding 12 months) during which that exemption has effect.
PART 3 Exemptions in respect of individual children
Power of early years provider to confer exemptions
7
An early years provider may determine, in respect of a particular young child, that the learning and development requirements apply with modifications, or do not apply, in the circumstances prescribed in regulation 8, and to the extent prescribed in regulation 9.
Prescribed circumstances for a determination by an early years provider
8
The circumstances referred to in regulation 7 are that —
a
the early years provider has received a written request for a determination from a parent of the child;
b
the application specifies any early learning goal, educational programme or assessment arrangement that should apply with modifications, or that should not apply, in respect of that child, and the reasons why;
c
the early years provider is satisfied that the parent of the child has religious or philosophical convictions which cannot be reconciled with one or more of the learning and development requirements; and
d
the early years provider has sought the views of the relevant local authority as to whether the determination should be made.
Extent of a determination by an early years provider
9
1
A determination made under regulation 7 may provide that —
a
an educational programme applies with such modifications as are specified in the determination; and
b
an early learning goal or an assessment arrangement —
i
applies with such modifications as are specified in the determination, or
ii
does not apply.
2
A determination under regulation 7 must specify —
a
that the date of the request referred to in regulation 8(a) is the date from which the exemption provided for in the determination takes effect; and
b
the period (not exceeding 12 months) during which that exemption has effect.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
2nd July 2008


text:
Title, application, commencement and duration
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2008, apply in relation to England only, come into force on 31st March 2008 and cease to have effect at the end of 2009 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“agreed slaughterhouse staff costs” means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered -
the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers’ pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse may agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus
25% of that sum;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;
“employers’ National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;
“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official controls” means the controls performed by the Agency under Regulation 854/2004 —
at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game or as the case may be meat of wild game; and
at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as they apply in relation to animals slaughtered for human consumption there;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“operator” means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment or cutting plant;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“verification” means checking, by examination and provision of objective evidence; and
“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.
2
In these Regulations, any reference to a Community instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.
6
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of official controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.
Information
5
1
Any person shall, on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any person who —
a
without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1); or
b
in purported compliance with paragraph (1), knowingly or recklessly supplies information or evidence that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Official Controls Charges) (England) (No.2) Regulations 2007 are revoked.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
20th February 2008


text:
Title, application and interpretation
1
1
The title of this Order is the Childcare Act 2006 (Commencement No.1) (Wales) Order 2008.
2
This Order applies in relation to Wales.
3
In this Order “the Act” (“ y Ddeddf ”) means the Childcare Act 2006.
Commencement
2
The following provisions of the Act come into force on 31 January 2008: —
a
Sections 22 to 29, in relation to the general functions of Local Authorities in Wales;
b
Section 30 (interpretation of Part 2);
c
Section 101 (provision of information about children: Wales);
d
Section 102 (disqualification for registration under the Children Act 1989).
3
The following provisions of the Act come into force on 1 April 2008: —
a
Section 103(1) to the extent that it relates to the provisions of paragraph 28 of Schedule 2 specified in Article 3(b) below;
b
Paragraph 28 of Schedule 2.
Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers
8 January 2008


text:
This Order may be cited as the General Medical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules Order of Council 2008 and shall come into force on 31st May 2008.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (virt-x Exchange Limited) (Amendment) Regulations 2008 and shall come into force on 18th April 2008.
Amendment of the Stamp Duty Reserve Tax (virt-x Exchange Limited) Regulations 1995
2
1
Amend the Stamp Duty Reserve Tax (virt-x Exchange Limited) Regulations 1995 as follows.
2
In regulation 1 for “virt-x Exchange Limited” substitute “SWX Europe Limited”.
3
In regulation 2 , in the definitions of “Board of directors”, “the Exchange” and “member” for “virt-x Exchange Limited” substitute “SWX Europe Limited”.
4
In regulation 3(b) for “virt-x Exchange Limited” substitute “SWX Europe Limited”.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
27th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
Amendment of the Taxes (Interest Rate) Regulations 1989
2
In the Taxes (Interest Rate) Regulations 1989 , in regulation 3AB(3) —
a
in the specified formula for “LR” substitute “BR”, and
b
for “LR is the percentage at which income tax at the lower rate” substitute “BR is the percentage at which income tax at the basic rate”.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 and comes into force on 1 st October 2008.
2
The amendment or modification of any provision by this Order has the same extent and application as the provision being amended or modified.
3
In this Order, “ the Act ” means the Health and Social Care Act 2008.
