text:
PART 1 CITATION, COMMENCEMENT REVOCATION AND INTERPRETATION
Citation and commencement
1
1
These Regulations may be cited as the Home Information Pack Regulations 2007.
2
These Regulations shall come into force on 1st June 2007.
Revocation of the Home Information Pack Regulations 2006
2
The Home Information Pack Regulations 2006 are revoked.
Interpretation – general provisions
3
1
In these Regulations —
“the 2004 Act ” means the Housing Act 2004;
“appropriate local land charges register” means the register described in section 4 of the Local Land Charges Act 1975 ;
“approved certification scheme” means a certification scheme approved by the Secretary of State under regulation 37 of these Regulations and from which such approval has not been withdrawn under regulation 39 ;
“asset rating” has the meaning given by regulation 2(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 ;
“the Chief Land Registrar” means the person appointed by the Lord Chancellor under section 99(3) of the Land Registration Act 2002 ;
“conservation area consent” means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“developer” means a person who has built or converted, or is building or converting the property;
“edited information document” means, where the Chief Land Registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b) or 138(4) of the Land Registration Rules 2003 ;
“energy performance certificate” means a certificate which complies with regulation 11(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 or regulation 17E of the Building Regulations 2000 ;
“exempt information document” means the original and copies of a document so designated under rule 136(3) of the Land Registration Rules 2003;
“first point of marketing” means the time described in regulation 4 ;
“home condition report” means a document which complies with Schedule 10;
“home information pack” in relation to a property, means —
where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person to be the one required by that provision; and
where a duty arises under section 159(2) of that Act, the home information pack intended by the person to whom that section applies to be the one required by that provision;
“home information pack index” means the document required by regulation 9(a) ;
“home inspector” means a person who is a member of an approved certification scheme;
“individual register” means the register so named in rule 2 of the Land Registration Rules 2003, the contents and arrangement of which are described in rules 3 and 4 of those Rules;
“interim energy assessment” means the document required by regulation 9(c) ;
“lease” means a long lease except in regulation 9(j) , regulation 27(b)(i) , paragraph 3(l) of Schedule 5 and paragraph 3(a) of Schedule 6 ;
“listed building consent” means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“occupant” includes a potential occupant;
“pack document” means a document (or part of a document) required or authorised by these Regulations to be included in the home information pack;
“planning permission” means a permission (granted or deemed to be granted) under Part 3 of the Town and Country Planning Act 1990 ;
“predicted energy assessment” means the document required by regulation 9(d) ;
“premises” includes buildings and land;
“property” means the residential property in respect of which a duty arises under section 155(1) or 159(2) of the 2004 Act ;
“property interest” means the freehold interest (including a freehold estate in commonhold land) or the leasehold interest in the property that the seller is proposing to sell ;
“recommendation report” has the meaning given by regulation 2(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007;
“records” includes documents, registers, files and archives, kept in any form;
“register of title” means the register kept by the Chief Land Registrar pursuant to section 1 of the Land Registration Act 2002;
“registered estate” means a legal estate the title to which is entered in the register of title, other than a charge the title to which is entered in that register;
“sale” includes the potential sale of a property interest ;
“sale statement” means the document required by regulation 9(e) ;
“search” means an inspection or investigation (whether manual or electronic) of records;
“service charge” has the same meaning as in section 18 of the Landlord and Tenant Act 1985 ;
“title plan” means the plan so named in rule 5(a) of the Land Registration Rules 2003; and
“year” means a period of 12 months.
2
In these Regulations, any expression relating to commonhold land must be construed in accordance with —
a
Part 1 of the Commonhold and Leasehold Reform Act 2002 if it is also used in that Act; or
b
the Commonhold Regulations 2004 where those Regulations further define or elaborate upon an expression used in Part 1 of that Act,
and in relation to commonhold land, references to common parts are to those that relate to the property and the commonhold of which the property forms part.
3
For the purposes of these Regulations —
a
the property is physically complete if its building or its conversion for residential purposes has been completed; and
b
where a question arises as to whether the property is physically complete, it must be considered physically complete if it —
i
is wind and weather proof;
ii
is safe and sanitary in relation to its occupants or visitors;
iii
has facilities for the supply of space heating, hot and cold water and electricity; and
iv
has washing and drainage facilities.
4
In these Regulations, references to the amendment or revision of a document include its modification or variation.
5
In these Regulations, references to a number of days, months or years are to a consecutive period of days or months.
Interpretation – first point of marketing
4
1
Subject to the provisions specified in paragraph (2) , a reference in these Regulations to the “first point of marketing” is to the first time a duty arises under section 155(1) or 159(2) of the 2004 Act in relation to the sale of the property interest.
2
The provisions referred to in paragraph (1) are —
a
regulations 17(3) , 18(3) , 22(3) , 23(5) and 24(3) ; and
b
paragraphs (3) , (4) and (5) .
3
No further first point of marketing shall arise where the property is taken off the market and then put back on the market before the end of the period of one year starting with the day on which the first point of marketing falls.
4
Except in the circumstances described in paragraph (5) , where the property is taken off the market and then put back on the market after the end of the period of one year starting with the day on which the first point of marketing falls —
a
a further first point of marketing arises; and
b
that first point of marketing is the time at which the property is put back on the market.
5
No further first point of marketing shall arise where the property —
a
is taken off the market for any period of time because the seller accepts an offer to buy the property; and
b
is then put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.
PART 2 HOME INFORMATION PACK - GENERAL PROVISIONS
Required, authorised and excluded documents
5
1
A home information pack —
a
must include —
i
the documents required under regulation 9 (including that regulation as modified by regulation 11 ); and
ii
the particular information so required to be included in a pack document; and
b
may include —
i
the documents authorised under regulation 10 (including that regulation as modified by regulation 11 ); or
ii
the particular information so authorised to be included in a pack document.
2
A home information pack must not include any other documents or information contained in a document.
3
A copy of a home information pack, or of a pack document provided to a potential buyer pursuant to section 156(1) of the 2004 Act must be separated and clearly distinguished by the responsible person from documents or information which are —
a
provided to a potential buyer in close proximity to the pack or pack document; and
b
neither required nor authorised by these Regulations to be included in the pack.
The home information pack
6
1
Except where an official copy of a document is required or authorised by these Regulations to be included in the home information pack, the pack must be composed of original documents or true copies of them .
2
For the purposes of these Regulations, a copy of a document containing a map, plan or drawing —
a
which is in the seller’s possession, under his control, or to which he has reasonable access; and
b
in which colours are used to mark boundaries or other features,
is a true copy if those colours are reproduced with sufficient accuracy to enable them to be identified.
Copies of a home information pack
7
The copies of a home information pack or pack document provided or produced under section 156(1) or 167(1) of the 2004 Act must be —
a
true copies of the home information pack or pack document; or
b
where a pack document is an official copy, a true copy of it or another official copy.
Comprehension of documents
8
1
Subject to paragraph (2) , pack documents and true copies of documents made in accordance with regulation 7 —
a
must be legible; or
b
in the case of maps, plans or drawings, must be clear.
2
Paragraph (1) does not apply where, despite all reasonable efforts and enquiries by the responsible person —
a
the only version of a pack document available is one which is illegible or unclear (either in whole or in part); and
b
that document is to be included under any of the following provisions —
i
regulation 9(g)(ii) (documents relied on to deduce unregistered title);
ii
regulation 10(j) (documents referred to in the register of title);
iii
regulation 9(h) or 10(k) (required or authorised commonhold information); or
iv
regulation 9(i) or 10(l) (required or authorised leasehold information).
3
Pack documents must be in —
a
English, where the property is in England; or
b
English, Welsh or a combination of English and Welsh, where the property (or part of the property) is in Wales.
