type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No.4) Order 2008.
2
In this Order —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 2007 Act ” means the Mental Health Act 2007.
Commencement of provisions
2
The following provisions of the 2007 Act shall come into force on 1st April 2008 for the purpose only of making regulations —
a
section 18 (approved mental health professionals);
b
section 30 (independent mental health advocates) –
i
subsection (2), insofar as it inserts a new section 130A into the 1983 Act;
ii
subsection (3);
c
section 32 (community treatment orders, etc ) —
i
subsection (2), insofar as it inserts a new section 17F into the 1983 Act;
ii
subsection (4), insofar as it gives effect to paragraph 4 of Schedule 3; and
d
section 35 (authority to treat) insofar as it inserts a new section 64H into the 1983 Act.
3
The following provisions come into force on 1st April 2008 –
a
section 17 (regulations as to approvals in relation to England and Wales);
b
section 18 (approved mental health professionals) insofar as it inserts a definition of “appropriate national authority” and “approved mental health professional” in subsections (9) and (10) of new section 114 of the 1983 Act;
c
section 22 (conflicts of interest), subsection (5), which inserts a new section 12A into the 1983 Act;
d
section 30 (independent mental health advocates), subsection (2), insofar as it inserts a definition of “appropriate national authority” in subsection (5) of new section 130C into the 1983 Act;
e
section 35 (authority to treat) insofar as it inserts a definition of “appropriate national authority” in subsection (9) of new section 64H into the 1983 Act;
f
section 39 (cross-border arrangements), subsection (2), insofar as it gives effect to paragraphs 2 and 5 of Schedule 5;
g
section 47 (Welsh Ministers: procedure for instruments); and
h
section 54 (consequential provisions).
Commencement of provisions relating to the Mental Capacity Act 2005
4
The following subsections of section 50 (Mental Capacity Act 2005: deprivation of liberty) of the 2007 Act shall come into force on 1st April 2008 –
a
subsection (5), which gives effect to Schedule 7 to the 2007 Act which inserts new Schedule A1 into the Mental Capacity Act 2005 but for the purpose only of making regulations or directions and inserting any definition relevant to those regulations or directions;
b
subsection (7) insofar as it gives effect to paragraphs 8 (codes of practice), 10 (interpretation), and 11 (rules, regulations and orders) of Schedule 9 to the 2007 Act; and
c
subsections (8) to (13) which relate to Wales.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
13th March 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Valuations, Alteration of Lists and Appeals) (England) Regulations 2008 and shall come into force on 1st April 2008.
2
These Regulations apply in relation to England only.
3
Regulations 4 to 10, 12 to 14 and 17 do not apply in relation to —
a
any proposal for the alteration of a valuation list compiled under section 22 or 22B of the Local Government Finance Act 1992 where the proposal was made before the date of coming into force of these Regulations; or
b
any appeal in relation to such a proposal.
Valuation of dwellings
2
Regulation 6 of the Council Tax (Situation and Valuation of Dwellings) Regulations 1992 shall be amended in relation to England as follows —
a
in paragraph (5A) —
i
for sub-paragraph (b), substitute —
b
subject to sub-paragraph (ba), in the case of a valuation carried out for the purposes of an alteration of the valuation list resulting from the occurrence of —
i
the event described in sub-paragraph (a) of paragraph (5B), the day on which the relevant transaction (referred to in that sub-paragraph) was completed;
ii
the event described in sub-paragraph (b), (c) or (e) of paragraph (5B), the day from which the alteration would have effect; or
iii
the event described in sub-paragraph (d) of paragraph (5B), the day on which the self-contained unit came into existence;
ba
in the case of a valuation carried out for the purposes of an alteration of the valuation list resulting from the occurrence of more than one of the events described in paragraph (5B), where, without this sub-paragraph, more than one of the days referred to in paragraphs (i) to (iii) of sub-paragraph (b) would be the relevant date, the later or latest of such days;
; and
ii
in sub-paragraph (c), after “sub-paragraph (b)”, insert “or (ba)”; and
b
in paragraph (5B), for sub-paragraph (d), substitute —
d
the dwelling —
i
has come into existence as a result of part of a building being constructed or adapted for use as separate living accommodation; and
ii
is treated as a dwelling by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992 ; or
e
in any other case, the dwelling has come into existence.
.
Amendments to the Council Tax (Alteration of Lists and Appeals) Regulations 1993
3
The Council Tax (Alteration of Lists and Appeals) Regulations 1993 shall be amended in relation to England in accordance with regulations 4 to 17.
Interpretation
4
In regulation 2 (interpretation), after the definition of “billing authority”, insert —
“competent person”, in relation to a proposal and an appeal, means a person (other than the proposer) who, at the date on which the decision notice in respect of that proposal was served on the proposer, would have been competent to make the proposal;
.
Proposals treated as invalid
5
In regulation 8 (proposals treated as invalid), for paragraphs (6) to (8), substitute —
6
An appeal against an invalidity notice shall be made by the proposer serving on the clerk of the relevant valuation tribunal a copy of the invalidity notice together with a written statement of the following matters to the extent that they are not included in the invalidity notice —
a
the address of the dwelling to which the proposal relates;
b
the reasons for the appeal against the invalidity notice; and
c
the names and addresses of —
i
the proposer; and
ii
the listing officer.
7
Where the listing officer withdraws an invalidity notice after an appeal against it has been made, the listing officer shall, as soon as reasonably practicable, inform the clerk of the relevant valuation tribunal of the withdrawal.
.
Decision of listing officer
6
For regulation 10 (proposals agreed by listing officer), substitute —
Decision of listing officer
10
1
Within the period of four months beginning on the date on which the proposer served the proposal on the listing officer —
a
the listing officer shall decide whether —
i
the whole of the proposal is well-founded;
ii
only part of the proposal is well-founded; or
iii
the whole of the proposal is not well-founded; and
b
in relation to any dwelling to which the proposal relates —
i
where the decision is that referred to in sub-paragraph (a)(i), the listing officer shall decide to alter the list accordingly;
ii
where the decision is that referred to in sub-paragraph (a)(ii), the listing officer may reach an agreement with the proposer on an alteration of the list, which is in accordance with this Part, in terms which are partly different from those contained in the proposal but otherwise in accordance with the proposal;
iii
where the decision is that referred to in sub-paragraph (a)(iii) the listing officer may reach an agreement with the proposer on an alteration of the list, which is in accordance with this Part, in terms which are wholly different from those contained in the proposal;
iv
where the decision is that referred to in sub-paragraph (a)(ii) or (a)(iii) and the listing officer decides not to, or is unable to, reach an agreement with the proposer on an alteration of the list, the listing officer shall decide whether or not to alter the list in relation to any dwelling to which the proposal relates.
