text:
Citation, Commencement and Interpretation
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2008 and come into force on 1st September 2008.
2
In these Regulations “the Principal Regulations ” means the Education (Mandatory Awards) Regulations 2003 .
Revocation
3
The following provisions of the Education (Mandatory Awards) (Amendment) Regulations 2007 are revoked —
a
regulation 13; and
b
the Schedule.
Amendment of the Principal Regulations
4
The Principal Regulations are amended in accordance with these Regulations.
5
1
Regulation 2 is amended as follows.
2
In the definition of “new academic term” for “2007” substitute “2008”.
3
For the definition of “new payment” substitute —
“new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations ( No. 2) 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005, the Education (Mandatory Awards) (Amendment) Regulations 2006, the Education (Mandatory Awards) (Amendment) Regulations 2007, and the Education (Mandatory Awards) (Amendment) Regulations 2008;
.
4
For the definition of “old payment” substitute —
old payment” means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005, the Education (Mandatory Awards) (Amendment) Regulations 2006 and the Education (Mandatory Awards) (Amendment) Regulations 2007 if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2008
;.
6
1
Regulation 7 is amended as follows.
2
In paragraph (1)(a) and (b) for “2006” wherever it occurs, substitute “2007”.
7
1
Schedule 1 is amended as follows.
2
For paragraph (e)(iii) substitute —
iii
in the case of a course at the University of Buckingham, £2,975 payable in four instalments of £744, £744, £744 and £743;
.
8
1
Schedule 3 is amended as follows.
2
In paragraph 4(4) for “the Education (Student Support) Regulations 2007” substitute “the Education (Student Support) Regulations 2008 ”.
9
The figures in the third column of the table in the Schedule to these Regulations are substituted for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column of the table.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
9th June 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 and come into force on 1st October 2008.
2
These Regulations extend to England and Wales only.
Additional European protected species
2
In Schedule 2 (European protected species of animals) to the Conservation (Natural Habitats &c.) Regulations 1994 , insert the following entries in the appropriate place —
Frog, Pool Rana lessonae
Moth, Fisher’s Estuarine Gortyna borelii lunata
Snail, Lesser Whirlpool Ram’s-horn Anisus vorticulus
.
Consequential amendment to the Conservation (Natural Habitats &c.) Regulations 1994
3
In regulation 39 (protection of certain wild animals) of the Conservation (Natural Habitats &c.) Regulations 1994, in paragraph (6)(a)(i), omit the words “ Gortyna borelii lunata (Fisher’s estuarine moth),”.
Consequential amendment to the Wildlife and Countryside Act 1981
4
In Schedule 5 (animals which are protected) to the Wildlife and Countryside Act 1981 , after “Moth, Fisher’s Estuarine” insert “(in respect of section 9(4)(b) and (c) and (5) only)”.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th August 2008
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
12th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Recovery of Taxes etc Due in Other Member States (Amendment of section 134 of the Finance Act 2002) Regulations 2008.
2
These Regulations come into force on 28th November 2008.
Amendment of the definition of Mutual Assistance Recovery Directive
3
In section 134 of the Finance Act 2002 —
a
for subsection (2) substitute —
2
The “Mutual Assistance Recovery Directive” means Council Directive 2008/55/ EC
, and
b
omit subsection (2A).
Transitional measures relating to recovery of taxes etc due in other member States
4
Any outstanding request for assistance made by a member State in accordance with Council
Directive 76/308/ EEC is to be treated on or after 28th November 2008 as if it had been made
under Council Directive 2008/55/EC .
Revocation
5
The Recovery of Taxes etc Due in Other Member States (Amendment of section 134 of the Finance Act 2002) Regulations 2005 are revoked.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2008


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Pension Compensation Cap) Order 2008 and shall come into force on 1st April 2008.
The compensation cap
2
The amount specified for the purposes of paragraph (a) of the definition of “the compensation cap” in paragraph 26(7) of Schedule 7 to the Pensions Act 2004 (pension compensation provisions – compensation cap) shall be £30,856.35.