PART 3 CONTENTS OF HOME INFORMATION PACKS
Required pack documents
9
Subject to regulations 11 , 12 , 13 and Parts 4 and 5, the home information pack must include the following —
a
an index to the home information pack complying with Schedule 1 (the home information pack index);
b
an energy performance certificate accompanied by the recommendation report for a property —
i
which is physically complete before or at the first point of marketing; and
ii
to which paragraph (c) does not apply;
c
an interim energy assessment complying with Schedule 2 for a property —
i
which is physically complete before or at the first point of marketing;
ii
in respect of which the first point of marketing falls during the period starting with 1st June 2007 and ending with 16th September 2007; and
iii
which was constructed at a time when regulation 17C of the Building Regulations 2000 applied to the work;
d
a predicted energy assessment complying with Schedule 3 if the property is not physically complete before or at the first point of marketing;
e
a document complying with Schedule 4 (the sale statement);
f
if the property interest is or includes the whole or part of a registered estate —
i
an official copy of the individual register relating to that estate; and
ii
an official copy of the title plan relating to that estate;
g
if the property interest is or includes the whole or part of an estate, the title to which is not entered in the register of title —
i
a certificate of an official search of the index map issued under rule 145(4) of the Land Registration Rules 2003 in relation to the parcel of land to which the property interest relates; and
ii
such other documents on which the seller can reasonably be expected to rely in order to deduce title to that estate for the purposes of its sale;
h
if the property interest is or includes the whole or part of a freehold estate in commonhold land —
i
the documents described in paragraph 1 of Schedule 5; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
i
if the property interest is or includes the whole or part of a leasehold interest —
i
the documents described in paragraph 1 of Schedule 6; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
j
if the property interest is or includes the whole or part of an interest in dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, such leases or licences —
i
to which the dwelling-houses are subject or are expected to be subject at the time of, or following completion of the sale of the property interest ; and
ii
as have not been included in the pack under paragraph (i) of this regulation;
k
a search report which relates to the property and which records the results of a search of all parts of the appropriate local land charges register —
i
in the form of an official search certificate, in the case of an official search made pursuant to section 9 of the Local Land Charges Act 1975 ; or
ii
in any other form but made in accordance with Parts 1 and 2 of Schedule 7, in the case of a personal search made pursuant to section 8 of that Act ;
l
a search report which —
i
is made in accordance with Parts 1 and 2 of Schedule 7 and with Schedule 8; and
ii
records the results of a search of records held by or derived from a local authority (local enquiries); and
m
a search report which is made in accordance with Parts 1 and 2 of Schedule 7 and with Schedule 9 (drainage and water enquiries).
Authorised pack documents
10
Subject to regulations 11 , 12 , 13 and Parts 4 and 5, the home information pack may include documents consisting of or containing any of the following —
a
a home condition report which complies with Schedule 10;
b
documentary evidence of any safety, building, repair or maintenance work as has been carried out in relation to the property since the date of any home condition report included in the pack under paragraph (a) ;
c
any warranty, policy or guarantee for defects in the design, building, or completion of the property, or its conversion for residential purposes;
d
information about the design or standards to which a property has been or is being built;
e
an accurate translation in any language of any pack document;
f
an additional version of any pack document in another format, such as Braille or large print;
g
a summary or explanation of any pack document, including legal advice on the content of the pack or any pack document;
h
information identifying the property including a description, photograph, map, plan or drawing of the property;
i
information about a pack document, about information contained within a pack document or about the home information pack, relating to —
i
its source or supply; or
ii
complaints or redress procedures arising from it;
j
if the property interest is or includes the whole or part of a registered estate, official copies of any documents referred to in the individual register, including any edited information documents derived from such exempt information documents as are referred to in the register ;
k
if the property interest is or includes the whole or part of a freehold estate in commonhold land, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 5; and
ii
would be of interest to potential buyers of the property interest;
l
if the property interest is or includes the whole or part of a leasehold interest, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 6; and
ii
would be of interest to potential buyers of the property interest;
m
one or more of the following search reports which must be made in accordance with Part 1 of Schedule 7 and may be made in accordance with Part 2 of that Schedule, which records the results of a search relating to the property and relating to any of the following matters —
i
information held by or derived from a local authority, and dealing with matters supplementary to those contained in the search reports required by regulation 9(k) (search of the local land charges register) or 9(l) (local enquiries);
ii
common land or town or village greens;
iii
rights of access to, over or affecting the property interest;
iv
ground stability, the effects of mining or extractions or the effects of natural subsidence;
v
actual or potential environmental hazards, including the risks of flooding or contamination from radon gas or any other substance;
vi
telecommunications services;
vii
sewerage, drainage, water, gas or electrical services;
viii
the potential or actual effects of transport services, including roads, waterways, trams and underground or over-ground railways; or
ix
liabilities to repair or maintain buildings or land not within the property interest;
n
where it would be of interest to potential buyers of the property interest, a document which —
i
records the results of a search relating to other premises in the vicinity of the property; and
ii
would otherwise be a report of the type required by regulation 9(k) (search of the local land charges register), 9(l) (local enquiries) or 9(m) (drainage and water enquiries) or authorised by paragraph (m) of this regulation, if references in those provisions and in Schedules 7, 8 and 9 to “property”, “land” and “land on which the property is or will be situated” were references to those other premises;
o
any documents referred to in a search report included in the pack under regulation 9(k) (search of the local land charges register), 9(l) (local enquiries), 9(m) (drainage and water enquiries) (subject to paragraph 2(4)(b) of Schedule 9) or paragraphs (m) or (n) of this regulation; and
p
information which —
i
relates to one or more of the matters described in Schedule 11; and
ii
would be of interest to potential buyers of the property interest.
Creation of interests
11
1
Subject to regulation 13 and Parts 4 and 5, where the sale involves —
a
the whole or part of a commonhold unit, which at the first point of marketing has not been registered by the Chief Land Registrar as a freehold estate in commonhold land; or
b
a leasehold property interest, which at the first point of marketing has not yet been created,
regulations 9 and 10 apply as respects that freehold estate or leasehold interest, as modified by this regulation.
2
Where paragraph (1) (a) applies —
a
the sale statement must be completed as if the freehold estate had been registered by the Chief Land Registrar;
b
regulations 9(f) (evidence of title for registered estates), 9(g) (evidence of title for unregistered estates) and 10(j) (documents referred to in the individual register) apply as if for “is or includes” in each paragraph, there were substituted “to be registered as a freehold estate in commonhold land arises from”;
c
paragraphs 1 and 2 of Schedule 5 (required commonhold information) do not apply;
d
regulation 10(k) and paragraph 3 of Schedule 5 (authorised commonhold information) must be construed by reference to the information expected to be relevant to the interest to be registered as a freehold estate in commonhold land; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 5.
3
Where paragraph (1) (b) applies —
a
the sale statement must be completed as if the leasehold interest had been created;
b
regulations 9(f) (evidence of title for registered estates), 9(g) (evidence of title for unregistered estates) and 10(j) (documents referred to in the individual register) apply as if for “is or includes” in each paragraph, there were substituted “is to be created from”;
c
paragraphs 1 and 2 of Schedule 6 (required leasehold information) do not apply;
d
regulation 10(l) and paragraph 3 of Schedule 6 (authorised leasehold information) must be construed by reference to the information expected to be relevant to the interest to be created; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 6.
Prohibitions relating to home condition reports
12
1
A home condition report must not be included in the home information pack if it was not completed for the purposes of the sale by the seller, of the property interest.
2
No pack document may be described as a “home condition report” unless it complies with Schedule 10.
Exclusion of advertising information
13
1
Information advertising or marketing goods or services must not be included in the home information pack or a pack document —
a
by a responsible person;
b
at his request; or
c
with his permission.
2
In paragraph (1) , “information advertising or marketing goods or services” does not include information in a document required or authorised to be included under regulations 9 or 10 (including those regulations as modified by regulation 11 ).
PART 4 ASSEMBLY OF HOME INFORMATION PACKS
Order of pack documents
14
Subject to the provisions of this Part, a copy of a home information pack provided or produced under section 156(1) or 167(1) of the 2004 Act must be composed of pack documents in the following order —
a
firstly, the document required by regulation 9(a) (home information pack index);
b
secondly —
i
the documents required by regulation 9(b) (energy performance certificate and the recommendation report); or
ii
the document required by regulation 9(c) (interim energy assessment); or
iii
the document required by regulation 9(d) (predicted energy assessment); then
c
the remaining pack documents (which may be included in any order).
Time at which pack documents are to be included
15
1
Subject to regulations 17 and 21 , the documents required to be included in the home information pack under the following provisions of regulation 9 (including that regulation as modified by regulation 11 ) must be included before or at the first point of marketing —
a
paragraph (a) (home information pack index);
b
paragraph (b) (energy performance certificate and recommendation report);
c
paragraph (c) (interim energy assessment);
d
paragraph (d) (predicted energy assessment);
e
paragraph (e) (sale statement);
f
paragraph (f) (evidence of title for registered estates); and
g
paragraph (g) (i) (official search of the index map for unregistered estates).