2
As soon as reasonably practicable after making a decision or reaching an agreement, in accordance with paragraph (i), (ii), (iii) or (iv) of sub-paragraph (b) of paragraph (1), the listing officer shall serve a written notice (“the decision notice”) on —
a
the proposer;
b
any other person who then appears to the listing officer to be the taxpayer as regards any dwelling to which the proposal relates; and
c
where the decision notice relates to a decision under paragraph (1)(b)(iv), any other person who then appears to the listing officer to be a competent person as regards any dwelling to which the proposal relates,
giving particulars of the decision made or agreement reached.
3
Where the listing officer has made a decision in accordance with paragraph (1)(b)(i) or (iv), the listing officer shall, within the period of six weeks beginning on the date on which the decision notice was served on the proposer, alter the list in accordance with the decision.
4
Where the listing officer has reached an agreement in accordance with paragraph (1)(b)(ii) or (iii), the listing officer shall, within the period of six weeks beginning on the date on which the agreement was reached, alter the list in accordance with the terms of the agreement.
.
Withdrawal of proposals and agreed alterations
7
Regulations 11 (withdrawal of proposals) and 12 (agreed alterations following proposals) are revoked.
Disagreement as to proposed alteration
8
For regulation 13 (disagreement as to proposed alteration), substitute —
Disagreement as to proposed alteration
13
1
Where the listing officer has —
a
made a decision under paragraph (iv) of regulation 10(1)(b); and
b
served a decision notice on the proposer in accordance with regulation 10(2),
the proposer or any competent person may appeal to the relevant valuation tribunal against the listing officer’s decision.
2
Subject to paragraph (3), an appeal made under paragraph (1) shall be made within the period of three months beginning on the date on which the decision notice was served on the proposer.
3
Where —
a
an appeal made under paragraph (1) is made after the end of the period referred to in paragraph (2); and
b
the president of the relevant valuation tribunal is satisfied that the failure to initiate the appeal within that period has arisen by reason of circumstances beyond the control of the proposer or a competent person (as the case may be),
the president may authorise the appeal and shall notify the appellant as soon as reasonably practicable of the authorisation.
4
Subject to regulation 19A, an appeal made by a competent person shall not proceed where the proposer appeals or where another competent person has already made an appeal in relation to the same decision notice.
5
An appeal under paragraph (1) shall be made by the appellant serving on the clerk of the relevant valuation tribunal a copy of the decision notice together with a written statement of the following matters to the extent that they are not included in the decision notice —
a
the address of any dwelling to which the decision notice relates;
b
the reasons for the appeal; and
c
the names and addresses of —
i
the appellant;
ii
the proposer (where the proposer is not the appellant);
iii
the listing officer;
iv
where the appellant knows the name and address of any person (who is neither the proposer nor the appellant) who appears to be a taxpayer as regards any dwelling to which the decision notice relates, that person; and
v
where the appellant knows the name and address of any other person who appears to be an interested person as regards any dwelling to which the decision notice relates, that person.
.
Notification of alteration
9
In paragraph (3) of regulation 15 (notification of alteration) —
a
in sub-paragraph (a), before “a proposal” insert “the whole of”; and
b
in sub-paragraph (b), for “12” substitute “10”.
Interpretation of Part III
10
In regulation 16 (interpretation of Part III) —
a
in paragraph (1) —
i
after the definition of “clerk”, insert —
“competent appellant”, in relation to a proposal, an appeal and the withdrawal of an appeal, means a competent person who makes an appeal in accordance with regulation 13 against the listing officer’s decision in respect of that proposal (whether or not that person’s appeal proceeds);
“competent party”, in relation to a proposal, an appeal and the withdrawal of an appeal, means an interested person who serves a notice on the listing officer and the clerk of the relevant valuation tribunal in accordance with regulation 18D;
; and
ii
after the definition of “particulars delivered document”, insert —
“regulation 13 statement” means the written statement served by an appellant on a clerk in accordance with regulation 13(5);
; and
b
for paragraph (2), substitute —
2
Any reference in this Part to a party to an appeal is a reference to —
a
in relation to an appeal under regulation 8, the proposer who made the appeal and the listing officer;
b
subject to sub-paragraph (c), in relation to an appeal under regulation 13 —
i
the person who made the appeal;
ii
the listing officer;
iii
the taxpayer for the time being as regards any dwelling to which the decision notice relates;
iv
any competent appellant; and
v
any competent party;
c
in relation to an appeal which is proceeding by virtue of regulation 19A —
i
the person whose appeal is proceeding;
ii
the listing officer;
iii
any other person who, in response to the request in the clerk’s notice under paragraph (1)(c) of regulation 19B, has within the period specified in the clerk’s notice served a notice informing the clerk of that person’s wish to be a party; and
iv
any other person who becomes a competent party after the date on which the clerk’s notice was served under paragraph (1)(c) of regulation 19B.
.
Jurisdiction: exception
11
In regulation 17 (jurisdiction: exception), in paragraph (1), for “an employee or member” substitute “a member”.
Arrangements for appeals
12
In paragraph (3) of regulation 18 (arrangements for appeals) —
a
for “referred” substitute “made”; and
b
after “regulation 13” insert “and proceed”.
Procedure subsequent to the making of an appeal
13
After regulation 18, insert —
Procedure subsequent to the making of an appeal about the validity of the proposal
18A
Where a clerk receives a copy of an invalidity notice together with a written statement from the proposer under paragraph (6) of regulation 8, the clerk shall —
a
within the period of two weeks beginning on the day on which they were received, serve on the proposer a written notice acknowledging receipt of them and specifying the date of receipt; and
b
as soon as reasonably practicable serve a copy of the statement on the listing officer.