Revocation
3
The Pension Protection Fund (Pension Compensation Cap) Order 2007 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th March 2008


text:
Citation
1
This Order may be cited as the Greater London Authority Act 2007 (Commencement No. 5) Order 2008.
Provision coming into force
2
Section 38 of the Greater London Authority Act 2007, in so far as it is not already in force , comes into force on 24th July 2008.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd July 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Involvement Networks (Amendment) Regulations 2008.
2
These Regulations shall come into force on 1st September 2008.
Amendment of regulation 7 of the Local Involvement Networks Regulations 2008
2
In the Local Involvement Networks Regulations 2008 , in regulation 7 (relevant time), in paragraph (a), for “30th September 2008” substitute “31st December 2008”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
11th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2008 and shall come into force on 13th July 2008.
Amendment to regulation 20 (fees for examinations)
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(e)(i) 80.00 84.00 20(1)(e)(ii) 56.00 59.00 20(1)(ea)(i) 80.00 84.00 20(1)(ea)(ii) 56.00 59.00 20(2A) 46.00 48.00 34.00 35.00
3
In the Table in paragraph (4), for each amount specified in column (1) of the Table below, substitute the amount specified in column (2).
Table
(1) (2) (1) (2) (1) (2 Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£)
53.00 55.00 92.00 96.00 56.00 59.00 75.00 78.00 138.00 144.00 90.00 94.00 60.00 63.00 37.00 38.00 68.00 71.00 82.00 86.00 54.00 55.00 102.00 106.00 80.00 84.00 44.00 46.00 126.00 132.00 61.00 63.00
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Zero-Carbon Homes Relief) (Amendment) Regulations 2008 and shall come into force on 13th August 2008.
2
Subject to paragraph (3), the Regulations shall have effect from 13th August 2008.
3
The amendments made by regulation 2(4) shall have effect in relation to acquisitions —
a
made on or after 1st October 2007, and
b
before 1st October 2012.
Amendments to the Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007
2
1
Regulation 6 of the Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007 (certification) is amended as follows.
2
After regulation 6(1) insert —
1A
The accredited assessor may charge a reasonable fee in respect of the assessment of the dwelling in accordance with regulation 5(3) and production of a zero-carbon home certificate.
.
3
In regulation 6(2)(a)(i) omit “of the building”.
4
In regulation 6(4) in the definition of “relevant time” —
a
in paragraph (a) omit the word “and”, and
b
at the end of paragraph (b) insert —
, and
c
in respect of a first acquisition of a zero-carbon home, which is part of a building constructed for use as a single dwelling, occurring before 13 August 2008, as soon as practicable following that date.
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
PART 1 General
Citation, commencement and extent
1
1
These Regulations may be cited as the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 and shall come into force on 1 October 2008.
2
These Regulations do not apply to Northern Ireland.