Consequential amendments
2
1
The enactments listed in this article are amended as there specified.
2
In regulation 1 of the National Institute for Clinical Excellence Regulations 1999 (citation, commencement and interpretation), in paragraph (2), in the definition of “health service body” which applies in relation to England —
a
at the end of paragraph (m) omit “and”; and
b
after paragraph (n) add —
and
o
the Care Quality Commission;
.
3
In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc ) (Modification) Order 1999 (employment to which this order applies: employers immediately before the relevant event), in Section 10 (miscellaneous bodies), after paragraph 6A insert —
6AA
The Care Quality Commission.
.
4
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 are amended as follows.
a
In regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of “health service body”, after paragraph (h) add —
i
the Care Quality Commission;
.
b
In regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (1) —
i
in sub-paragraph (d) for the words “subject to sub-paragraph (dza),” substitute —
subject to sub-paragraphs (dza) and (dzb),
; and
ii
after sub-paragraph (dza) insert —
dzb
he is a person who was removed from office as the chairman or as a member of the Care Quality Commission because the Secretary of State was satisfied that one of the conditions specified in paragraph 3(3)(a) or (b) of Schedule 1 to the Health and Social Care Act 2008 was satisfied in relation to him;
.
5
In regulation 1 of the NHS Professionals Special Health Authority Regulations 2003 (citation, commencement, application and interpretation), in paragraph (3), in the definition of “health service body” —
a
at the end of paragraph (j) omit “and”; and
b
after paragraph (k) add —
and
l
the Care Quality Commission;
.
6
In regulation 1 of the Health Protection Agency Regulations 2005 (citation, commencement and interpretation), in paragraph (3), in the definition of “health service body” —
a
at the end of paragraph (s) omit “and”; and
b
after paragraph (t) add —
and
u
the Care Quality Commission;
.
7
In regulation 1 of the NHS Institute for Innovation and Improvement Regulations 2005 (citation, commencement, application and interpretation), in paragraph (3), in the definition of “health service body” —
a
at the end of paragraph (j) omit “and”; and
b
after paragraph (k) add —
and
l
the Care Quality Commission;
.
8
In regulation 1 of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 (citation, commencement, and interpretation), in paragraph (2), in the definition of “health service body” —
a
at the end of paragraph (j) omit “and”; and
b
after paragraph (k) add —
and
l
the Care Quality Commission;
.
9
In regulation 1 of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005 (citation, commencement and interpretation), in paragraph (2), in the definition of “health service body” —
a
at the end of paragraph (j) omit “and”; and
b
after paragraph (k) add —
and
l
the Care Quality Commission;
.
10
In regulation 1 of the Appointments Commission Regulations 2006 (citation, commencement and interpretation), in paragraph (2), in the definition of “health service body” —
a
at the end of paragraph (o) omit “or”; and
b
after paragraph (p) add —
or
q
the Care Quality Commission;
.
11
In the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (offices disqualifying holders from membership of the National Assembly), in Part 1 (bodies of which all members are disqualified), after the entry relating to the Care Council for Wales insert —
Care Quality Commission;
.
Transitory provisions
3
1
The enactments listed in this article are modified as there specified.
2
Until the coming into force of paragraph 53 of Schedule 5 to the Act, Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s Chief Inspector of Prisons) is modified as follows —
a
in paragraph 2(2), after paragraph (e) insert —
ea
the Care Quality Commission,
; and
b
in paragraph 3(2), after paragraph (b) insert —
ba
the Care Quality Commission,
.
3
Until the coming into force of paragraph 60 of Schedule 5 to the Act, section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown” includes certain bodies with health-related functions) is modified by inserting “the Care Quality Commission,” after the words “section 18 of the National Health Service Act 2006,”.
4
Until the coming into force of paragraph 63 of Schedule 5 to the Act, Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s Inspectors of Constabulary) is modified as follows —
a
in paragraph 2(2), after paragraph (e) insert —
ea
the Care Quality Commission,
;
b
in paragraph 3(2), after paragraph (c) insert —
ca
the Care Quality Commission;
; and
c
in paragraph 4, after paragraph (e) insert —
ea
the Care Quality Commission,
.
5
Until the coming into force of paragraph 66(2) and (3) of Schedule 5 to the Act, in section 33 of the Audit Commission Act 1998 (studies for improving economy etc in services) , subsection (6) is modified as follows —
a
in paragraph (c), after the word “consult” insert “the Care Quality Commission,”; and
b
in paragraph (d), after the word “consult” insert “the Care Quality Commission and”.