Procedure subsequent to the making of an appeal about the accuracy of the list
18B
1
Where a clerk receives a copy of a decision notice together with a regulation 13 statement from an appellant, the clerk shall —
a
within the period of two weeks beginning on the day on which they were received, serve on the appellant a written notice acknowledging receipt of them and specifying the date of receipt;
b
where —
i
the appellant is a competent appellant; and
ii
the proposer appeals in relation to the same decision notice,
at the same time as serving the notice referred to in sub-paragraph (a) or as soon as reasonably practicable after then, serve on the appellant a written notice informing the appellant of the proposer’s appeal and the effect of regulations 13(4) and 19A; and
c
where —
i
the appellant is a competent appellant; and
ii
another competent appellant made an appeal in relation to the same decision notice before the appellant did so and that earlier appeal is proceeding,
at the same time as serving the notice referred to in sub-paragraph (a), serve on the appellant a written notice informing the appellant of the other competent appellant’s earlier appeal and the effect of regulations 13(4) and 19A.
2
Where the appeal is proceeding, the clerk shall, as soon as reasonably practicable —
a
serve a copy of the regulation 13 statement on the listing officer; and
b
serve on any person —
i
who is a party to the appeal or then appears to the clerk to be an interested person as regards any dwelling to which the decision notice relates (other than the appellant and the listing officer); and
ii
whose name and address are included in the decision notice or the regulation 13 statement or are otherwise known to the clerk,
a written notice which includes the matters referred to in paragraph (3).
3
The matters to be included in the written notice are —
a
the address of any dwelling to which the appeal relates;
b
the appellant’s reasons for the appeal; and
c
the date on which the appeal was made.
Further procedure where the listing officer knows of other parties to the appeal or interested persons
18C
1
Where, in relation to an appeal, the listing officer receives a copy of a regulation 13 statement from the clerk, the listing officer shall —
a
serve on the clerk a written notice of the name and address of any person who —
i
is a party to the appeal; or
ii
then appears to be an interested person as regards any dwelling to which the decision notice relates,
whose name and address the listing officer knows but which were not included in the decision notice or the regulation 13 statement; and
b
serve that notice as soon as reasonably practicable after becoming aware of that information.
2
Where the clerk receives a notice in accordance with paragraph (1), as soon as reasonably practicable (where this has not already been done) the clerk shall serve, on any person whose name and address the listing officer included in the notice, a written notice which includes —
a
the address of any dwelling to which the appeal relates;
b
the appellant’s reasons for the appeal; and
c
the date on which the appeal was made.
Competent party to appeal
18D
1
This regulation applies where an interested person, as regards any dwelling to which the decision notice relates —
a
wishes to be a party to any appeal made under regulation 13 (including any appeal which is proceeding by virtue of regulation 19A);
b
is not already a party to the appeal;
c
is not the proposer; and
d
would have been competent to make the proposal, in relation to which the appeal relates, on the relevant date, which in this regulation is —
i
the date on which the proposer appealed in accordance with regulation 13; or
ii
where the proposer has not appealed, the date on which a competent appellant appealed in accordance with that regulation or, if there is more than one competent appellant, the first date on which a competent appellant did so.
2
Within the period of three months beginning on the relevant date, the interested person may serve a written notice on the clerk stating that the interested person wishes to be a party to the appeal.
3
The interested person shall include in the notice —
a
the address of the dwelling to which the decision notice relates; and
b
the names and addresses of the interested person, the proposer and the listing officer.
4
The clerk shall —
a
within the period of two weeks beginning on the day on which the clerk received the interested person’s notice, serve on the interested person a written notice acknowledging receipt of it and specifying the date of receipt; and
b
as soon as reasonably practicable serve a copy of the interested person’s notice on the listing officer.
Post-appeal agreements
18E
1
After an appeal under regulation 13 has been made but before the commencement of a hearing or consideration of written representations, the listing officer may reach an agreement on an alteration of the list in accordance with the following paragraphs.
2
Such an agreement shall be —
a
reached with all the persons mentioned in paragraph (4); and
b
in accordance with Part II of these Regulations.
3
Where such an agreement is reached, the listing officer shall —
a
as soon as reasonably practicable serve a written notice on the clerk that an agreement has been reached;
b
serve a copy of the notice on the other parties to the agreement; and
c
not later than six weeks after the date on which the agreement was reached, alter the list to give effect to the agreement.
4
The persons referred to in paragraph (2)(a) are —
a
the appellant;
b
any other person —
i
who at the date of the agreement is a taxpayer as regards any dwelling to which the appeal relates; and
ii
whose name and address the listing officer knows; and
c
any other person —
i
who at the date of the agreement is a party to the appeal; and
ii
whose name and address the listing officer knows.
5
Subject to paragraph (6), where, at the date of the agreement, more than one person is a taxpayer as regards any dwelling to which the appeal relates, the requirement in paragraph (2)(a), insofar as it relates to the agreement of the taxpayer, shall be treated as satisfied where one of the taxpayers as regards the dwelling is a party to the agreement.
6
Paragraph (5) shall not prevent the appellant, any other person who is a competent appellant or any competent party from being a party to the agreement.
7
An appeal in relation to which a notice has been served under paragraph (3) shall be treated as withdrawn on the date on which the notice is served on the clerk.
.
Withdrawal of appeal
14
For regulation 19 (withdrawal), substitute —
Withdrawal of appeal
19
1
Where an appellant —
a
serves on the clerk a written notice of intent to withdraw an appeal; and
b
the clerk receives the notice before the commencement of a hearing or of consideration of written representations in relation to the appeal,
the clerk shall serve a written notice on every other party to the appeal in accordance with paragraph (2).
2
The clerk’s notice shall —
a
inform the party of the notice of intent;
b
ask whether or not the party consents to the withdrawal of the appeal;
c
specify a date by which the clerk is to receive any response from the party, which shall be a date before the commencement of a hearing or of consideration of written representations in relation to the appeal; and
d
inform the party that if no response is received from the party by the specified date, the party’s consent shall be deemed to have been given.
3
Subject to regulation 19A, and without prejudice to regulations 8(2) and 18E(7), the withdrawal of the appeal shall only have effect where every other party to the appeal —
a
has served on the clerk, by the specified date, a written notice giving consent to the withdrawal; or
b
is deemed to have given consent.