Interpretation
2
1
In these Regulations
“ the Act ” means the Consumers, Estate Agents and Redress Act 2007;
“ the Authority ” means the Gas and Electricity Markets Authority established by section 1 of the Utilities Act 2000 ;
“complaint” means any expression of dissatisfaction made to an organisation, related to any one or more of its products, its services or the manner in which it has dealt with any such expression of dissatisfaction, where a response is either provided by or on behalf of that organisation at the point at which contact is made or a response is explicitly or implicitly required or expected to be provided thereafter;
“complainant” means a person making a consumer complaint;
“complaints handling procedure” means a procedure which complies with Regulation 3 and which sets out how a consumer complaint can be made to, and will be handled and progressed by, each regulated provider;
“consumer complaint” means a complaint, other than a network outage report, which is made against a regulated provider either (a) by a person in that person’s capacity as a relevant consumer in relation to that regulated provider; or (b) by a person acting on behalf of such a relevant consumer;
“consumer complaints report” means the report which is to be prepared and published in accordance with Regulation 11;
“ Consumer Direct ” means the body of that name which is funded by the Office of Fair Trading to provide a consumer advice helpline;
“ the Council ” means the National Consumer Council established by section 1 of the Act;
“domestic consumer” means a person supplied or requiring to be supplied with gas or electricity at domestic premises (but excluding such person insofar as he is supplied or requires to be supplied with gas or electricity at premises other than domestic premises);
“domestic premises” means premises at which a supply of gas or electricity is taken or to be taken wholly or mainly for domestic purposes;
“existing consumer complaint” means a consumer complaint which has been received by a regulated provider and whose details have been or should have been recorded by that regulated provider in accordance with Regulation 4(1);
“micro business consumer” means any person, other than a domestic consumer, who a regulated provider knows or, acting reasonably, considers falls within the description of consumers who are covered by a Section 47 Order ;
“network outage” means an interruption to a relevant consumer’s supply of gas or electricity;
“network outage report” means a complaint or other contact made by a relevant consumer or a person acting on behalf of a relevant consumer to a regulated provider where that complaint or contact consists wholly or primarily in the reporting to that regulated provider of the existence of a network outage;
“Office of Fair Trading” means the body of that name which is established by section 1 of the Enterprise Act 2002 ;
“qualifying redress scheme” means a redress scheme which is approved by the Authority in accordance with section 49 of the Act or which is administered and designated in accordance with section 47(1)(b) of the Act;
“regulated provider” means any one or more of the following as the context requires:
a person holding a licence under section 7A(1) of the Gas Act 1986 ;
a person holding a licence under section 7(2) of the Gas Act 1986 ;
a person holding a licence under section 6(1)(d) of the Electricity Act 1989 ;
a person holding a licence under section 6(1)(c) of the Electricity Act 1989;
“relevant consumer” means any one or more of the following as the context requires:
a person who is a domestic consumer or a micro business consumer in relation to gas supplied by a regulated provider;
a person who is a domestic consumer or a micro business consumer in relation to electricity supplied by a regulated provider;
a person who is a domestic consumer or a micro business consumer in relation to services provided by a regulated provider;
“resolved complaint” means a consumer complaint in respect of which there remains no outstanding action to be taken by the regulated provider and which has been resolved to the satisfaction of the relevant consumer who made that consumer complaint or on whose behalf that consumer complaint was made;
“section 12 and 13 complaint” means a complaint to which any one or more of section 12(3), section 12(4), section 13(2) or section 13(3) of the Act applies or apply;
“Section 47 Order” means an Order which has been made by the Secretary of State in accordance with section 47 of the Act and which is in effect;
“specified time period” means the time period specified in a qualifying redress scheme as the maximum time period that a regulated provider has to resolve a consumer complaint before the relevant consumer who made that consumer complaint, or on whose behalf that consumer complaint was made, becomes entitled to refer that consumer complaint to a qualifying redress scheme;
“vulnerable consumer” means a person who is vulnerable for the purposes of section 12(2) of the Act; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 ;
PART II Standards for handling consumer complaints
Regulated providers’ complaints handling procedure
3
1
A regulated provider must have in place at all times a complaints handling procedure.
2
Each regulated provider must comply with its complaints handling procedure in relation to each consumer complaint it receives.
3
Each regulated provider’s complaints handling procedure must:
a
be in plain and intelligible language;
b
allow for consumer complaints to be made orally (by telephone or in person at the regulated provider’s business premises) or in writing (including by email);
c
allow for consumer complaints to be progressed through each stage of the complaints handling process orally (by telephone or in person at the regulated provider’s business premises) or in writing (including by email);
d
describe the steps which the regulated provider will take with a view to investigating and resolving a consumer complaint and the likely timescales for each of those steps;
e
provide for an internal review of an existing consumer complaint where a complainant indicates that they would like such a review to occur because they are dissatisfied with the handling of that consumer complaint;
f
inform relevant consumers of the names and contact details of the main sources of independent help, advice and information that are available to them. For these purposes a source of help, advice and information shall be independent if it is independent of regulated providers, a qualified redress scheme and the Authority;
g
describe the relevant consumer’s right to refer a consumer complaint to a qualifying redress scheme:
i
on and from the point at which the regulated provider notifies the relevant consumer in writing that it is unable to resolve the consumer complaint to the relevant consumer’s satisfaction; and
ii
after the expiry of the specified time period; and
h
set out the different remedies that may be available to a relevant consumer under the complaints handling procedure in respect of a consumer complaint, which remedies must include:
i
an apology;
ii
an explanation;
iii
the taking of appropriate remedial action by the regulated provider; and
iv
the award of compensation in appropriate circumstances.