6
Until the coming into force of paragraph 67(2) of Schedule 5 to the Act, in section 34 of the Audit Commission Act 1998 (reports on impact of statutory provisions etc. ), subsection (6)(ba) is modified by inserting “the Care Quality Commission and” before “the Commission for Social Care Inspection” .
7
Until the coming into force of paragraph 69 of Schedule 5 to the Act, Schedule 2A to the Audit Commission Act 1998 (interaction with other authorities) , paragraph 1(1) is modified by inserting after paragraph (f) —
fa
the Care Quality Commission;
.
8
Until the coming into force of paragraph 70 of Schedule 5 to the Act, in section 25 of the Local Government Act 1999 (co-ordination of inspections etc.) , subsection (2) is modified by inserting after paragraph (d) —
da
the Care Quality Commission;
.
9
Until the coming into force of paragraph 71 of Schedule 5 to the Act, the Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Her Majesty’s Chief Inspector of the Crown Prosecution Service) is modified as follows —
a
in paragraph 2(2) after paragraph (e) insert —
ea
the Care Quality Commission,
; and
b
in paragraph 4 after paragraph (e) insert —
ea
the Care Quality Commission,
.
10
Until the coming into force of paragraph 74 of Schedule 5 to the Act, Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the Inspectorate) is modified as follows —
a
in paragraph 2(2), after paragraph (e) insert —
ea
the Care Quality Commission,
;
b
in paragraph 3(2), after paragraph (b) insert —
ba
the Care Quality Commission;
; and
c
in paragraph 4, after paragraph (e) insert —
ea
the Care Quality Commission,
.
11
Until the coming into force of paragraph 75 of Schedule 5 to the Act, Schedule 3A to the Courts Act 2003 (further provision about the Inspectors of Court Administration) is modified as follows —
a
in paragraph 2(2), after paragraph (e) insert —
ea
the Care Quality Commission,
; and
b
in paragraph 4, after paragraph (e) insert —
ea
the Care Quality Commission,
.
12
Until the coming into force of paragraph 76 of Schedule 5 to the Act, section 62 of the Public Audit (Wales) Act 2004 (co-operation with Assembly, Audit Commission or CHAI ) is modified by omitting the word “or” and inserting after paragraph (b) —
ba
the Care Quality Commission, or
.
13
Until the coming into force of paragraph 81 of Schedule 5 to the Act, paragraph 1 of Schedule 13 to the Education and Inspections Act 2006 (interaction with other authorities) is modified as follows —
a
in sub-paragraph (2), after paragraph (e) insert —
ea
the Care Quality Commission,
; and
b
in sub-paragraph (3)(f), for “(2)(f)” substitute “(2)(ea)”.
14
Until the coming into force of paragraph 82 of Schedule 5 to the Act, in section 9 of the National Health Service Act 2006 (NHS contracts) , subsection (4) is modified by inserting after paragraph (j) —
ja
the Care Quality Commission,
.
15
Until the coming into force of paragraph 85 of Schedule 5 to the Act, in section 71 of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), subsection (2) is modified by inserting after paragraph (e) —
ea
the Care Quality Commission,
.
Signed by the authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
20th August 2008


text:
Citation and Commencement
1
This Order may be cited as the Child Benefit Up-rating Order 2008 and shall come into force on 7th April 2008.
Amendment of the Child Benefit (Rates) Regulations 2006
2
In regulation 2(1) of the Child Benefit (Rates) Regulations 2006 —
a
in sub-paragraph (a) for “£18.10” substitute “£18.80”; and
b
in sub-paragraph (b) for “£12.10” substitute “£12.55”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2008


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 2008 and shall come into force on 10 th December 2008.
Establishment of safety zone
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
19th November 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Primary Ophthalmic Services Regulations 2008 and shall come into force on 1st August 2008.