4
Where the withdrawal has effect by virtue of paragraph (3), as soon as reasonably practicable the clerk shall serve on the appellant and on every other party to the appeal a written notice confirming that the appeal has been withdrawn.
New appellant’s appeal
19A
1
This regulation applies where a person (“the withdrawing party”) made an appeal under regulation 13 and serves a notice of intent to withdraw the appeal under regulation 19(1).
2
Before the date specified in the clerk’s notice in accordance with regulation 19(2)(c), a competent appellant or a competent party (“the new appellant”) may serve a written notice on the clerk stating —
a
that the new appellant does not consent to the withdrawal of the appeal;
b
that if the appeal is withdrawn, the new appellant wishes to proceed with an appeal in relation to the same decision notice; and
c
where the new appellant is not a competent appellant, the reasons for the new appeal.
3
Where the clerk receives a notice under paragraph (2) —
a
the withdrawing party’s appeal shall be withdrawn;
b
within the period of two weeks beginning on the day on which the notice was received, the clerk shall serve on the new appellant a written notice —
i
acknowledging receipt of the notice;
ii
stating the date of receipt; and
iii
stating that the withdrawing party’s appeal is withdrawn; and
c
i
where the new appellant’s notice was the first notice under paragraph (2) received by the clerk in relation to the withdrawal, the notice under sub-paragraph (b) shall state that the new appellant’s appeal is proceeding;
ii
in any other case, the notice under sub-paragraph (b) shall state that the new appellant’s appeal is not proceeding because an earlier new appeal is proceeding.
4
Where the clerk receives a notice under paragraph (2) from more than one person in relation to the same withdrawal, the following paragraphs and regulation 19B shall apply as if references to the new appellant are references to the person whose notice the clerk receives first.
5
Where —
a
the new appellant is a competent appellant, the appeal already made under regulation 13 shall proceed as if any steps taken by the clerk in relation to the withdrawing party’s appeal, other than steps under regulation 19, had been taken in relation to the new appeal;
b
the new appellant is not a competent appellant —
i
the new appeal shall be deemed to have been made under regulation 13;
ii
the reasons for the new appeal shall be those included in the notice served under paragraph (2); and
iii
the new appeal shall proceed as if any steps taken by the clerk in relation to the withdrawing party’s appeal, other than steps under regulation 19, had been taken in relation to the new appeal.
Other parties to a new appeal
19B
1
As soon as reasonably practicable after receiving a notice under regulation 19A(2), the clerk shall serve on the withdrawing party and every party to the withdrawing party’s appeal (other than the new appellant) a written notice (“the clerk’s notice”) —
a
specifying that the withdrawing party’s appeal is withdrawn and that the new appellant’s appeal is proceeding;
b
stating the new appellant’s reasons for the appeal; and
c
requesting the party (where the party is neither the listing officer nor the withdrawing party) to inform the clerk by written notice served on the clerk, within such period as is specified in the clerk’s notice, being not less than 21 days from the date on which the clerk’s notice is served, whether the party wishes to be a party to the proceedings on the new appellant’s appeal.
2
Where the clerk receives a notice from a party under paragraph (1)(c), the clerk shall —
a
within the period of two weeks beginning on the day on which the clerk received it, serve on the party a written notice acknowledging receipt of it and specifying the date of receipt; and
b
as soon as reasonably practicable serve a copy of the party’s notice on the listing officer.
.
Disqualification from participating
15
In regulation 23 (disqualification from participating), in paragraph (3), after “spouse” insert “or civil partner”.
Representation at the hearing
16
In regulation 24 (representation at the hearing), for “of the valuation tribunal” substitute “of the Valuation Tribunal Service or a member of the relevant valuation tribunal”.
Service of notices
17
In regulation 35 (service of notices) —
a
in sub-paragraph (b) of paragraph (1), for “forwarding it by” substitute “sending it by first class or second class”;
b
in sub-paragraph (b) of paragraph (4), after “sending it by” insert “first class or second class”;
c
at the end of paragraph (5), add —
; and
c
any reference to first class post includes a reference to an alternative service which provides for delivery on the next business day
; and
d
at the end, add —
6
In this regulation —
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ; and
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England.
7
For the purposes of these Regulations —
a
a notice served by —
i
delivering it to a person after 5 p.m. on a business day or at any time on a day which is not a business day;
ii
delivering it to, or leaving it at, the usual or last known address, place of business or office of a person; or
iii
fixing it to some part of the dwelling to which it relates,
shall be treated as served on the next business day after it was so delivered, left or fixed;
b
a notice served by sending it by first class post shall be treated as served on the second business day after it was posted; and
c
a notice served by sending it by second class post shall be treated as served on the fourth business day after it was posted.
.
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
12th February 2008


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Nuclear Installations) (Amendment) Regulations 2008 and come into force on 16th January 2009.
2
The Air Navigation (Restriction of Flying) (Nuclear Installations) Regulations 2007 are amended as follows.
3
In Schedule 2, in column 3 of the entry for Rosyth, for “560121N 0032709W” substitute “560147N 0032703W”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
11th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008.
Child Support (Maintenance Assessment Procedure) Regulations 1992
2
1
The Child Support (Maintenance Assessment Procedure) Regulations 1992 are amended as follows.
2
In regulation 1 —
a
in paragraph (2), omit the definition of “direction”; and
b
omit paragraph (3).
3
In regulation 2 —
a
in the heading, omit “, 6”; and
b
in paragraph (2), omit “under section 6 of the Act or”.
4
In regulation 17(8)(a), omit “a reduced benefit direction or”.
5
In regulation 20(11)(a), omit “a reduced benefit direction or”.
6
In regulation 23, omit paragraphs (15) to (18).
7
In regulation 30(1), omit “, 6”.
8
In regulation 32, omit “or (3)”.
9
Omit regulations 34 to 50.
10
In paragraph 1 of Schedule 2 —
a
in the heading, omit “or 6 or under sections 4 and 6”;
b
in sub-paragraph (1), omit “or 6”; and
c
omit sub-paragraph (2).
11
In paragraph 3 of Schedule 2 —
a
in sub-paragraph (2), omit “or 6”;
b
omit sub-paragraph (8).
12
Omit paragraph 5 of Schedule 2.
Child Support Departure Direction and Consequential Amendments Regulations 1996
3
In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations 1996 , omit “or treated as made”.
Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 1(3) in the definition of “relevant person”, omit “, or has been treated as applied for under section 6(3) of that Act,”.
3
In regulation 3A —
a
in paragraph (3), for “11, 12 or 46” substitute “11 or 12”; and
b
in paragraph (6), for “12, 17 or 46” substitute “12 or 17”.
4
In regulation 7B —
a
omit paragraphs (11) to (16); and
b
in paragraph (21)(a), omit “, or treated as made under section 6(3) of that Act,”.
Child Support (Voluntary Payments) Regulations 2000
5
In regulation 1(2) of the Child Support (Voluntary Payments) Regulations 2000 , in the definition of “relevant person”, omit “or has been treated as applied for, under section 6(3) of the Act,”.
Child Support (Transitional Provisions) Regulations 2000
6
In the Child Support (Transitional Provisions) Regulations 2000 , omit “or treated as made” in each place it occurs in regulations 3(1)(b), 11(3)(a), 15(3C)(b), 25(2)(a), 28(1), (2), (2A), (3), (5A), (7), (7A) and (9), and 30(a).
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
7
1
The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 are amended as follows.
2
In regulation 1(2), in sub-paragraph (a)(ii) of the definition of “relevant week”, omit “, or treated as made, as the case may be,”.
3
In regulation 8(1)(a), omit “or treated as made”.
4
In regulation 11(1)(a), omit “or treated as made, as the case may be,”.
Child Support (Variations) Regulations 2000
8
1
The Child Support (Variations) Regulations 2000 are amended as follows.
2
In regulation 19(1)(a) omit “or treated as applied for”.
3
In regulation 20(1)(a) and (2), omit “or treated as applied for” in both places it occurs.
Child Support (Maintenance Calculation Procedure) Regulations 2000
9
1
The Child Support (Maintenance Calculation Procedure) Regulations 2000 are amended as follows.
2
In regulation 1 —
a
in paragraph (2) in the definition of —
i
“notice of a maintenance application”, omit “, or treated as made,”;
ii
“relevant person”, omit “or has been treated as applied for under section 6(3) of the Act,”; and
b
in paragraph (5), omit “6,” and “46,”.
3
In regulation 5(1), omit “or an application is treated as made under section 6(3) of the Act,” and “, or is treated as having made,”.
4
In regulation 6(1), omit “or has been treated as made,”.
5
Omit regulations 8 to 20.
6
In regulation 25 —
a
in paragraph (1), omit “or treated as made under section 6(3) of the Act,”; and
b
omit paragraph (3)(b).
7
Omit regulation 27.
8
In regulation 28(b), omit “or 27 as the case may be”.
9
In regulation 29 —
a
in paragraph (1), omit “, or treated as made under section 6(3) of the Act”;
b
in paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under section 6(5) of the Act,” in each place it occurs; and
c
omit paragraphs (2) and (3)(b).
10
In regulation 31 —
a
in the heading, omit “and reduced benefit decisions”;
b
in paragraph (1), omit “or is treated as made under section 6(3) of the Act,”;
c
in paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Act”; and
d
omit paragraphs (3) to (7) and (8)(b).
11
In paragraph 1 of Schedule 2 —
a
in the heading, omit “or 6 or under sections 4 and 6”;
b
in sub-paragraph (1), omit “or 6”; and
c
omit sub-paragraph (2).
12
In paragraph 3 of Schedule 2 —
a
in sub-paragraph (2), omit “or is treated as made under section 6 of the Act,”; and
b
omit sub-paragraph (7).
13
In paragraph 4 of Schedule 2, omit “or treated as made, as the case may be,”.
14
In paragraph 1 of Schedule 3 —
a
in the heading, omit “or 6” and “and 6”;
b
in sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 6”; and
c
omit sub-paragraph (2).
15
In paragraph 3 of Schedule 3 —
a
in sub-paragraph (2), omit “, or is made under section 6 of the former Act, or is treated as made under section 6 of the Act,”; and
b
omit sub-paragraph (7).
16
In paragraph 4 of Schedule 3, in sub-paragraph (b) omit “or treated as made”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
26th September 2008


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 and come into force on 29 August 2008.
Interpretation
2
In these Regulations —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Regulations ” means the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 ;
“ Implementation Executive ” means a committee of a preparing council’s executive established in pursuance of a section 7 order;
“predecessor council” means a local authority which, by or in consequence of a section 7 order, will cease to exist on the reorganisation date;
“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“reorganisation date”, in relation to a section 7 order, means the date specified in that order as that on which a structural change comes into effect;
“section 7 order” means an order under section 7 of the 2007 Act;
“shadow council” means an authority (not being a local authority) which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“shadow executive”, in relation to a shadow council, means the executive created by the council in accordance with a section 7 order;
“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area;
“successor council” —
in relation to a predecessor council whose area is to become part of the area of a sole single tier council on the reorganisation date, means the preparing or shadow council which will become that single tier council;
in relation to a predecessor council whose area is to become the area of more than one single tier council on the reorganisation date, means the preparing or shadow councils which will become those single tier councils; and
“transitional period” means the period beginning —
on the date on which these Regulations come into force; or
in relation to a section 7 order made after that date, the first date on which any action is required to be taken in accordance with that order,
and ending immediately before the reorganisation date.
PART 2 RESPONSIBILITY FOR FUNCTIONS
Continuity
3
1
Anything which is in the process of being done by or in relation to a predecessor council —
a
immediately before the beginning of the transitional period;
b
in the exercise of, or in connection with, any function which is to be exercised by the preparing or shadow council by virtue of these Regulations,
may be continued by or in relation to the successor council.
2
Anything done by or in relation to a predecessor council in the exercise of, or in connection with, any function which is to be exercised by the preparing or shadow council by virtue of these Regulations shall have effect as if done by or in relation to the successor council.
Responsibility for functions exercised by a shadow council
4
1
This regulation applies to a shadow council whose shadow executive is appointed by, or nominated in accordance with, a section 7 order.
2
Any function which is to be exercised by the shadow council by virtue of these Regulations shall be the responsibility of its shadow executive notwithstanding any other enactment by virtue of which the function —
a
would not be the responsibility of its executive; or
b
may, but need not, be the responsibility of its executive.