4
Those regulated providers who hold a licence under:
a
section 7A(1) of the Gas Act 1986; or
b
section 6(1)(d) of the Electricity Act 1989,
must include in their complaints handling procedure as a remedy the award of compensation to domestic consumers, in appropriate cases, where the domestic consumer has been adversely affected by a failure of that regulated provider to comply with its obligations under, respectively, standard condition 25 (Marketing gas to domestic customers) of the Standard Conditions of the Gas Supply Licence or standard condition 25 (Marketing electricity to domestic customers) of the Standard Conditions of the Electricity Supply Licence.
Recording complaints upon receipt
4
1
Upon receipt of a consumer complaint a regulated provider must record in a written, electronic format the following details:
a
the date that the consumer complaint was received;
b
whether the consumer complaint was made orally or in writing;
c
the identity and contact details of the relevant consumer making the consumer complaint or on whose behalf the consumer complaint is made;
d
where the regulated provider who receives the consumer complaint holds a licence under section 7A(1) of the Gas Act 1986 or under section 6(1)(d) of the Electricity Act 1989 or both, the account details of the relevant consumer making the consumer complaint or on whose behalf the consumer complaint is made;
e
a summary of the consumer complaint;
f
a summary of any advice given or action taken or agreed in relation to the consumer complaint;
g
whether the consumer complaint has become a resolved complaint and, if so, the basis upon which the regulated provider considers that the consumer complaint is a resolved complaint; and
h
the method for future communication (if any) that has been agreed with the complainant.
2
Where any subsequent contact is made with the regulated provider in relation to an existing consumer complaint that regulated provider must, upon receipt of that subsequent contact, record:
a
the date of that contact;
b
whether the subsequent contact was made orally or in writing;
c
whether the complainant making the subsequent contact is the same complainant as, or different to, the complainant who made the original contact regarding an existing consumer complaint and, where different, the identity and contact details of the complainant making the subsequent contact;
d
a summary of that contact;
e
a summary of any advice given or action taken or agreed in response to any points raised in that contact;
f
whether the consumer complaint has become a resolved complaint and, if so, the basis upon which the regulated provider considers that the consumer complaint is a resolved complaint; and
g
the method for future communication (if any) that has been agreed with the complainant.
3
All details recorded in accordance with paragraph (2) must be clearly linked to an existing consumer complaint.
4
For the purposes of paragraphs (1) and (2) and Regulation 5, a consumer complaint or any subsequent contact shall be treated as having been received by a regulated provider:
a
where the consumer complaint or subsequent contact is made orally (by telephone or in person at the regulated provider’s business premises), at the time at which it is received by that regulated provider;
b
where the consumer complaint or subsequent contact is made in writing (including by email) and it is received before 1700 hours on a working day, on the working day that it is received by that regulated provider;
c
where the consumer complaint or subsequent contact is made in writing (including by email) and it is received by the regulated provider after 1700 hours on a working day or at any time on a day that is not a working day, on the first working day immediately following the day upon which it is received by that regulated provider.
5
Where a complainant claims to have made a consumer complaint in respect of a matter but it is not possible to identify a relevant existing consumer complaint, the regulated provider must record the fact that it is unable to trace the existing consumer complaint.