2
These Regulations apply in relation to England.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“ the Act ” means the National Health Service Act 2006 ;
“additional services” means the primary ophthalmic services under section 115(1)(b), which are provided to a person, specified in regulation 3(1)(a) to (h);
“ Charges Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ;
“child tax credit” means child tax credit under the Tax Credits Act 2002 ;
“complex appliance” means an optical appliance at least one lens of which —
has a power in any one meridian of plus or minus 10 or more dioptres, or
is a prism-controlled bifocal lens;
“contract” means a general ophthalmic services contract under section 117 (general ophthalmic services contracts: introductory);
“contractor” means a person or partnership which has entered into a contract with a PCT ;
“day centre” means an establishment in the locality of the PCT attended by persons, including eligible persons, who would have difficulty in obtaining sight-testing services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided;
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
“eligible person” means a person who, in accordance with these Regulations, may have their sight tested under a contract for mandatory services or for additional services;
“employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service and “employ” and “employed” shall be construed accordingly;
“gross annual income” means income that is calculated for a tax year for the purposes of Part 1 of the Tax Credits Act 2002 in accordance with regulations made under section 7 of that Act;
“an income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995 ;
“income support” means income support under the 1992 Act and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
“locality” means the locality for which a PCT is established;
“mandatory services” means the primary ophthalmic services mentioned in section 115(1)(a) (sight-testing service), provided to a person specified in regulation 3, except those services provided other than at the contractor’s premises;
“mobile services” means the sight-testing service provided by a contractor to patients —
attending at a day centre;
residing at a residential centre; or
at their home, where the patient is unable to leave it unaccompanied because of physical or mental illness or disability,
where the contractor has entered into a contract with a PCT to provide additional services in its locality;
“PCT” means a Primary Care Trust;
“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ;
“prisoner” means a person who is detained in a prison, including a young offender institution, but not a secure training centre or a naval, military or air force prison, but is, at the time he receives any primary ophthalmic service on leave from that prison and for the purposes of this definition;
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;
“residential centre” means an establishment in the locality of the PCT for persons, including eligible persons, who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability;
“severe disability element” means the severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002;
“sight test form” means a form which, in accordance with General Ophthalmic Services Contracts Regulations 2008 , is to be completed for the purposes of payments in respect of a sight test; and
“working tax credit” means working tax credit under the Tax Credits Act 2002.
2
In these Regulations —
a
all references to sections or Parts are to sections or Parts, as the case may be, of the Act, except where specified otherwise; and
b
the use of the term “it” in relation to a contractor shall be deemed to include a reference to a contractor who is an individual or two or more individuals practising in partnership and related expressions shall be construed accordingly.
Sight Tests - eligibility
3
1
A person may have his sight tested under primary ophthalmic services if, at the time of the testing of sight, he is a person —
a
who is under the age of 16 years;
b
who is under the age of 19 years and receiving qualifying full-time education;
c
who is aged 60 years or more;
d
whose resources are treated in accordance with paragraph (2) as being less than, or equal to, his requirements;
e
who requires to wear a complex appliance;
f
who is registered blind or partially sighted under section 29 of the National Assistance Act 1948 ;
g
who has been diagnosed as suffering from diabetes or glaucoma, or has been advised by an ophthalmologist that he is predisposed to the development of glaucoma;
h
who is aged 40 or over and is the parent, brother, sister or child of a person who has been diagnosed as suffering from glaucoma; or
i
who is a prisoner.
2
A person’s resources shall be treated as being less than or equal to his requirements if —
a
he is in receipt of income support;
b
he is a member of the same family as a person who is in receipt of income support;
c
his income resources as calculated in accordance with Part II of, and Schedule 1 to, the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 for the purposes of remission of charges under the Act are less than or equal to his requirements as so calculated or exceed his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 and his capital resources as so calculated do not exceed the capital limit;
d
he is a member of the same family as a person falling within sub-paragraph (c),
e
he is in receipt of an income-based jobseeker’s allowance;
f
he is a member of the same family as a person falling within sub-paragraph (e);
g
he is a member of a family —
i
one member of which is receiving —
aa
working tax credit and child tax credit,
bb
working tax credit which includes a disability element, or
cc
child tax credit, but is not eligible for working tax credit, and
ii
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £15,050;
h
he is a person in respect of whom there is a current notice of entitlement; or
i
he is a member of the same family as a person who is receiving pension credit guarantee credit.
3
In paragraph (1) —
a
in sub-paragraph (b), “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and, for the purpose of this definition, a “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and
b
in sub-paragraph (g), “ophthalmologist” means a doctor whose name is included in the register of specialists kept by the General Medical Council under article 13(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 and in respect of whom that register indicates his speciality to be ophthalmology.
4
In paragraph (2) —
a
in sub-paragraphs (b), (d) and (i), “family” has the meaning given to it by section 137(1) of the 1992 Act, as it applies to income support;
b
in sub-paragraph (f), “family” has the meaning given to it by section 35 of the Jobseekers Act 1995 ; and
c
in sub-paragraph (g), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 .
Sight tests-applications
4
1
An eligible person who wishes to have his sight tested may make an application for his sight to be tested to any contractor —
a
which has contracted to provide mandatory services; or
b
if he is entitled to mobile services, which has contracted to provide additional services.