2
Subject to regulations 18 and 21 , the remaining documents required by regulation 9 to be included in the home information pack must be included before the end of the period of 28 days starting with the first point of marketing.
3
The pack documents authorised by these Regulations to be included in the home information pack under regulation 10 (including that regulation as modified by regulation 11 ) may be included at any time.
Age of pack documents when first included
16
1
The documents included under the following provisions of regulation 9 (including that regulation as modified by regulation 11 ) must be dated no earlier than the date that falls three months before the first point of marketing —
a
official copies included in the home information pack under —
i
paragraph (f) (evidence of title for registered estates);
ii
paragraph (h) (required commonhold information); and
iii
paragraph (i) (required leasehold information);
b
paragraph (b) (energy performance certificate and recommendation report);
c
paragraph (c) (interim energy assessment);
d
paragraph (d) (predicted energy assessment);
e
a certificate of an official search of the index map included in the pack under paragraph (g) (i) (evidence of title for unregistered estates);
f
paragraph (k) (search of the local land charges register);
g
paragraph (l) (local enquiries); and
h
paragraph (m) (drainage and water enquiries).
2
All other pack documents —
a
may be completed or dated earlier than the date that falls three months before the first point of marketing; and
b
must be such versions of the documents as can reasonably be assumed to be the most recent to the first point of marketing.
3
Where —
a
a pack document has been amended at any time before its inclusion in the home information pack; and
b
the amendment is not incorporated in the document,
that amendment must be included in the pack.
Energy information unobtainable before or at the first point of marketing
17
1
This regulation applies —
a
where regulation 21 does not apply; and
b
in relation to the following pack documents required to be included in the home information pack before or at the first point of marketing by virtue of regulation 15(1) —
i
energy performance certificate and recommendation report (regulation 9(b) );
ii
interim energy assessment (regulation 9(c) ); and
iii
predicted energy assessment (regulation 9(d) ).
2
If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before or at the first point of marketing, the home information pack complies with the requirements of these Regulations where —
a
the first point of marketing falls no earlier than the end of the period of 14 days starting with the day a request for the document is delivered in accordance with this Part;
b
the responsible person continues to use all reasonable efforts to obtain the document, and in particular, to obtain the document before the end of the period of 28 days starting with the first point of marketing;
c
the document is included in the home information pack as soon as reasonably practicable; and
d
proof of the request for the document is included in the pack .
3
The time at which the document is included in the home information pack becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 4(4) or Part 5.
Documents required within 28 days of the first point of marketing
18
1
This regulation applies —
a
where regulation 21 does not apply; and
b
in relation to the pack documents required to be included in the home information pack before the end of the period of 28 days starting with the first point of marketing by virtue of regulation 15(2) .
2
The home information pack complies with the requirements of these Regulations where, in respect of a pack document to which this regulation applies —
a
the day a request for the document is delivered falls before the first point of marketing;
b
the responsible person believes on reasonable grounds that the latest time a document is likely to be obtained by him is at the end of the period of 28 days starting with the first point of marketing, and uses all reasonable efforts to obtain the document before then;
c
where it is reasonable to expect that the document can be obtained by the responsible person earlier than the time identified in paragraph (b) , he uses all reasonable efforts to obtain the document before then;
d
the responsible person continues to use such efforts if the document cannot be obtained by him in accordance with paragraphs (b) or (c) ;
e
the responsible person records on the home information pack index the information required under paragraph 1(f) of Schedule 1;
f
the document is included in the home information pack as soon as the responsible person obtains it; and
g
proof of the request for the document is included in the pack .
3
The time at which the document is included in the home information pack becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 4(4) or Part 5.
Requests for documents under this Part
19
1
In this Part, references to a request for a document are to a request —
a
which is properly addressed to a person who usually provides or is likely to provide the type of document requested; and
b
which —
i
is made in such form;
ii
contains all such information; and
iii
is accompanied by such payment or an undertaking to make such payment,
as is usually necessary to obtain a document of the type requested.
2
In this Part, proof of a request for a document means a written statement of the following matters —
a
which of the required documents has been requested;
b
the date that a request for the document is delivered in accordance with regulation 20 ;
c
the name of the person to whom the request has been addressed;
d
the date the responsible person believes the document is likely to become available; and
e
confirmation that the request complies with paragraph (1) .
Delivery of documents under this Part
20
1
Subject to paragraphs (2) and (3) , the day a request for the document is delivered shall, for the purposes of this Part, be taken to be, depending on the method of delivery —
a
the day the request is served personally on the intended recipient;
b
the day it would be delivered to the intended recipient’s address in the ordinary course of post or (if sooner), the day on which it is proved to have been so delivered;
c
the day it is left at the intended recipient’s address;
d
the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been so delivered; or
e
the day it is sent by fax or electronic communication to the intended recipient’s address or (if later), the day on which it is proved to have been so delivered.
2
Subject to paragraph (3) , where a request for a document is delivered to the Chief Land Registrar, the day the request is delivered shall, for the purposes of this Part, be taken to be the day it is delivered in accordance with, or under, the Land Registration Act 2002 —
a
personally;
b
by post, and is the day it would be delivered to the Chief Land Registrar in the ordinary course of post or (if sooner), the day on which it is proved to have been so delivered;
c
by document exchange, and is the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been so delivered;
d
orally; or
e
by telephone, fax or other electronic method.
3
For the purposes of this Part, where a request for a document —
a
is made in parts, the day the request is delivered shall be taken to be the day the last part is delivered as described in paragraphs (1) and (2) ;
b
is delivered more than once, the day the request is delivered shall be taken to be the first day on which a request is delivered as described in paragraphs (1) and (2) ; and
c
is delivered using more than one method of delivery, the day the request is delivered shall be taken to be the day on which the first request is delivered as described in paragraphs (1) and (2) .
4
In paragraph (1) (a) , “served personally” —
a
in relation to an individual, means leaving it with that individual;
b
in relation to a business, means leaving it with an employee or owner of the business; and
c
in relation to any other body of persons corporate or unincorporate, means leaving it with an employee or member of that body.
5
References to a recipient’s address —
a
in paragraphs (1) (b) and (c) are, if the intended recipient is an individual —
i
to his usual or last known residence; or
ii
if his usual or last known residence is the property, to that address and an address (if any) at which it can reasonably be assumed he will be contacted;
b
in paragraphs (1) (b) and (c) , are if the intended recipient is a business or other body, to any principal or last known place of business from which a document of the type requested is usually or likely to be provided; and
c
in paragraph (1) (e) , are to any electronic address, identification or number published or provided by the intended recipient for the purposes of supplying the document requested.
Required pack documents which are completely unobtainable
21
1
The provisions of regulation 9 specified in paragraph (2) do not apply where, after making all reasonable efforts and enquiries, the responsible person believes on reasonable grounds that the document in question —
a
no longer exists in any form; or
b
cannot be obtained from or created by any person.
2
The provisions are —
a
paragraph (c) (interim energy assessment);
b
paragraph (d) (predicted energy assessment);
c
paragraph (g) (ii) (documents relied on to deduce unregistered title);
d
paragraph (h) (required commonhold information);
e
paragraph (i) (required leasehold information); or
f
paragraph (j) (leases or licences for dwelling-houses to which section 171(2) of the 2004 Act applies).
PART 5 ACCURACY OF HOME INFORMATION PACKS
Updating of required pack documents
22
1
This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 11 ).
2
Where the responsible person amends such a document or obtains or creates a further version of it, he must —
a
include the amended document or the further version in the pack;
b
amend accordingly such translations, additional versions, summaries or explanations as are included in the pack under regulation 10(e) , 10(f) or 10(g) or include a further version of such translations, additional versions, summaries or explanations; and
c
remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b) .
3
The time at which the responsible person amends a document or obtains or creates a further version of it under paragraph (2) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 4(4) , Part 4 or this Part.
Updating of energy performance information
23
1
If the property is not physically complete before or at the first point of marketing, and becomes complete after that time, the responsible person must include in the home information pack the documents which would be required by —
a
regulation 9(b) (energy performance certificate and recommendation report); or
b
regulation 9(c) (interim energy assessment).