Responsibility for functions exercised by a preparing council
5
1
This regulation applies to a preparing council for which there is an Implementation Executive.
2
Any function which is to be exercised by the preparing council by virtue of these Regulations shall be a transitional function for the purposes of the section 7 order which establishes that council’s executive (and accordingly the responsibility of the Implementation Executive) notwithstanding any other enactment by virtue of which the function —
a
would not be the responsibility of its executive; or
b
may, but need not, be the responsibility of its executive.
Modification of the 2000 Regulations
6
In relation to the exercise of functions by a council to which regulation 4 or 5 applies, the 2000 Regulations (which make provision as to functions which are not, or need not be, the responsibility of an executive) shall have effect subject to the modifications specified in the Schedule to these Regulations.
PART 3 GOVERNANCE
Establishment of parishes and parish councils under the 2007 Act
7
1
This regulation applies —
a
in relation to recommendations or proposals made, or a petition received, by a predecessor council under Part 2 of the Local Government and Rating Act 1997 which by virtue of the Schedule to the 2008 Order are to be treated as recommendations made in a community governance review under Part 4 of the 2007 Act; or
b
where a predecessor council undertakes, or has undertaken, a community governance review under Part 4 of the 2007 Act,
where the predecessor council has not exercised its powers under section 86 of the 2007 Act to give effect to the review’s recommendations before the beginning of the transitional period.
2
Sections 86 and 96 to 100 of the 2007 Act shall have effect as if the successor council were the principal council.
3
Where a predecessor council undertakes a community governance review during the transitional period and its successor council is a shadow council —
a
section 79(3) of the 2007 Act shall have effect as if the requirement for a district council to notify the county council were a requirement to notify both the county council and the shadow council; and
b
section 92 of that Act shall have effect as if the shadow council were a principal council.
4
In this regulation, “the 2008 Order” means the Local Government and Public Involvement in Health Act (Commencement No.3, Transitional and Saving Provisions and Commencement No.2 (Amendment)) Order 2008 .
Establishment of parish councils under the Local Government and Rating Act 1997
8
1
This regulation applies where the Secretary of State has given a direction under section 14 of the Local Government and Rating Act 1997 requiring a predecessor council to make provision to establish a parish council on or after the reorganisation date.
2
Where the predecessor council has not complied with the direction before the beginning of the transitional period —
a
references in the direction to the predecessor council shall have effect as references to the successor council; and
b
a successor council which is a county council or a shadow council shall be treated as if it were a unitary county council for the purposes of making an order under section 16 of the Local Government and Rating Act 1997.
3
Where the predecessor council has made provision by order to comply with the direction, sections 86 and 98 of the 2007 Act shall have effect for the purposes of enabling the successor council to vary or revoke any incidental, consequential, transitional or supplementary provision made in that order as if —
a
the successor council were the principal council; and
b
a community governance review had been undertaken under Part 4 of the 2007 Act.
Old-style executive arrangements
9
Schedule 4 to the 2007 Act (new arrangements for executives: transitional provision) shall have effect in relation to a predecessor council as if paragraphs 3 and 4 (which provide for a change in a local authority’s governance arrangements) were omitted.
Petitions on executive arrangements
10
Part 2 of the Local Government Act 2000 (arrangements with respect to executives etc ) shall have effect in relation to a predecessor council as if any regulations made under section 34 (holding of a referendum about the authority’s executive arrangements) did not apply to that council.
PART 4 LOCAL AREA AGREEMENTS AND JOINT STRATEGIC NEEDS ASSESSMENTS
Preparation of new agreements and assessments
11
1
This regulation applies for the purposes of —
a
the preparation, submission and approval of a local area agreement; and
b
the preparation and publication of an assessment of relevant needs,
for the area of a single tier council.
2
Part 5 of the 2007 Act shall have effect during the transitional period —
a
in relation to a preparing council which is a district council as if it were a responsible local authority under sections 103 and 117 of that Act;
b
in relation to a shadow council as if —
i
it were a responsible local authority under sections 103 and 117 of that Act; and
ii
the requirement in section 106(2)(c)(i) to have regard to its community strategy were a requirement to have regard to the community strategies of its predecessor councils (in so far as those strategies relate to the shadow council’s area); and
c
in relation to a predecessor council which is a county council, as if it were a partner authority under sections 104 and 117 of that Act, and not a responsible local authority under sections 103 and 117.
3
Where the predecessor council is a county council, its successor council and each partner PCT within the meaning of section 116 of the 2007 Act must consult with it when preparing an assessment of relevant needs under that section.
Application of existing agreements and assessments to a shadow council
12
In relation to a local area agreement or an assessment of relevant needs of a predecessor council, Part 5 of the 2007 Act shall have effect as if a successor council which is a shadow council —
a
were a partner authority ;
b
were a relevant district council for the purposes of section 116 of that Act.
PART 5 ELECTORAL ADMINISTRATION
Casual vacancies
13
Section 89(1) of the Local Government Act 1972 (filling of casual vacancies in case of councillors) shall not apply where a casual vacancy in the office of councillor of a predecessor council arises within six months of the reorganisation date.
Returning officers and proper officers
14
1
The returning officer and the proper officer at an election to fill a casual vacancy in the office of councillor for the area of a shadow council shall be —
a
the officers appointed as such by the shadow council; or
b
if the shadow council has not appointed a returning officer or a proper officer at the date that the vacancy arises, the person designated by the section 7 order which established the council as the returning officer in relation to the first election of councillors.
2
The returning officer and the proper officer at any election of councillors of parishes in the area of a predecessor council that will take place after the reorganisation date but for which proceedings must be taken by a returning officer or proper officer before that date shall be —
a
the officers appointed as such by the successor council; or
b
if the successor council has not appointed a returning officer or a proper officer before the date on which the notice of election must be published, the returning officer and proper officer appointed by the predecessor council.
3
In this regulation, “proper officer” means —
a
in relation to a casual vacancy in the office of councillor for the area of a shadow council, the proper officer for the purposes of Part 5 of the Local Government Act 1972;
b
in relation to an election of councillors of parishes, the proper officer for the purposes of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
4th August 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008 and shall come into force on 30th June 2008.