2
The application shall be made on a form provided for that purpose to a contractor by the PCT with whom it has contracted and shall contain a written declaration signed by the applicant to the effect that he is an eligible person.
3
In addition, a person who is an eligible person, but only by virtue of —
a
regulation 3(1)(d) and (2)(c) or (d), shall show to the contractor a current notice of entitlement;
b
regulation 3(1)(e), shall show to the contractor the prescription for a complex appliance issued to him on the occasion when his sight was last tested;
c
regulation 3(1)(g) or (h), shall, on a form provided for that purpose to contractors by the PCT, provide the contractor with the name and address of that doctor or ophthalmologist, with consent to the PCT seeking confirmation of that diabetes or glaucoma from that doctor or ophthalmologist; or
d
regulation 3(1)(i), shall show to the contractor evidence that he is a prisoner.
4
Where an eligible person to whom paragraph (3)(b) applies is unable to meet its requirements, the contractor may, instead of satisfying himself that those requirements are met, satisfy himself that the person is an eligible person by referring to his own records or by measuring the power of the lenses of the person’s existing optical appliance by means of a focimeter or other suitable means.
5
A contractor shall be entitled to demand and recover from a patient or person making an application on a patient’s behalf under regulation 6(1) a sum in respect of loss of remunerative time resulting from that patient’s failure to keep an appointment.
Sight test treated as a test under general ophthalmic services
5
1
A person whose sight is tested by a contractor, but who was not an eligible person immediately before the testing and is shown —
a
during the testing to fall within the description specified in sub-paragraph (e) of regulation 3(1); or
b
in accordance with paragraph (3), within 3 months after the testing to fall within any of the descriptions specified in regulation 3(2) (c) or (d),
shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested.
2
Where paragraph (1) applies the testing shall be treated as a testing of sight under section 115 for the purposes of regulation 8(1)(a) of the Charges Regulations, as well as for the purposes specified in section 115(10)(a).
3
For the purposes of paragraph (1)(b), a person is shown to fall within a description specified in regulation 3(2) (c) or (d), if he presents to the PCT a notice of entitlement which is effective for a period which includes the date of the testing of sight or for a period beginning no later than 14 days after the date of the testing of sight.
4
Subject to the provisions of the Charges Regulations, where a testing of a person’s sight is treated by virtue of paragraphs (1)(b), (2) and (3) as a testing of sight under section 115 the PCT shall, on being presented with a receipt for, or other evidence of, any fee paid for the testing, and on being satisfied as to its amount, pay to that person an amount equal to that fee.
Applications and signatures by children or persons incapable
6
1
Subject to paragraph (2), an application for mandatory services or additional services may be made and a signature required by these regulations may be given —
a
on behalf of any person under 16 years of age by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;
b
on behalf of any other person who is incapable of making the application, giving the signature, by a relative or any other adult who has the care of that person; or
c
on behalf of any person under 18 years of age —
i
in the care of an authority, by a person duly authorised by that authority;
ii
in the care of a voluntary organisation, by that organisation or a person duly authorised by them.
2
A signature on an application may not be given by the contractor to whom the application is made nor by any person employed by it.
Entitlement to additional services
7
1
Subject to the following provisions of this regulation, any person falling within regulation 3, except a prisoner, may apply under regulation 4 (or have someone apply on his behalf under regulation 6) to have his sight tested by mobile services.
2
He may only have his sight tested at a day centre if he would have difficulty in obtaining mandatory services from practice premises because of physical or mental illness or disability or because of difficulties in communicating his health needs unaided.
3
He may only have his sight tested at a residential centre if he normally resides in that establishment and is unable to leave the establishment unaccompanied because of physical or mental illness or disability.
4
He may only have his sight tested at his home if he is unable to leave it unaccompanied because of physical or mental illness or disability.
Publication of information
8
The PCT shall publish —
a
sufficient details of contractors who have entered into a contract with it to enable eligible persons to make contact with them; and
b
information as to the times and places at which mandatory or additional services, as the case may be, are available from those contractors.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th April 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 English 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 “English Programme of study: key stage 3”;
b
“the Key Stage 4 Document” means the document published by the Authority on 30th August 2007 entitled “English 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 English”, ISBN 0113700687; 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 English.
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 English.
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 English) (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 English.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (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 English;
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 English;
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 English.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
1
This Order may be cited as the A38 Trunk Road (Langley Mill, Warwickshire/Birmingham) (Detrunking) Order 2008 and shall come into force on 26th February 2009.