2
Where regulation 9(c) (interim energy assessment) applies in relation to the property, the responsible person must include in the pack before 1st October 2007, an energy performance certificate and recommendation report relating to the property.
3
The documents required to be included in the pack under paragraph (1)
must —
a
be so included before the end of the period of 14 days starting with the day on which the property becomes physically complete; and
b
replace any document already included in the pack in accordance with regulation 9(d) (predicted energy assessment).
4
The documents required to be included in the pack under paragraph (2) must replace any document already included in the pack in accordance with regulation 9(c) (interim energy assessment).
5
The time at which the responsible person includes a document under paragraphs (1) or (2) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 4(4) , Part 4 or this Part.
Updating of authorised pack documents
24
1
This regulation applies to any document included in a home information pack under regulation 10 (including that regulation as modified by regulation 11 ).
2
A responsible person —
a
may include an amended document or further version in the pack; and
b
may remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a) .
3
The time at which the responsible person includes the amended document or further version under paragraph (2) (a) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 4(4) , Part 4 or this Part.
Seller’s check of the home information pack
25
If he is not the seller, the responsible person must provide the seller with a copy of any of the pack documents which the seller has requested him to provide for the purposes of ensuring the accuracy of the home information pack.
PART 6 EXCEPTIONS
Meaning of “non-residential premises”
26
1
In this Part, “non-residential premises” includes —
a
premises where the most recent use of the premises is or was primarily non-residential; and
b
any dwelling-house where —
i
it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed; and
ii
and all the relevant planning permissions and listed building consents exist in relation to the conversion.
2
For the purposes of this Part, where a question arises as to whether premises are —
a
non-residential premises; or
b
residential property by virtue of being ancillary land to a dwelling-house ,
the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.
3
The conditions referred to in paragraph (2) are that —
a
the total area of the land is 5 hectares or more; and
b
the most recent use of the land is or was primarily for one or more of the following purposes —
i
horticulture or cultivation;
ii
the breeding or keeping of animals or livestock; or
iii
as grazing land or woodlands.
Exclusion from meaning of “non-residential premises”
27
In this Part, “non-residential premises” do not include —
a
premises due to be converted to a dwelling-house by the time the sale of the property interest is complete; or
b
a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes —
i
letting under a lease ; or
ii
home working.
Exception for seasonal and holiday accommodation
28
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property is subject to a condition imposed under section 72(1)(a) of the Town and Country Planning Act 1990 regulating the use of the dwelling-house to either or both of the following —
i
occupation for less than 11 months in any 12 month period; or
ii
use only for holiday accommodation; and
b
that regulation of the use of the dwelling-house is clear from the manner in which the property is marketed.
Exception for mixed sales
29
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is to be sold with one or more non-residential premises;
b
the dwelling-house which is or forms part of the property is ancillary to those non-residential premises;
c
at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy the property in isolation from any one of those non-residential premises; and
d
the seller’s intention not to accept such an offer is clear from the manner in which the property is marketed.
Exception for dual use of a dwelling-house
30
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property was most recently used for both residential and non-residential purposes; and
b
the manner in which it is marketed suggests that it is suitable for —
i
non-residential use; or
ii
both residential and non-residential use.
Exception for portfolios of properties
31
1
Subject to paragraph (2) , the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property is to be sold with one or more other dwelling-houses;
b
the other dwelling-houses mentioned in sub-paragraph (a) —
i
are available for sale with vacant possession; and
ii
are not dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act;
c
at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy any one of those dwelling-houses in isolation from another; and
d
the seller’s intention not to accept such an offer is clear from the manner in which the dwelling-houses are marketed.
2
Paragraph (1) does not apply where the other dwelling-houses mentioned in sub-paragraph (a) are ancillary to the dwelling-house.
Exception for unsafe properties
32
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property —
a
which is unoccupied;
b
whose condition poses a serious risk to the health or safety of its potential occupants or visitors; and
c
where the manner in which the property is marketed suggests it is unsuitable for occupation in its condition.
Exception for properties to be demolished
33
1
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is clear from the manner in which the property is marketed that —
i
the dwelling-house which is or forms part of the property is suitable for demolition; and
ii
the resulting site is suitable for re-development;
b
all the relevant planning permissions, listed building consents; and conservation area consents exist in relation to the demolition; and
c
in relation to the re-development —
i
either outline planning permission or planning permission exists, or both; and
ii
where relevant, listed building consent exists.
2
In paragraph (1) (c) (i) , “outline planning permission” has the same meaning as in article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995 .
Exception – transitional arrangements
34
1
In this regulation, “transitional period” means the period starting with 1st June 2007 and ending with 31st December 2007.
2
This regulation applies in relation to a property where —
a
the property is put on the market by or on behalf of the seller before 1st June 2007;
b
action taken at any time during the period starting with 1st June 2006 and ending with 31st May 2007 by or on behalf of the seller, made public the fact that the property was on the market;
c
such action was taken with the intention of selling the property before 1st June 2007; and
d
such action was sustained to a reasonable extent after it was put on the market, during the period starting with 1st June 2006 and ending with 31st May 2007.
3
Subject to paragraph (5) , a person is not a responsible person in relation to a property to which this regulation applies, by virtue of action taken during the transitional period, by or on behalf of the seller, which makes public the fact that the property is on the market .
4
Subject to paragraph (5) , the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property to which this regulation applies, which is put back on the market during the transitional period —
a
after the seller had accepted an offer to buy the property (whether before, at or after 1st June 2007); and
b
within 28 days of that offer being withdrawn or its acceptance repudiated.
5
Paragraphs (3) and (4) cease to apply at the end of the transitional period.
PART 7 ENFORCEMENT
Amount of penalty charge
35
The amount of a penalty charge specified in a notice given to a person under section 168 of the 2004 Act (penalty charge notices) shall be £200.
Exclusion of penalty charge for content of pack documents
36
Section 168(1)(a) of the 2004 Act does not apply to a breach of a duty under section 155(1) or 159(2) of that Act to the extent that —
a
the content of a pack document, other than the home information pack index and the sale statement, fails to comply with any requirement of these Regulations; and
b
the responsible person believes on reasonable grounds that the document does comply with that requirement.
PART 8 APPROVED CERTIFICATION SCHEMES
Approval of certification schemes
37
The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that the scheme contains appropriate provision —
a
for ensuring that its members are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports;
b
for ensuring that its members have in force suitable indemnity insurance;
c
for facilitating the resolution of complaints against its members;
d
for requiring home condition reports made by its members to be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act;
e
for the keeping of a public register of its members; and
f
for requiring all members of all certification schemes as have been approved, to make home condition reports using a standard form for the type of dwelling-house which is or forms part of the property, which —
i
includes a statement of the procedures for the resolution of complaints against members;
ii
includes a statement of such procedures as maintained by the scheme for rectifying inaccuracies in a particular home condition report; and
iii
includes a numerical scale for rating the conditions within the property.
Terms of approved certification schemes
38
An approved certification scheme must contain provision —
a
for ensuring that its objects and activities are compatible with protecting, promoting and facilitating the reliability and trustworthiness of home condition reports and home inspectors, with particular reference to potential and actual buyers, sellers and mortgage lenders of residential properties;
b
for ensuring that the scheme produces and publishes a code as regards the conduct required of its members;
c
for the conduct of inspections of residential properties by its members; and
d
for ensuring that its members complete home condition reports complying with Schedule 10 using the standard form described in regulation 37(f) .
Withdrawal of approval from certification schemes
39
The Secretary of State may withdraw approval from one or more certification schemes —
a
with immediate effect; or
b
with written notice —
i
with effect from a date specified in the notice; or
ii
temporarily for a period specified in the notice.
PART 9 HOME CONDITION REPORT REGISTER
CHAPTER 1
Interpretation
Interpretation of this Part
40
1
In this Part —
“agent” includes a person who —
provides advice to another in a professional capacity; or
acts on behalf of another with their authority;
“automated valuation supplier” means a person who carries out valuations of properties for the purposes of their sale other than by means of a visual inspection of the property;
“keeper of the register” means the Secretary of State or persons keeping the register or any part of the register on behalf of the Secretary of State;
“primary disclosure” means one or more of the following disclosures —
an inspection of the register or a home condition report entered onto the register;
the taking or giving of electronic or paper copies of the register or a home condition report entered onto the register; or
the giving of information contained in or derived from the register or a home condition report entered onto the register;
“report reference number” means the number assigned to a home condition report in accordance with regulation 41 ;
“request” includes an electronic or automated request;
“register” means the register of home condition reports described in section 165 of the 2004 Act and further described in this Part, and includes parts of the register;
“secondary disclosure” means a disclosure of a home condition report or its contents where that information has been obtained by virtue of a primary disclosure; and
“seller” does not include former sellers.