6
Where a regulated provider has recorded that a consumer complaint is a resolved complaint but subsequent contact from a complainant in relation to that consumer complaint indicates that it is not a resolved complaint, the regulated provider:
a
must record details of this change in the consumer complaint’s status in its recording system;
b
must as soon as reasonably practicable after becoming aware of the fact that the consumer complaint is not a resolved complaint:
i
direct the complainant to the complaints handling procedure on its website; and
ii
offer to provide a copy of the complaints handling procedure to the complainant free of charge;
c
must take account of that consumer complaint in any report which it is obliged to prepare and publish in accordance with Regulation 11; and
d
shall not otherwise be entitled to treat that consumer complaint as a resolved complaint for the purposes of these Regulations until that consumer complaint is demonstrably a resolved complaint.
Recording handling of complaints
5
1
In addition to recording information in accordance with Regulation 4, each regulated provider must keep a written, electronic record of the matters specified in paragraph (2) below for each consumer complaint which it receives where that consumer complaint has not become a resolved complaint by the end of the working day after the day on which the consumer complaint was first received by that regulated provider.
2
The matters which must be recorded in accordance with paragraph (1) are:
a
the steps the regulated provider has taken in response to each such consumer complaint, including any steps it has taken to resolve that consumer complaint;
b
the date (if any) upon which any such consumer complaint became a resolved consumer complaint;
c
the date (if any) upon which the specified time period expired; and
d
the date (if any) upon which the relevant consumer who made the consumer complaint, or on whose behalf the consumer complaint was made, was informed of their right to refer that consumer complaint to a qualifying redress scheme in accordance with Regulation 6(3).
Signposting consumers to the redress scheme if complaints cannot be resolved
6
1
The regulated provider must send a relevant consumer a written notice informing that relevant consumer of the matters addressed at paragraph (2) in the circumstances described at paragraph (3).
2
A notice sent in accordance with paragraph (1) must notify the relevant consumer:
a
of their right to refer the consumer complaint to a qualifying redress scheme;
b
that the qualifying redress scheme process is independent of the regulated provider;
c
that the qualifying redress scheme process is free of charge to the relevant consumer and to any other category of complainant;
d
of the types of redress that may be available under a qualifying redress scheme; and
e
that any outcome of the qualifying redress scheme process is binding upon the regulated provider but not upon the relevant consumer or any other category of complainant.
3
A regulated provider must send a notice to a relevant consumer in accordance with paragraph (1) on the earlier of:
a
the first working day after the day (if any) upon which that regulated provider becomes aware that it is not able to resolve a consumer complaint to that relevant consumer’s satisfaction; and
b
the date upon which the specified time period for that consumer complaint expires unless that date falls on a day that is not a working day, in which case the first working day thereafter.
Allocation and maintenance of adequate resources for complaints handling
7
1
Each regulated provider must:
a
receive, handle and process consumer complaints in an efficient and timely manner; and
b
allocate and maintain such level of resources as may reasonably be required to enable that regulated provider to receive, handle and process consumer complaints in an efficient and timely manner and in accordance with these Regulations.
Section 12 and 13 complaints
8
1
A regulated provider must, after discussion with the Council, put in place appropriate arrangements to deal effectively with section 12 and 13 complaints.
2
If the Council refers a vulnerable consumer or a consumer complaint relating to a vulnerable consumer to a regulated provider, that regulated provider must take such additional steps as it considers necessary or appropriate with a view to, as appropriate, assisting that vulnerable consumer and resolving the relevant consumer complaint in an appropriate and prompt manner.
Referral of consumers from Consumer Direct
9
1
Each regulated provider must, after discussion with Consumer Direct, put in place appropriate arrangements to deal effectively with referrals to it from Consumer Direct of consumer complaints and, if appropriate, complainants.
2
The arrangements required by paragraph (1) must set out a process by which Consumer Direct may make such referrals to the regulated provider.
PART III Supply of information to consumers
Information to be provided to consumers
10
1
Each regulated provider must ensure that its complaints handling procedure appears at a clear and prominent location on its website.