2
In this Order –
i
“the plan” means the plan folio numbered HA 10/NOD/002, marked “The A38 Trunk Road (Langley Mill, Warwickshire/ Birmingham (Detrunking) Order 2008”, signed by the authority of the Secretary of State for Transport and deposited at the Department for Transport, Information Management Division, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A38 Trunk Road
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Tim Harbot
A Divisional Director Highways Agency
17th December 2008


text:
Citation and commencement
1
This Order may be cited as the British Overseas Territories Citizenship (Designated Service) (Amendment) Order 2008 and shall come into force on 30th June 2008.
Amendment
2
In the Schedule to the British Dependent Territories Citizenship (Designated Service) Order 1982 (which specifies descriptions of service designated for the purposes of section 16 of the British Nationality Act 1981), paragraphs 2 and 3 are omitted.
Liam Byrne
Minister of State
Home Office
30th April 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008.
2
In this Order, “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed Dates
2
Subject to articles 3 and 4, the date appointed for the coming into force of the provisions of the 2008 Act specified in the Schedule is 3 rd November 2008.
Transitional and saving provisions
3
The coming into force of section 60 of the 2008 Act is of no effect —
a
in relation to offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 1996 , has begun, in England and Wales, before 4 th April 2005 or, in Northern Ireland, before 15 th July 2005: and
b
in relation to a case to which Part 1 of the Criminal Procedure and Investigations Act 1996 applies by virtue of section 1(1) or (2) of that Act before 3 rd November 2008.
4
1
The Police Act 1996 and the Police Reform Act 2002 shall continue to apply in relation to specified matters as if the amendments in paragraphs 3, 4, 7 and 8 of Schedule 22 and in paragraphs 5, 12(4) and 19 of Schedule 23 to the 2008 Act had not been made.
2
In this article, “specified matters” means —
a
conduct by a police officer which may be or is being dealt with under the Police (Conduct) Regulations 2004 ;
b
conduct by a police officer which may be or is being dealt with under the Police (Complaints and Misconduct) Regulations 2004 as they are in force on the date this Order is made;
c
performance or attendance by a member of a police force which may be or is being dealt with under the Police (Efficiency) Regulations 1999 ; or
d
anything which may be or is being dealt with under the Police Appeals Tribunals Rules 1999 .
Signed by the authority of the Lord Chancellor and Secretary of State.
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
13th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Increase in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 , for “£328” substitute “£344” and for “£134” substitute “£141”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008
We consent to the making of these Regulations
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 2008


text:
Citation and Commencement
1
These Rules may be cited as the Trade Marks (Fees) Revocation Rules 2008 and shall come into force on 1st October 2008.
Revocation
2
The Trademarks (Fees) Rules 2000 to the extent that they relate to fees payable in respect of matters arising under the Trade Marks (International Registration Order) 1996 are revoked.
Bill Rammell
Minister of State, Lifelong Learning, Further and Higher Education
Department for Innovation Universities and Skills
13th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 and shall come into force on 22nd December 2008.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 shall be amended as follows.
2
In regulation 83 (time and manner in which claims are to be made) —
a
in paragraph (6) after “designated office” insert “or appropriate DWP office”;
b
in paragraph (7) after “Where a claim” insert “, which is received by a relevant authority,”;
c
after paragraph (7) insert —
7A
Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.
; and
d
for paragraph (8) substitute —
8
The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.
8A
The conditions are that —
a
where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or
b
where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies —
i
the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
ii
the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,
or , in either case, within such longer period as the relevant authority may consider reasonable; or
c
where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.
.
3
In regulation 86 (evidence and information) —
a
in paragraph (1) —
i
for “paragraph (2)” substitute “paragraphs (1A) and (2)”; and
ii
for “being required to do so” substitute “the relevant authority requiring him, or the Secretary of State requesting him, to do so”; and
b
after paragraph (1) insert —
1A
Where a person notifies a change of circumstances to the appropriate DWP office under regulation 88(6), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.
.
4
In regulation 88 (duty to notify changes of circumstances) —
a
in paragraph (1) for “paragraph (3)” substitute “paragraphs (3) and (6)”; and
b
after paragraph (4) add —
6
Where —
a
the claimant or the claimant’s partner is in receipt of income support or jobseeker’s allowance;
b
the change of circumstance is that the claimant or the claimant’s partner starts employment; and
c
as a result of that change of circumstance, either entitlement to that benefit will end or, where the claimant or claimant’s partner is in receipt of a contribution-based jobseeker’s allowance, the amount of that benefit will be reduced,
the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows.