2
In this Part, references to a home condition report include —
a
part of a home condition report; and
b
a summary or explanation of a home condition report.
3
In this Part, references to the obtaining, keeping or storing of a document or information include the obtaining, keeping or storing of such a document or information in any form.
4
In this Part, a disclosure includes —
a
a primary or secondary disclosure; and
b
leaving or storing information in a place where it may be visible to another person .
CHAPTER 2
ARRANGEMENTS FOR KEEPING THE REGISTER
Registration of home condition reports
41
Each home condition report entered onto the register —
a
shall be registered under a report reference number; and
b
shall not be altered once so registered.
Retention of home condition reports
42
1
Subject to paragraph (2) , a home condition report entered onto the register must be cancelled from the register in the event that a person operating an approved certification scheme informs the keeper of the register that there is an inaccuracy in the report.
2
Except in the circumstances described in paragraph (1) , a home condition report entered onto the register must be kept on the register for no less than 15 years from the date on which it is entered onto the register.
Restrictions on disclosure by the keeper of the register in pursuance of a seller’s instructions
43
1
This regulation applies to home condition reports entered onto the register for the purposes of the sale of the property interest by the seller.
2
A home inspector may inform the keeper of the register in writing, pursuant to the seller’s instruction, that the seller does not wish the keeper to make a primary disclosure of a home condition report to which this regulation applies, to —
a
all persons; or
b
all mortgage lenders or automated valuation suppliers.
3
Nothing in this Part authorises the primary disclosure of a home condition report in contravention of such an instruction.
Other registers
44
1
For the purposes of these Regulations and section 165 of the 2004 Act —
a
any other archive of home condition reports, or information obtained from a home condition report, is derived from the register whether or not obtained directly from the keeper of the register; and
b
the restrictions on disclosures or the permitted disclosures set out in Chapters 3 and 4 of this Part shall apply —
i
to such archives derived from the register as they apply to the register; and
ii
to the keeper of such an archive as they apply to the keeper of the register.
CHAPTER 3
DISCLOSURE - GENERAL PROVISIONS
Section 157 conditions
45
Nothing in this Part authorises a disclosure where the person who proposes to make the disclosure is aware that a condition exists under section 157(3) of the 2004 Act which prohibits the proposed disclosure.
Suspicion of unauthorised use
46
Nothing in this Part authorises a disclosure where the person who proposes to make a disclosure or requested to make a disclosure, believes that it is likely to result in a disclosure not authorised by this Part.
Commercial use by the keeper of the register
47
Nothing in this Part authorises the commercial use of the register by the keeper of the register, otherwise than in accordance with the provisions of this Part.
Responsibility for proving purposes of disclosure
48
Where this Part refers to the purposes of a disclosure, it shall be the responsibility of the person seeking the disclosure to prove those purposes to the satisfaction of the person from whom disclosure is sought.
Responsibility for proving agency
49
Where this Part authorises the disclosure to the agent of a person, it shall be the responsibility of the purported agent to prove the existence of an agency arrangement to the satisfaction of the person from whom the disclosure is sought.
Possession of report reference number
50
1
Before a primary disclosure authorised by this Part is made, the keeper of the register may require the person seeking the disclosure to provide the relevant report reference number.
2
The keeper of the register may presume that any person who is in possession of a report reference number is lawfully in possession of such a number, unless the contrary is proved.
CHAPTER 4
AUTHORISED DISCLOSURES
Internal processing of information
51
Any person may make a primary or secondary disclosure, where necessary for the purposes of processing information —
a
within a body of persons corporate or unincorporate;
b
between principal and agent;
c
between an employer and employee; or
d
in order to manage the register.
Sellers and their agents
52
1
The keeper of the register may make a primary disclosure to a seller or his agent.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove that he is the seller or his agent.
3
Where the home condition report to be disclosed was entered onto the register for the purposes of the sale of the property interest by that seller —
a
a seller may make a secondary disclosure to any person; and
b
the seller’s agent may make a secondary disclosure to a person only if the seller has authorised the agent to make that disclosure.
Potential buyers and their advisers
53
1
The keeper of the register may make a primary disclosure to an actual or potential buyer or his agent.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that he is an actual or potential buyer or his agent;
b
that the request relates to a home condition report for a property the buyer is genuinely interested in buying; or
c
that the request is made for the purposes of —
i
checking the authenticity of a home condition report; or
ii
checking whether any home condition reports not included in the home information pack have been completed for the purposes of the sale of the property interest by the seller.
Mortgage lenders or automated valuation suppliers
54
1
The keeper of the register may make a primary disclosure to a mortgage lender, an automated valuation supplier or their agents.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that they are a mortgage lender, automated valuation supplier or their agent;
b
that the request relates to a report for a property that the mortgage lender or automated valuation supplier has been asked to consider by or on behalf of an actual or potential buyer; or
c
that the request is made for the purposes of —
i
checking the authenticity of that report;
ii
valuing the property; or
iii
appraising the suitability of the property as security for mortgage or loan.
Approved certification schemes or complaints against home inspectors
55
1
The keeper of the register may make a primary disclosure to a person operating an approved certification scheme or a person dealing with complaints against home inspectors.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that they operate an approved certification scheme or deal with complaints against home inspectors;
b
that the request is made for the purposes of —
i
any complaint or disciplinary procedure relating to a home inspector; or
ii
monitoring or assessing the work of home inspectors; or
c
that any request made by a person operating an approved certification scheme is made for the purposes of replacing archives of home condition reports prepared by its members, which —
i
have been destroyed; and
ii
were kept (and will be kept) for monitoring or assessing the work of members of that scheme.
Enforcement officers
56
1
The keeper of the register may make a primary disclosure to an authorised officer of an enforcement authority.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that he is an authorised officer of an enforcement authority;
b
that the request is made for the purposes of the enforcement by enforcement authorities of —
i
the duties under sections 155 to 159 and 167(4) of the 2004 Act; or
ii
any duty imposed under section 172(1) of that Act.
Office of Fair Trading
57
1
The keeper of the register may make a primary disclosure to the Office of Fair Trading.
2
Before making a disclosure in accordance with paragraph (1) in response to a request, the keeper of the register may require the Office of Fair Trading to prove that the request is made for the purposes of the enforcement by the Office of Fair Trading of its functions under the Estate Agents Act 1979 or the 2004 Act.
Information from which no particular property is identifiable
58
Any person may make a primary or secondary disclosure where no particular property would be identifiable in doing so.
Disclosures for the purposes of the 2004 Act or these Regulations
59
Any person may make a primary or secondary disclosure for the purposes of —
a
section 156(1), (2) and (11) of the 2004 Act; or
b
regulations 6 , 7 , 10(a) and 25.
Prevention of crime
60
1
Any person may make a primary or secondary disclosure for the purposes of or to facilitate —
a
the prevention or detection of crime; or
b
the apprehension or prosecution of offenders.
Legal proceedings and court orders
61
1
Any person may make a primary or secondary disclosure for the purposes of —
a
the establishment, exercise or defence of legal rights; or
b
an order of a court.
CHAPTER 5
FEES
Fees
62
1
The fee prescribed under section 165(3) of the 2004 Act is £1.15 (one pound and fifteen pence).
2
No fee may be charged for a primary disclosure.
Ruth Kelly
Secretary of State
Department for Communities and Local Government
23rd March 2007


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Consular Fees (Amendment) Order 2007 and shall come into force on 4th October 2007.