2
Where a consumer complaint has not become a resolved complaint by the end of the first working day after the day the consumer complaint was first received by a regulated provider, the regulated provider must as soon as reasonably practicable (unless it has already done so in respect of the relevant consumer complaint):
a
direct the complainant to the complaints handling procedure on its website; and
b
offer to provide a copy of the complaints handling procedure to the complainant free of charge.
3
Each regulated provider must, at least once in every twelve-month period, inform all of its domestic consumers (or arrange for all of its domestic consumers to be informed) of the existence of its complaints handling procedure and how a relevant consumer may obtain a copy of it.
4
A regulated provider must provide a copy of its complaints handling procedure, free of charge, to any person who requests a copy.
Publication of information on complaints
11
1
Regulated providers who hold a licence under section 7A(1) of the Gas Act 1986 or a licence under section 6(1)(d) of the Electricity Act 1989 or both, must:
a
publish annually a consumer complaints report at a prominent location on their website; and
b
provide a copy of their consumer complaints report, free of charge, to any person who requests a copy.
2
A consumer complaints report is a report in relation to the twelve-month period ending with the month immediately preceding the month in which the report is published which contains the following information:
a
the number of consumer complaints which the regulated provider received from domestic consumers during that period which had not become resolved complaints by the end of the first working day after the day the consumer complaint was first received by the regulated provider;
b
that the regulated provider has a complaints handling procedure;
c
how a copy of that procedure may be obtained;
d
the existence of these Regulations; and
e
how and from where a copy (including a hard copy) of these Regulations may be obtained.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
Sarah Harrison
A member of the Gas and Electricity Markets Authority
3rd July 2008
I consent
Gareth Thomas
Parliamentary Under-Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
16th July 2008


text:
PART 1 GENERAL
Citation and commencement
1
These rules may be cited as the Land Registration (Network Access) Rules 2008 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In these rules unless the context otherwise requires —
“ the Act ” means the Land Registration Act 2002,
“address for service” means an address for service for the purposes of a network access agreement, pursuant to paragraph 1 of Schedule 2,
“business day” is a day when the land registry is open to the public under rule 216 of the principal rules,
“full network access agreement” has the meaning given in rule 3(1),
“intervention” means an intervention —
by the Law Society under section 35 of, and Schedule 1 to, the Solicitors Act 1974 , section 9 of, and Schedule 2 to, the Administration of Justice Act 1985 , or section 89 of, and Schedule 14 to, the Courts and Legal Services Act 1990 , or
by the Council for Licensed Conveyancers under section 31 of, and Schedule 5 to, or section 32 of, and Schedule 6 to, the Administration of Justice Act 1985,
“notice of termination” means a notice of the kind described in rule 8(2),
“the principal rules” means the Land Registration Rules 2003 ,
“read-only network access agreement” has the meaning given in rule 3(2),
“signature network access agreement” has the meaning given in rule 3(3),
“Subscriber” means the person who is a party to a network access agreement with the registrar, and
“subsequent appeal” does not include an appeal out of time with permission.
2
References to an electronic signature are to be read in accordance with section 7(2) of the Electronic Communications Act 2000 .
3
In rules 7, 8, 9 and 10 and Schedules 1 and 3, a reference to an agreement is to a full network access agreement.
PART 2 TYPES OF NETWORK ACCESS AGREEMENT
Types of network access agreement
3
1
A “full network access agreement” is a network access agreement which permits the Subscriber to carry out network transactions.
2
A “read-only network access agreement” is a network access agreement which only permits the Subscriber to retrieve information on the land registry network.
3
A “signature network access agreement” is a network access agreement, other than a full network access agreement, which permits the Subscriber to apply an electronic signature to a document and to retrieve information on the land registry network.
PART 3 CRITERIA TO BE MET BY AN APPLICANT FOR ENTRY INTO A NETWORK ACCESS AGREEMENT
The criteria referred to in paragraph 1(4) of Schedule 5 to the Act
4
The criteria referred to in paragraph 1(4) of Schedule 5 to the Act (which provides that the registrar must on application enter into a network access agreement with the applicant if the applicant meets such criteria as rules may provide) are —
a
in relation to a full network access agreement, those set out in Schedule 1,
b
in relation to a read-only network access agreement or a signature network access agreement, that the applicant has —
i
informed the registrar that he will accept the terms of the agreement, and
ii
if an individual, attained the age of eighteen years.