Amendment
2
1
The Immigration and Nationality (Fees) Regulations 2007 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “assistance”, insert —
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;
; and
b
after the definition of “the 2007 Order”, omit “and” and insert —
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points Based System”;
“Tier 5 migrant” means a migrant who makes make an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points Based System”;
“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points Based System”; and
.
3
In regulation 5(1) (fees for applications for leave in the United Kingdom), omit sub-paragraphs (a) to (c).
4
For regulation 5A (fees for applications for leave in the United Kingdom) substitute —
5A
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 migrant, the fees are those specified in paragraphs (2) and ( 3).
2
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is —
a
subject to sub-paragraph (b), £750;
b
£350 for an application by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is £400.
4
This regulation is subject to regulations 9, 12, 13 and 14.
5
In regulation 5B(2) (fees for applications for leave in the United Kingdom) —
a
omit sub-paragraphs (e) to (g);
b
after sub-paragraph (m), omit “or”; and
c
after sub-paragraph (n), insert,
; or
o
of a kind identified in the immigration rules as requiring to be considered under a “Points Based System”.
6
After regulation 5B (fees for applications for leave in the United Kingdom), insert —
5C
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 2 migrant, the fee is £400.
2
This regulation is subject to regulations 9, 12, 13 and 14.
.
7
In regulation 9 (exceptions in respect of fees for leave to remain applications), after “5A” insert, “, 5C or, insofar as the application is in made for leave to remain as a Tier 5 (Temporary Worker) migrant, 5D.
8
In regulation 12, (exceptions in respect of fees for leave to remain applications), after “5B” insert, “, 5C, 5D”.
9
In regulation 15(1) (fees for immigration employment documents), omit sub-paragraph (a) and “or” which follows it.
10
Omit regulation 17 (fees for immigration employment documents).
11
In regulation 20(1) (fees for nationality applications), for “article 3(2)(h) to (k)”, substitute “article 3(2)(h) to (l)”.
12
For regulation 20A (fees for sponsorship applications) substitute —
20A
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is not in respect of a person who, if granted a sponsorship licence, would be a small sponsor, and the application is for a licence referred to in paragraph (2), the fee is £1000.
2
The sponsorship licences are —
a
a sponsorship licence in respect of Tier 2 migrants;
b
a sponsorship licence in respect of Tier 2 and Tier 4 migrants;
c
a sponsorship licence in respect of Tier 2 and Tier 5 migrants; and
d
a sponsorship licence in respect of Tier 2, Tier 4 and Tier 5 migrants.
.
13
In regulation 20B(1) (fees for entry clearance applications) —
a
in sub-paragraph (a), after “Tier 1 (General) migrant”, insert, “, Tier 1 (Entrepreneur) migrant or a Tier 1 (Investor) migrant”;
b
after sub-paragraph (b) insert —
ba
where the application is for entry clearance as a Tier 1 (Post Study) migrant under the immigration rules the fee is £205;
bb
where the application is for entry clearance as a Tier 2 migrant the fee is £205.
c
after sub-paragraph (d)(vi), omit “or”; and
d
after sub-paragraph (d)(vii), insert —
; or
viii
as a Tier 5 migrant,
.
14
In regulation 20C , after paragraph (b), omit “or” and after paragraph (c) insert —
; or
d
the application is —
i
for entry clearance as a Tier 1 (General) migrant under the immigration rules, a Tier 2 migrant or a Tier 5 (Temporary Worker) migrant; and
ii
is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
15
After regulation 20E (fee for a certificate of entitlement to the right of abode), insert —
Fee for the process of issuing a certificate of sponsorship
20F
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee shall be £170 where the process is the issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain or enter the United Kingdom as a Tier 2 migrant.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
.
Liam Byrne
Minister of State
Home Office
26th June 2008
We consent
Steve McCabe
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
20th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Premium Tax (Amendment) Regulations 2008 and come into force on 1st September 2008.
Amendment of the Insurance Premium Tax Regulations 1994
2
The Insurance Premium Tax Regulations 1994 are amended as follows.
Omission of regulations 29, 30 and 31
3
Omit —
a
regulation 29 (tax representatives: notification in certain cases),
b
regulation 30 (tax representatives: registration), and
c
regulation 31 (tax representatives: liability to notify).
Amendment of regulation 33
4
For regulation 33 (liability of insured persons: scope) substitute —
33
This Part applies where an insurer who is a registrable person —
a
does not have any business establishment or other fixed establishment in the United Kingdom, and
b
is established in a country or territory in respect of which it appears to the Commissioners that the condition in section 65(1A) of the Act is met.
.
Amendment to Schedule
5
In the Schedule, for the form numbered 1 (Insurance Premium Tax, Application for Registration), substitute the form numbered 1 in the Schedule to these Regulations.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply in relation to England.
Revocations and transitional provision
2
1
Subject to paragraph (2), the Regulations specified in Schedule 1 are revoked to the extent specified in that Schedule.
2
The Regulations specified in Schedule 1 continue to apply to any person who completed an induction period within the meaning of the 2001 Induction Regulations before 1st September 2008, and these Regulations do not apply to any such person.
3
In paragraph (2) the reference to a person who has completed an induction period includes a person —
a
whose induction period is extended under regulations 16(3)(b), 19(3)(c) or 19(4)(c) of the 2001 Induction Regulations; and
b
who immediately before 1st September 2008 has not completed the induction period as so extended.
Interpretation
3
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2006 Act ” means the Education and Inspections Act 2006 ;
“the 2001 Induction Regulations” means the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001
“the 2003 Qualifications Regulations ” means the Education (School Teachers’ Qualifications) (England) Regulations 2003 ;
“appropriate body” means the appropriate body under regulation 6;
“authority” means a local education authority;
“ Chief Inspector ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“the Council”, except in regulation 18(5), means the General Teaching Council for England;
“employment-based teacher training scheme” means a scheme established, or having effect as if established, by the Secretary of State for the purposes of paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations ;
“governing body” in relation to a further education institution has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 ;
“head teacher” is to be construed as a reference to the lead head teacher where regulation 14 applies;
“institution” means a relevant school, an independent school or a further education institution in which an induction period may be served under these Regulations, as the context requires;
“key stage” has the same meaning as in section 82(1) of the 2002 Act;
“non-maintained special school” means a school approved by the Secretary of State under section 342 of the 1996 Act (approval of non-maintained special schools);
“operating day” has the meaning given in regulation 4;
“pupil referral unit” has the same meaning as in section 19 of the 1996 Act;
“qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the 2002 Act;
“school year” means the period beginning with the first term to begin after July and ending with the beginning of the first such term to begin after the following July;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;
“special school” has the same meaning as in section 337(1) of the 1996 Act;
“supply teacher” means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them;
“the Welsh Induction Regulations ” means the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005 ; 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 in England .