2
In regulation 64 (time and manner in which claims are to be made) —
a
in paragraph (7) after “designated office” insert “or appropriate DWP office”;
b
in paragraph (8) after “Where a claim” insert “, which is received by a relevant authority,”;
c
after paragraph (8) insert —
8A
Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.
; and
d
for paragraph (9) substitute —
9
The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (9A) are satisfied.
9A
The conditions are that —
a
where paragraph (8)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or
b
where paragraph (8)(b) (claim not on approved form or further information requested by relevant authority) applies —
i
the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
ii
the claimant supplies whatever information or evidence was requested under paragraph (8) within one month of the request,
or, in either case, within such longer period as the relevant authority may consider reasonable; or
c
where paragraph (8A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.
.
3
In regulation 67 (evidence and information) —
a
in paragraph (1) —
i
for “paragraph (2)” substitute “paragraphs (1A) and (2)”; and
ii
for “being required to do so” substitute “the relevant authority requiring him, or the Secretary of State requesting him, to do so”; and
b
after paragraph (1) insert —
1A
Where a person notifies a change of circumstances to the appropriate DWP office under regulation 69(9), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.
.
4
In regulation 69 (duty to notify changes of circumstances) —
a
in paragraph (1) for “and (7)” substitute “, (7) and (9)”; and
b
after paragraph (8) add —
9
Where —
a
the claimant or the claimant’s partner is in receipt of jobseeker’s allowance;
b
the change of circumstance is that the claimant or the claimant’s partner starts employment; and
c
as a result of that change of circumstance either entitlement to that benefit will end or the amount of that benefit will be reduced,
the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.
.
Amendment of the Council Tax Benefit Regulations 2006
4
1
The Council Tax Benefit Regulations 2006 shall be amended as follows.
2
In regulation 69 (time and manner in which claims are to be made) —
a
in paragraph (6) after “designated office” insert “or appropriate DWP office”;
b
in paragraph (7) after “Where a claim” insert “, which is received by a relevant authority,”;
c
after paragraph (7) insert —
7A
Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.
; and
d
for paragraph (8) substitute —
8
The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.
8A
The conditions are that —
a
where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or
b
where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies —
i
the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
ii
the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,
or, in either case, within such longer period as the relevant authority may consider reasonable; or
c
where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.
.
3
In regulation 72 (evidence and information) —
a
in paragraph (1) —
i
for “paragraph (2)” substitute “paragraphs (1A) and (2)”; and
ii
for “being required to do so” substitute “the relevant authority requiring him, or the Secretary of State requesting him, to do so”; and
b
after paragraph (1) insert —
1A
Where a person notifies a change of circumstances to the appropriate DWP office under regulation 74(7), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.
.
4
In regulation 74 (duty to notify changes of circumstances) —
a
in paragraph (1) for “and (5)” substitute , "(5) and (7)”; and
b
after paragraph (5) add —
7
Where —
a
the claimant or the claimant’s partner is in receipt of income support or jobseeker’s allowance;
b
the change of circumstance is that the claimant or the claimant’s partner starts employment; and
c
as a result of that change of circumstance either entitlement to that benefit will end or, where the claimant or claimant’s partner is in receipt of a contribution-based jobseeker’s allowance, the amount of that benefit will be reduced,
the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows.
2
In regulation 53 (time and manner in which claims are to be made) —
a
in paragraph (6) after “designated office” insert “or appropriate DWP office”;
b
in paragraph (7) after “Where a claim” insert “, which is received by a relevant authority,”;
c
after paragraph (7) insert —
7A
Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.
; and
d
for paragraph (8) substitute —
8
The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.
8A
The conditions are that —
a
where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or
b
where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies —
i
the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
ii
the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,
or, in either case, within such longer period as the relevant authority may consider reasonable; or
c
where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.
.
3
In regulation 57 (evidence and information) —
a
in paragraph (1) —
i
for “paragraph (2)” substitute “paragraphs (1A) and (2)”; and
ii
for “being required to do so” substitute “the relevant authority requiring him, or the Secretary of State requesting him, to do so”; and
b
after paragraph (1) insert —
1A
Where a person notifies a change of circumstances to the appropriate DWP office under regulation 59(10), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.
.