PART 4 TERMS OF ACCESS
Terms which must be included in network access agreements
5
1
The same terms must, at any given time, apply to all network access agreements of the same type, being a type described in rule 3.
2
A full network access agreement must include the terms referred to in Schedule 2.
3
A signature network access agreement must include —
a
provision limiting the duration of the agreement,
b
the provisions referred to in paragraphs 4, 5, 8, 9 and 11 to 16 (except paragraphs 4(d) and 12(1)(b)) of Schedule 2, and
c
provision as to the extent to which the Subscriber will be liable to the registrar for loss and damage arising out of or in connection with the agreement and the use of the land registry network, which must include, in particular, provision that the Subscriber shall be liable for loss and damage suffered by the registrar, and liable to indemnify the registrar in respect of any liability to a third party incurred by the registrar, arising directly from —
i
the intentional, reckless or negligent misuse of the land registry network by the Subscriber,
ii
breach of the agreement by the Subscriber,
iii
negligent acts, errors or omissions by the Subscriber, or
iv
any misrepresentation by the Subscriber as to the Subscriber’s identity,
except to the extent that the registrar has contributed to his own or the third party’s loss.
4
A read-only network access agreement must include —
a
provision limiting the duration of the agreement, and
b
the provisions referred to in paragraphs 5, 8, 11 to 16 and 19 of Schedule 2.
PART 5 TERMINATION OF ACCESS BY THE REGISTRAR
Termination of a full network access agreement by the registrar
6
1
Where a ground set out in Schedule 3 exists in relation to a full network access agreement, the registrar may —
a
terminate the full network access agreement with immediate effect, in which case rule 7 applies, or
b
give the Subscriber a notice of termination, in which case rule 8 applies.
2
An agreement may be terminated under paragraph (1)(a) even if —
a
a notice of termination based on different facts has been given and has not expired, or
b
termination of the agreement has been suspended under rule 10 in respect of a notice of termination based on different facts.
Immediate termination
7
1
This rule applies when the registrar has terminated an agreement with immediate effect under rule 6(1)(a).
2
The registrar must as soon as practicable give notice to the Subscriber that the agreement has terminated.
3
A notice under this rule must —
a
be in writing,
b
specify each ground of termination on which the registrar relies,
c
specify the facts which, in the opinion of the registrar, justify each ground of termination on which the registrar relies,
d
state why the registrar considers that termination with immediate effect was justified, and
e
state the effect of paragraph 4 of Schedule 5 to the Act.
Termination after notice
8
1
This rule applies when the registrar has decided under rule 6(1)(b) to give the Subscriber a notice of termination.
2
A notice of termination must —
a
be in writing,
b
state the date and time when the notice will expire in accordance with paragraph (3),
c
specify each ground of termination on which the registrar relies,
d
specify the facts which, in the opinion of the registrar, justify each ground of termination on which the registrar relies,
e
state the effect of paragraphs (4), (5), (6), (7) and (8) of this rule,
f
state the effect of paragraph 4 of Schedule 5 to the Act, and
g
state the effect of rule 10.
3
A notice of termination expires at 12 noon on the expiry date.
4
If the registrar is satisfied that it is no longer appropriate to terminate the agreement, he may withdraw a notice of termination (even if it has expired) at any time before the agreement has terminated.
5
The registrar withdraws a notice of termination by sending the Subscriber notification to that effect.
6
If the registrar withdraws a notice of termination where the termination has been suspended and an appeal in relation to the notice of termination is pending before the adjudicator, he must also inform the adjudicator of the withdrawal.
7
Subject to paragraph (8), the agreement will terminate —
a
where termination has not been suspended, on the expiry of the notice of termination, or
b
where termination has been suspended, on the expiry of the notice of termination or on the determination of the appeal and of any subsequent appeal, whichever occurs later.