2
Schedule 1 to the Consular Fees Order 2007 shall be amended as follows —
a
In Part 1, fee 6 (b) shall be replaced with the following —
(b) by photographic process, if the copy is made in the consular premises, for each page (with a minimum charge of £25) 5
b
In Part II, fee 12 shall be replaced with the following —
12. For applications made in the United Kingdom, issuing a passport of not more than 32 pages which includes replacing an expired passport, issuing a new passport of full validity when an original passport of restricted validity is unavailable, and issuing a new passport with amended personal details — (a) for applications made by post (i) where the applicant is aged 16 years or over 72 (ii) where the applicant is under 16 years old (for a passport valid for 5 years) 46 (b) for applications made in person (i) where the applicant is aged 16 years or over using the fast-track service 97 (ii) where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track service 81 (iii) where the applicant is aged 16 years or over using the fast-track collect service 109 (iv) where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track collect service 91 (v) where the applicant is aged 16 years or over using the premium service 114 (vi) where the applicant is under 16 years old (for a passport valid for 5 years) using the premium service 94
c
In Part II, fee 13 shall be replaced with the following —
13. For applications made in the United Kingdom, issuing a passport of 48 pages which includes replacing an expired passport, issuing a new passport of full validity when an original passport of restricted validity is unavailable and issuing a new passport with amended personal details — (a) for applications made by post in the United Kingdom 85 (b) for applications made in person in the United Kingdom (i) using the fast-track service 105 (ii) using the fast-track collect service 109 (iii) using the premium service 123
d
The following shall be inserted in Part IV, after Fee 30 (c) —
(d) naturalisation or registration records kept by a consular officer 72
e
In Part IV, in fee 30 “in addition to fee 29 where applicable” shall be replaced with the following —
in addition to fee 1(a) or 29 where applicable
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Block Transfers) (Permitted Membership Period) (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
Amendments to the Registered Pension Schemes (Block Transfers) (Permitted Membership Period) Regulations 2006
2
1
Regulation 2 of the Registered Pension Schemes (Block Transfers) (Permitted Membership Period) Regulations 2006 is amended as follows.
2
In paragraph (1) at the end insert “(“the prescribed period”)”.
3
For paragraph (2) substitute —
2
But in calculating the prescribed period, any period preceding the period of twelve months ending with the date on which the transfer is made is ignored if conditions A and B are met.
.
Mike Hanson
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Street Works (Inspection Fees) (England) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Preliminary
2
The Street Works (Inspection Fees) (England) Regulations 2002 shall be further amended as follows.
Amendment to regulation 3 (inspection fees)
3
In regulation 3, in paragraphs (1) and (8), for “£21.00” there shall be substituted “£24.00”.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
28th February 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007 and shall come into force on 1st December 2007.
2
This Order extends to England and Wales.
Standard powers and duties of community support officers
2
The provisions of Part 1 of Schedule 4 to the Police Reform Act 2002 mentioned in the Schedule to this Order shall apply to every person who under section 38 of that Act is designated as a community support officer (a “CSO”).
3
For the purposes of paragraph 1(3)(b) of Part 1 of Schedule 4 to the Police Reform Act 2002, a CSO is designated to enforce the following offences under paragraph 1 of Part 1 of Schedule 4 to that Act —
a
an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling;
b
an offence under section 87 of the Environmental Protection Act 1990 (offence of leaving litter); and
c
an offence under a dog control order within the meaning of section 55 of the Clean Neighbourhoods and Environment Act 2005.
Tony McNulty
Minister of State
Home Office
8th November 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Recovery of Benefits) (Amendment) Regulations 2007 and shall come into force on 12th March 2007.
Amendment of the Social Security (Recovery of Benefits) Regulations 1997
2
1
The Social Security (Recovery of Benefits) Regulations 1997 are amended as follows.
2
In regulation 2(1), (Exempted trusts and payments) after sub-paragraph (f) insert —
g
the UK Asbestos Trust established on 10th October 2006, for the benefit of certain persons suffering from asbestos-related diseases.
h
the EL Scheme Trust established on 23rd November 2006, for the benefit of certain persons suffering from asbestos-related diseases.
.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
7th February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Surcharge) Order 2007 and shall come into force on 1st April 2007.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003, and
“costs order” means a costs order made under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).
Cases in which the duty to order payment of the surcharge does not apply
2
1
Section 161A(1) of the 2003 Act (court’s duty to order payment of surcharge) does not apply in the cases prescribed in paragraph (2).
2
The cases referred to in paragraph (1) are those in which a court deals with a person for one or more offences other than only by —
a
imposing a fine, whether or not in addition to a costs order, or
b
imposing a fine and making a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders against convicted persons), whether or not in addition to a costs order.
Amount of surcharge
3
The amount specified for the purposes of section 161B(1) of the 2003 Act as the surcharge payable under section 161A of that Act is £15.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Home Office
5th March 2007


text:
Citation and Commencement
1
This Order may be cited as the Child Benefit Up-rating Order 2007 and shall come into force on 9th April 2007.
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 “£17.45” substitute “£18.10”; and
b
in sub-paragraph (b) for “£11.70” substitute “£12.10”.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2007


text:
PART 1
Introduction
Title, application and commencement
1
This Order may be cited as the Pigs (Records, Identification and Movement) Order 2007; it applies in England and comes into force on 6th April 2007.
Interpretation
2
In this Order —
“herdmark” has the meaning given in article 4(2);
“holding” means any establishment, construction or, in the case of an open air farm, any place in which pigs are held, kept or handled;
“keeper” means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs.
Notifications, etc.
3
Any notification, licence, authorisation or approval under this Order must be in writing, may be subject to conditions and may be suspended, amended or revoked in writing at any time.
PART 2
Records
Notification of holdings
4
1
An occupier of a holding who begins to keep pigs on that holding, and any person who takes over the occupation of a holding where pigs are kept, must notify the Secretary of State within one month of —
a
his name and address; and
b
the address of the holding.
2
When he receives notification under paragraph (1) the Secretary of State must issue an alpha-numeric code for each herd of pigs on the holding (the “herdmark”).
3
The occupier must notify the Secretary of State of any change to the information in paragraph (1) within one month.
Records
5
1
Within 36 hours of the movement of a pig on or off a holding, the keeper must complete the form in the Schedule.
2
At least once a year he must record the maximum number of pigs normally on the holding.
3
He must keep the records for at least 6 years.
PART 3
Identification
Ear tags and tattoos
6
1
An ear tag must be —
a
easy to read during the pig’s lifetime;
b
made of either metal or plastic or a combination of metal and plastic;
c
tamper-resistant;
d
incapable of re-use;
e
sufficiently heat-resistant that neither the ear tag nor the information printed or stamped on it can be damaged by the processing of the carcase following slaughter;
f
designed to remain attached to the pig without harming it.
2
A tattoo must be applied either by tattoo forceps, in which case it must be on an ear, or by slap-marking equipment, in which case it must be on each shoulder.
3
A keeper may mark a pig with any further information, or add further information to the ear tag or tattoo provided that the further information is clearly distinguished from the information required under this Order.
Identification of pigs moved off a holding
7
1
No person may move a pig off a holding unless it has —
a
an ear tag with the letters “ UK ” followed by the herdmark of the holding from which it is being moved; or
b
a tattoo showing that herdmark (with or without the letters “UK”).
2
In the case of a market —
a
the pig may be moved off if it is marked with the herdmark of the holding from which it arrived;
b
if the pig is not correctly identified when it arrives at a market, a keeper may correct the identification so that it is identified with the holding from which it arrived, but if he does not do so it may only be returned to the holding it came from.
Exception for a pig less than one year old
8
1
Article 7 does not apply in relation to a pig less than one year old provided that it is identified with a temporary mark that —
a
either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified; and
b
lasts until the pig reaches its destination.
2
This exception does not apply in relation to a pig being moved —
a
to a market;
b
to a slaughterhouse;
c
for the purposes of intra-Community trade or export; or
d
to a show, etc. in accordance with article 10.
Additional requirements for export
9
No person may move a pig off a holding for the purposes of intra-Community trade or export unless it has an ear tag or tattoo with the letters “UK” followed by a herdmark and a unique individual identification number.
Additional requirements for movements of pigs to shows, etc.
10
No person may move a pig off a holding —
a
to a show or exhibition; or
b
for breeding purposes with the intention of returning the pig to the holding from which it was moved,
unless it is marked in accordance with article 7 and, in addition, with an identification mark that includes a unique individual identification number.
Identification of pigs moved on to a holding from outside the European Union
11
1
Any person importing a pig from outside the European Union must apply an ear tag or a tattoo to the pig containing the following information, in the following order —
a
the letters “UK”;
b
the herdmark of the herd into which the imported pig is introduced;
c
any other information, if the keeper wishes to apply such information; and
d
the letter “F”.