4
In regulation 59 (duty to notify changes of circumstances) —
a
in paragraph (1) after “(5) to (8)” insert “and (10)”; and
b
after paragraph (9) add —
10
Where —
a
the claimant or the claimant’s partner is in receipt of jobseeker’s allowance;
b
the change of circumstance is that the claimant or the claimant’s partner starts employment; and
c
as a result of the change of circumstance either entitlement to that benefit will end or the amount of that benefit will be reduced,
the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.
.
Signed by authority of the Secretary of State for Work and Pensions.
Kitty Ussher
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2008 and shall come into force on 1st August 2008.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows.
2
In paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Fourteenth Edition” ( ISBN 978-0-9549352-3-8) published by the Department for Transport.
Signed by the authority of the Secretary of State
J. Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th June 2008


text:
Citation
1
This Order may be cited as the Wylye Valley Church of England Voluntary Aided Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Wylye Valley Church of England Voluntary Aided Primary School, Cherry Orchard, Codford, Warminster, Wiltshire, BA12 0PN, 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 Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Greater London Authority Act 2007 (Commencement No.2) Order 2008.
2
In this Order —
“ the Act ” means the Greater London Authority Act 2007.
Provisions coming into force on 21st January 2008
2
The following provisions of the Act shall come into force on 21st January 2008 —
a
Part 1, so far as it is not yet in force;
b
Part 2;
c
Part 3;
d
Part 4;
e
Part 5;
f
section 29;
g
section 37;
h
section 39;
i
sections 40 to 44, so far as they are not yet in force;
j
section 50, so far as it is not yet in force;
k
Part 10, so far as it is not yet in force;
l
Schedule 1; and
m
section 57 and Schedule 2, so far as they are not yet in force and so far as they give effect to the repeals relating to the Greater London Authority Act 1999 and the Railways Act 2005 .
Hazel Blears
One of Her Majesty’s Principal Secretaries of State
16th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the European Parliament (House of Lords Disqualification) Regulations 2008 and shall come into force on 15th July 2008.
Interpretation
2
In these Regulations —
“life peer” means a person upon whom a peerage has been conferred under section 1 of the Life Peerages Act 1958 ; and
“ MEP ” means a member of the European Parliament.
Application of these Regulations
3
1
These Regulations apply to a life peer who, on or after the date of the first general election of MEPs held after the coming into force of these Regulations, is —
a
declared returned as an MEP in accordance with regulation 83(5) of the European Parliamentary Elections Regulations 2004 ;or
b
declared elected as an MEP in accordance with rule 56(1) or (2) of the European Parliamentary Elections Rules set out in Schedule 1 to those Regulations.
Disqualification of life peers
4
1
A life peer to whom these Regulations apply is disqualified —
a
from sitting or voting in the House of Lords; and
b
from sitting or voting in a committee of the House of Lords or a joint committee of both Houses of Parliament,
at any time during which he remains an MEP.
2
No writ of summons shall be issued to a life peer while disqualified under this regulation.
Notification to the Speaker of the House of Lords
5
Where a life peer to whom these regulations apply is declared elected or returned as an MEP, the returning officer must notify the Speaker of the House of Lords.
Jack Straw
Secretary of State for Justice
20th June 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2008 and shall come into force on 5th January 2009.
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of number of licences
2
1
OFCOM shall grant one wireless telegraphy licence for the use of the frequency bands 742 to 750 megahertz and 542 to 550 megahertz with transmission from the site at Wenvoe, Cardiff which has the Ordnance Survey national grid reference ST110742.
2
OFCOM shall also grant one wireless telegraphy licence for use of the frequency band 758 to 766 megahertz with transmission from the site at Winter Hill, Bolton, Manchester which has the Ordnance Survey national grid reference SD660144.
3
The persons to whom the wireless telegraphy licences shall be granted shall be determined by OFCOM —
a
in the case of the Cardiff licence using the procedure set out in the Wireless Telegraphy (Licence Award) (Cardiff) Regulations 2008 ; and
b
in the case of the Manchester licence using the procedure set out in the Wireless Telegraphy (Licence Award) (Manchester) Regulations 2008 .
4
The criteria which Ofcom applied in determining that one wireless telegraphy licence would be granted for each site were that the number of licences to be granted should be the number which is most likely to secure the optimal use of the electromagnetic spectrum and promote competition in the provision of electronic communication services having regard to the matters set out in section 3(1) and (2) of the Wireless Telegraphy Act 2006.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
15 December 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford District Care Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1st December 2008.
2
In this Order —
“the old Trust” means the Bradford District Care Trust ;
“the new Trust” means the Bradford and Airedale Teaching Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and the new Trust on 2nd October 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
23rd October 2008