8
Paragraph (7) does not apply where —
a
the notice of termination has been withdrawn under paragraph (4),
b
the agreement has been terminated by the Subscriber under paragraph 3(1) of Schedule 5 to the Act,
c
the agreement has terminated automatically in accordance with its terms,
d
the agreement has been terminated under rule 6(1)(a) or rule 11, or
e
the adjudicator or the High Court orders otherwise.
9
An agreement may be terminated in accordance with this rule even if termination under this rule has been suspended in respect of a notice of termination based on different facts.
10
In this rule —
a
“expiry date” means —
i
where the notice of termination is issued before the date specified in any notice given pursuant to rule 216(2) of the principal rules, the thirty-fifth business day after the date of issue of the notice of termination, and
ii
where the notice of termination is issued on or after the date specified in any notice given pursuant to rule 216(2) of the principal rules, the forty-second business day after the date of issue of the notice of termination, and
b
references to the suspension of termination are to suspension under rule 10.
Giving of notice
9
1
A notice under rule 7 or 8 may be given —
a
by post, to any postal address specified in accordance with the agreement as the Subscriber’s address for service,
b
by directing the notice to the relevant box number at any document exchange specified in accordance with the agreement as the Subscriber’s address for service, or
c
by electronic transmission to any electronic address specified in accordance with the agreement as the Subscriber’s address for service.
2
Notice given in accordance with this rule shall be treated as given at the time shown in the table below —
Manner of giving notice Time given
Post to an address in the United Kingdom The second working day after posting Post to an address outside the United Kingdom The seventh working day after posting Document exchange On the second working day after it was left at the registrar’s document exchange Electronic transmission to an electronic address The second working day after transmission
3
In this rule —
“post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents outside the United Kingdom within such a period as is reasonable in all the circumstances, and
“working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the Lord Chancellor.
Suspension of termination pending appeal
10
1
A Subscriber who has appealed to the adjudicator under paragraph 4(1) of Schedule 5 to the Act against the registrar’s decision to give a notice of termination may request that the termination be suspended.
2
A suspension request must —
a
be in writing,
b
state that the Subscriber has appealed to the adjudicator against the registrar’s decision,
c
request that the termination be suspended, and
d
be received by the registrar at his address for service before the expiry of the notice of termination.
3
Where the registrar receives a suspension request either after 12 noon on a business day or on a day which is not a business day, the request shall be treated as having been received on the next business day.
4
On receipt by the registrar of a suspension request which complies with paragraph (2) —
a
subject to paragraph (5), termination of the agreement is suspended, and
b
the registrar must as soon as practicable acknowledge receipt of the suspension request and inform the Subscriber of the effect of sub-paragraph (a) and of rule 8(7)(b) and (8).
5
Paragraph (4) does not apply if at the time the registrar receives the suspension request the appeal has already been determined and no subsequent appeal is pending.
6
Subject to paragraph (7), the suspension expires on the expiry of the notice of termination or on the determination of the appeal and of any subsequent appeal, whichever occurs later.
7
Notwithstanding paragraph (6), the suspension expires when any of the following events occurs —
a
the notice of termination is withdrawn under rule 8(4),
b
the agreement is terminated by the Subscriber under paragraph 3(1) of Schedule 5 to the Act,
c
the agreement terminates automatically in accordance with its terms,
d
the agreement terminates under rule 6(1)(a) or rule 11, or
e
the adjudicator or the High Court so orders.
8
In this rule, “suspension request” means a request under paragraph (1).
9
In paragraph (2)(d), the reference to the registrar’s address for service is, where the registrar has more than one such address, to any one of them.
Termination of all network access agreements
11
1
If the registrar is of the opinion that it is no longer practicable to operate the land registry network he may give notice in the London Gazette terminating all subsisting network access agreements with effect from a date specified in the notice.
2
A notice under this rule must be published not less than fourteen days before it takes effect.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State,
Ministry of Justice
2nd July 2008