2
The ear tag or tattoo must be applied to the pig within 30 days of its arrival at the holding of destination, and in any event, before it is moved from that holding.
PART 4
Movements
Movement of pigs
12
1
Any person transporting pigs must carry a document, signed by the keeper, that specifies —
a
the address, including postcode and CPH number of the holdings from and to which the pigs are being moved;
b
the date of the movement;
c
the number of pigs that the document covers;
d
the identification mark of each of the pigs moved (in the case of a movement specified in article 9 or 10, this must include the unique individual identification number required by those articles); and
e
in the case of a movement from a market, the lot numbers of the pigs being moved.
2
He must give the document referred to in paragraph (1) to the keeper at the holding of destination, who must keep it for at least 6 months.
3
The keeper at the holding of destination must, within 3 days of the arrival of the pigs, send a copy of the document referred to in paragraph (1) to the local authority.
4
The keeper of pigs being moved outside England must send a copy of the document referred to in paragraph (1) to the local authority for the consigning holding.
5
In this article “CPH number” means the county parish holding number assigned to a holding or part of a holding by the Secretary of State.
Walking licences for pet pigs
13
The Secretary of State may grant a walking licence to a keeper of a pet pig allowing him to take the pig for a walk off the holding without complying with article 5 or 12, but the person walking the pig must carry a copy of the licence throughout the walk.
Approved holdings
14
1
The Secretary of State may approve a holding for the purposes of movements of pigs intended for breeding or growing.
2
The approval must specify which holdings pigs may be moved from and which holdings they may be moved on to.
3
A movement of pigs between holdings approved under this article does not trigger the standstill period in the Disease Control (England) Order 2003 .
PART 5
Miscellaneous
Removing or defacing an identification mark
15
No person may, unless authorised by the Secretary of State, remove or deface an ear tag or tattoo applied under this Order.
Replacement of an identification mark
16
1
No person may, unless authorised by the Secretary of State, replace an identification mark applied or attached under this Order unless it has —
a
become illegible;
b
been removed for welfare reasons; or
c
been lost.
2
Any person replacing an identification mark must either —
a
apply an identical identification mark; or
b
apply a new identification mark and cross-refer the new identification mark with the original identification mark in the record kept under article 5.
Production of documents and records
17
An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.
Enforcement
18
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.
Revocations
19
The Pigs (Records, Identification and Movement) Order 2003 is revoked.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
21st February 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007, and shall come into force —
a
for the purposes of regulations 1 and 2(1) and (3)(m) and (n) on 1st August 2007; and
b
for all other purposes on 1st September 2007.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In regulation 1(3), after the definition of the 2005 Act insert —
“the Gambling Act Order ” means the Gambling Act 2005 (Commencement No 6 and Transitional Provisions) Order 2006 ( S.I. 2006/3272 );
.
3
In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
at the end of the entry in column (2) relating to item 6 insert —
as saved for certain purposes by article 3(3)(c) of the Gambling Act Order.
;
b
at the end of the entry in column (2) relating to item 7 insert —
as saved for certain purposes by article 3(3)(d) and (4) of the Gambling Act Order.
;
c
at the end of the entry in column (2) relating to item 8 insert —
as saved for certain purposes by article 3(3)(e) of the Gambling Act Order.
;
d
at the end of the entry in column (2) relating to item 9 insert —
as saved for certain purposes by article 4(2)(l) and (m) of the Gambling Act Order.
;
e
at the end of the entry in column (2) relating to item 10 insert —
as saved for certain purposes by article 5(2)(a) and (3) of the Gambling Act Order.
;
f
at the end of the entry in column (2) relating to item 11 insert —
as saved for certain purposes by article 5(2)(d) and (5) of the Gambling Act Order.
;
g
in column (1), after item 14A insert —
14AA Duty to comply with requirement to provide information to Gambling Commission.
;
h
in column (2), in relation to the entry in column (1) for item 14AA insert —
Section 29 of the Gambling Act Order.
;
i
in column (1), after item 14AA insert —
14AB Functions relating to exchange of information.
;
j
in column (2), in relation to the entry in column (1) for item 14AB insert —
Section 30 of the 2005 Act.
;
k
in column (1), after item 14AB insert —
14AC Functions relating to occasional use notices.
;
l
in column (2), in relation to the entry in column (1) for item 14AC insert —
Section 39 of the 2005 Act.
;
m
in column (1), after item 14C insert —
14CA Power to make order disapplying section 279 or 282(1) of the 2005 Act in relation to specified premises.
;
n
in column (2), in relation to the entry in column (1) for item 14CA —
Section 284 of the 2005 Act.
;
o
in the entry in column (1) for item 14E omit —
for offences under section 342 of the 2005 Act
;
p
in column (1), after item 14F insert —
14G Functions relating to the registration and regulation of small society lotteries.
; and
q
in column (2), in relation to the entry in column (1) for item 14G insert —
Part 5 of Schedule 11 to the 2005 Act.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
10th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Child Tax Credit (Amendment) Regulations 2007 and shall come into force on 16th August 2007.
The Child Tax Credit Regulations 2002
2
The Child Tax Credit Regulations 2002 shall be amended as follows.
3
In regulation 3 (circumstances in which a person is or is not responsible for a child or qualifying young person), in paragraph (1) –
a
in Case A of Rule 4 omit the sentence beginning “This Case shall not apply”, and
b
after Rule 4.1 insert –
4.2
Where a child or qualifying young person is in residential accommodation referred to in regulation 9 of the Child Benefit (General) Regulations 2006 and in the circumstances prescribed in paragraphs (a) or (b) of that regulation, he shall be treated as being the responsibility of any person who was treated as being responsible for him immediately before he entered that accommodation.
4
In regulation 5 (maximum age and prescribed conditions for a qualifying young person) –
a
in paragraph (3)(ab), after “training” insert “, is enrolled or has been accepted to undertake such training,”;
b
in paragraph (3A), at the end insert “, or he enrolled or was accepted to undertake that course before he attained that age”; and
c
in paragraph (5), omit “, and shall include” to the end of the paragraph.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) Regulations 2007.
2
These Regulations, except regulation 4, come into force on 27th March 2007.
3
Regulation 4 comes into force on the coming into force of regulations made under section 18 of EIA 2006 .
4
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998.
“EIA 2006” means the Education and Inspections Act 2006;
“admission forum protocol” means an arrangement of the admission forum which aims to ensure that children who have no school place are offered a place at a suitable school as quickly as possible, and which applies to all admission authorities and Academies within the area of a local education authority which have agreed to comply with such an arrangement;
“admission number” means the number of children in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 89A(1) ;
“indicated admission number” means the number of pupils in any relevant age group referred to as such and determined in accordance with the net capacity assessment method set out in the guidance, Assessing the Net Capacity of Schools, issued by the Department for Education and Skills in August 2002 ;
“oversubscription criteria” means the criteria to be used to allocate places at a school if the admission authority receives more applications than there are places available; and
“School Admission Code” means any code for school admissions issued under section 84.
2
Save where otherwise appears, any reference in these Regulations to a numbered section is a reference to that section of SSFA 1998.
Revocation of Regulations
3
The Regulations set out in Schedule 1 are revoked.
Part 1 Restriction on alteration of admission arrangements following establishment or expansion
Restriction on alteration of admission arrangements following establishment or expansion
4
1
For the purposes of section 89D(1)(d) the prescribed condition is that the proposals are not for the establishment of, or alteration to, a new foundation or voluntary school which is to provide education suitable only to the requirements of persons above compulsory school age.
2
Where section 89D(2) applies in relation to a maintained school, the admission arrangements for the initial period and the period prescribed by paragraph (3) are to be the arrangements which fall to be implemented in accordance with the proposals or in accordance with the proposals as modified.
3
For the purposes of section 89D(2)(a) the prescribed number of school years is two (“the prescribed period”).
4
Section 89(1) and (2) to (10) does not apply to admission authorities for maintained schools to which section 89D applies, for school years falling within the initial period and the prescribed period.
5
For the purposes of section 86(5) to (5B) the admission arrangements of all maintained schools to which section 89D applies that fall to be implemented in accordance with the proposals (with or without modifications) are, during the initial period and the prescribed period, to be treated as having been determined under section 89.
6
For the purposes of section 89D(5) the prescribed circumstances are that there has been a major change in circumstances since the date when the admission arrangements were determined .
7
At any time before the end of the prescribed period, upon the making of a reference by the admission authority (pursuant to section 89D(5) and paragraph (6)), the adjudicator may vary the admission arrangements.
8
Where the adjudicator decides that the admission arrangements must be varied pursuant to paragraph (7), his decision is to be binding until the end of the prescribed period.
Part 2 Variation of admission arrangements
Variation of admission arrangements
5
1
This regulation prescribes for the purposes of section 89(8)(e) the circumstances, in addition to the circumstances set out in section 89(5), in which an admission authority may vary the admission arrangements they have determined for a particular school year.
2
An admission authority may vary its admission arrangements to the extent that such variation is necessary to give effect to an admission forum protocol.
3
An admission authority may vary its admission arrangements under which pupils are to be admitted to the school in the school year 2008-09 and in subsequent years to the extent that such variation is necessary to give effect to any mandatory requirements of —
a
the School Admissions Code; or
b
Part 3 of SSFA 1998 (school admissions).
Part 3 Objections to admission arrangements
Cases where an objection may not be referred
6
1
This regulation prescribes the description of objections that, by virtue of section 90(1)(c), may not be referred under subsection 90(1).
2
An objection may not be referred under that subsection —
a
if the substance of the objection is to seek an alteration to admission arrangements —
i
for a grammar school (which by virtue of section 104(4) may only be made in accordance with sections 105 to 109),
ii
in respect of which section 90 is excluded from applying by virtue of section 103(1) and (2) (permitted selection: introduction, variation or abandonment of provision for such selection which constitutes a prescribed alteration) , or
iii
except where sub-paragraph (ii) applies, which would constitute a prescribed alteration; or
b
in any case where the body seeking to make an objection are the governing body of a community or voluntary controlled school, responsibility for determining the admission arrangements for the school not having been delegated to them under section 88(1)(a)(ii), and the objection is to —
i
the admission arrangements for any other community or voluntary controlled school in the relevant area (as defined in section 89(3)) for which the local education authority are the admission authority, or
ii
the admission arrangements for the school for which they are the governing body, unless the substance of the objection relates to the determination of any admission number for that school.
3
For the purposes of paragraph (2) a “prescribed alteration” is a prescribed alteration for the purposes of section 18 of EIA 2006 or, until that section comes into force, a prescribed alteration for the purposes of section 28.
Time within which objection must be referred
7
1
Subject to paragraph (3), an objection may not be referred under section 90(1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting admission authority of the notification required by virtue of section 89(4)(b) .
2
Subject to paragraph (3), an objection may not be referred under section 90(2) unless —
a
in the case of an objection made by an individual within regulation 8(a) or (b), it is received by the adjudicator within 6 weeks after the date on which notice of the determination of the relevant admission arrangements was first published in a newspaper in the manner required by regulations under section 89; or
b
in the case of an objection made by an individual within regulation 8(c), it is received by the adjudicator within 6 weeks after the date on which a notice, stating that such an individual is able to refer an objection, was first published in the manner required by regulations under section 89.
3
An objection which is received after the end of the period specified in paragraph (1) or (2) is to be regarded as properly referred if it was not reasonably practicable for the objection to have been received earlier than the time it was received.
Parents who are eligible to refer an objection
8
For the purposes of section 90(2)(b) the description of a parent who may refer an objection relating to admission arrangements under that sub-section is an individual who is —
a
where the objection falls within regulation 9(1)(a), the parent of a child of compulsory school age receiving primary education;
b
where the objection falls within regulation 9(1)(b), the parent of a child who has attained the age of two but has not attained the age of five or whose child is of compulsory school age, receiving primary education; or
c
where the objection falls within regulation 9(1)(c), the parent of a child who has attained the age of two but is not above compulsory school age and who has been, is, or will be eligible to apply to the school whose admission arrangements are the subject of the objection;
and, in the case of the matters referred to in either paragraph (a) or (b), is resident in the relevant area for which consultation under section 89(2)(b) relating to those admission arrangements applies.
Objections that may be referred by parents
9
1
For the purposes of section 90(2)(c) the description of objection that may be referred under that subsection is —
a
an objection relating to pre-existing selection arrangements;
b
an objection relating to an admission number for any relevant age group which is lower than the indicated admission number for that age group; or
c
an objection that any aspect of a school’s admission arrangements does not comply with any mandatory requirements in the School Admissions Code or Part 3 of SSFA 1998 (school admissions).
2
For the purposes of this regulation “pre-existing selection arrangements” means any provision in the admission arrangements for a school —
a
for the selection of pupils by ability or by aptitude within the meaning of section 99(5);
b
which were included in the admission arrangements for the school at the beginning of the school year 1997/98 and for each subsequent school year; and
c
which depend solely for their lawfulness on section 100 .
3
For the purposes of paragraph (2)(c) selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by section 99(2)(c) (sixth forms), section 101 (pupil banding), section 102 (aptitude for particular subjects), or section 39(1)(b) of EIA 2006 (grammar schools) .
Condition to be met before determination of objections by parents
10
1
In relation to objections that fall within regulation 9(1)(b), the condition in paragraph (2) must be satisfied before the adjudicator or, as the case may be, the Secretary of State is required to determine an objection referred by a parent under section 90(2).
2
The condition is that not less than ten parents who satisfy the requirement in regulation 8 have referred objections under section 90(2) (or one or more such objections jointly) which —
a
are about the same admission arrangements; and
b
raise the same or substantially the same issue.
Information to be provided by the admission authority
11
Where the adjudicator or the Secretary of State is carrying out his functions under section 90 and makes a request to the admission authority for any of the information set out in Schedule 2, the admission authority must provide the requested information to the adjudicator or the Secretary of State.
Publication of reports
12
Reports by the adjudicator or the Secretary of State required by section 90(5B) —
a
must be provided to the parties to the objection and to all other bodies whom the admission authority were required to consult under section 89(2), or would but for section 89(2A) have been required so to consult about the proposed admission arrangements; and
b
in the case of an objection relating to —
i
pre-existing selection arrangements within the meaning of regulation 9(2), or
ii
an admission number which is lower than the indicated admission number,
whether or not the objection was referred by a parent, must be published in a newspaper circulating in the area served by the school in question within 14 days after the date when the decision on the objection was made.
Power to alter arrangements following decision on an objection
13
1
This regulation applies where —
a
the adjudicator or the Secretary of State has made a decision upholding to any extent an objection to admission arrangements determined by an admission authority; and
b
a relevant admission authority reasonably believe that the arrangements which they have determined are, so far as material —
i
the same as those arrangements, or
ii
sufficiently similar for the same decision to have been made against them had an objection been made.
2
In a case where this regulation applies, the relevant admission authority may revise their admission arrangements by making such alterations as are necessary to achieve consistency with the decision, and may determine their arrangements in that revised form.
3
Any such determination may only be made if —
a
such arrangements are made within two months of the date on which the report was published in accordance with regulation 12(b); and
b
the relevant authority have informed each admission authority whom they were required to consult under section 89(2), or would but for section 89(2A) have been required so to consult, about the admission arrangements which they are seeking to revise under this regulation.
4
In this regulation “relevant admission authority” means an admission authority who, before they determined the admission arrangements that they wish to revise, were required to consult under section 89(2), or would but for section 89(2A) have been required to consult the admission authority against whom the decision was made.
Restriction on alteration of admission arrangements following adjudicator’s decision
14
1
For the purposes of section 90A(2) and (3)(a) the required number of school years is two.
2
Section 89(1) and (2) to (10) does not apply to admission authorities for maintained schools to which section 90A applies, in respect of admission arrangements that are part of the adjudicator’s decision to uphold an objection or make a modification pursuant to section 90 (8).
3
For the purposes of section 90A(6) the prescribed circumstances are that there has been a major change in circumstances since the beginning of the period prescribed by paragraph (1).
4
On the making of a reference by the admission authority (pursuant to section 90A(6) and paragraph (3)), the adjudicator may vary the admission arrangements.
5
Where the adjudicator decides that the admission arrangements must be varied his decision is to be binding.
Jim Knight
Minister of State
Department for Education and Skills
26th February 2007