Meaning of references to operating day
4
1
In these Regulations “operating day” means, in relation to an institution, a day on which the institution is open for providing facilities for education or in connection with the provision of such facilities.
2
The following provisions of this regulation apply for the purposes of determining the extent to which an operating day is to be counted when calculating for the purposes of these Regulations a period of operating days or whether a period consists of a specified number of operating days.
3
An operating day is not to be counted unless it is a day on which the person concerned is required to work under the terms of the person’s contract of employment or terms of engagement.
4
Where, in the case of a person who is in part-time employment, the person is required to work for no less time on a particular day than the person would have been if employed to work full-time, the whole day is to be counted.
5
Where, in the case of a person who is in part-time employment on a particular day, the person is only required to work for a part of the time that the person would have been required to work if employed full-time, only that part of the day counts as determined in accordance with paragraph (6).
6
In a case falling within paragraph (5) the amount that the part of the day represents is A/ B where —
A is the amount of time (rounded up to the nearest hour) that the person is required to work on the particular day, and
B is the amount of time (rounded up to the nearest hour) that the person would be required to work on that day if contracted or engaged to work full-time.
Breach of time limits
5
Failure by any person to discharge any duty within a time limit specified in these Regulations does not relieve that person of that duty.
Appropriate body
6
For the purpose of these Regulations —
a
the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act) is the authority maintaining it;
b
the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated;
c
the appropriate body in relation to an independent school is the relevant body referred to in regulation 8(3)(c); and
d
the appropriate body in relation to a further education institution is the authority referred to in regulation 8(5).
Requirement to serve an induction period
7
1
Subject to the exceptions in Schedule 2, no qualified teacher is to be employed as a teacher at a relevant school unless that person has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school or a further education institution to which regulation 8(1) refers.
2
A person is employed for the purposes of paragraph (1) if that person is engaged to provide services as a teacher, whether under a contract of employment or otherwise, in accordance with section 43(2) of the Teaching and Higher Education Act 1998 .
Institutions in which an induction period may be served
8
1
Subject to paragraph (2), an induction period may only be served in —
a
a relevant school in England;
b
in the circumstances specified in paragraph (3) an independent school in England;
c
in the circumstances specified in paragraph (5) a further education institution in England; or
d
a school or a further education institution in Wales in which an induction period may be served under the Welsh Induction Regulations.
2
An induction period may not be served in —
a
a school which is eligible for intervention by virtue of section 62 of the 2006 Act, unless —
i
the person in question first worked as a qualified teacher, or was employed on an employment-based teacher training scheme, at the school at a time when the school was not eligible for intervention by virtue of section 62 of the 2006 Act or at a time when the circumstances described in section 15(6) of the 1998 Act did not apply, or
ii
the Chief Inspector has certified in writing that the Chief Inspector is satisfied that the school, or the part of such a school in which the person in question teaches, is fit for the purpose of providing induction supervision and training;
b
a pupil referral unit; or
c
a further education institution where the most recent report made pursuant to section 124(4)(a) of the 2006 Act stated that the Chief Inspector considered that the education or training inspected was not of an adequate quality, unless —
i
the person in question first worked as a qualified teacher in that institution at a time when the most recent of such reports did not state that the Chief Inspector considered that the education or training inspected was not of an adequate quality, or
ii
the Chief Inspector has certified in writing that the institution, or the part of such an institution in which the person in question teaches, is fit for the purpose of providing induction supervision and training.
3
The circumstances in which a person may serve an induction period in an independent school are that —
a
in the case of a person who is employed to teach pupils at the third or fourth key stage, the curriculum of the school for pupils at those key stages and taught by that person includes the relevant programme of study specified under section 84 or 85 of the 2002 Act in relation to every core or other foundation subject which such person is employed to teach; or
b
in the case of a person who is employed to teach pupils at the first or second key stage, the curriculum of the school for pupils at those key stages and taught by that person meets the requirements of section 84 of the 2002 Act other than the requirements in relation to assessment arrangements; and
c
in all cases, before the start of the induction period the proprietor of the school and a relevant body have agreed that that body is to act as the appropriate body in relation to the school.
4
In paragraph (3)(c) a “relevant body” is —
a
any body of persons (corporate or unincorporate) whom the Secretary of State has determined may act as the appropriate body in relation to independent schools, or
b
where no such determination has effect for the time being, an authority.
5
A person may only serve an induction period in a further education institution where before the start of the induction period, the governing body of the institution and an authority have agreed that the authority is to act as the appropriate body in relation to the institution.
6
In this regulation, “induction period” includes a part of an induction period.
Length of an induction period
9
1
— Subject to paragraph (2), the length of the induction period is —
a
in the case of an induction period served wholly in one or more schools where the school year consists of 3 terms, 3 terms;
b
in the case of an induction period served wholly in one or more schools where the school year consists of 6 terms, 6 terms.
2
Where in a case falling within paragraph (1) —
a
the person concerned serves an induction period which is a single continuous period beginning on a date other than the first day of a school term;
b
the person concerned serves an induction period which is not a single, continuous period and where one or more of the separate parts of that period begins on a date other than the first day of a school term; or
c
the person concerned is employed to work part-time at any time during the induction period,
the length of the induction period is to be determined in accordance with paragraph (4).
3
In any case not falling within paragraph (1) (including a case where the person serves the whole or part of the induction period in a further education institution), the length of the induction period is to be determined in accordance with paragraph (4).
4
The induction period is completed when the person has completed one or more periods of continuous employment falling within regulation 10 and the periods when taken together consist of not less than —
a
the number of operating days in the school year of the school in which that person starts the induction period; or
b
where that person starts that period in a further education institution, 189 operating days.
5
The appropriate body may reduce a person’s induction period (the induction period as reduced being referred to as “the reduced period”) by a period which does not consist of more than 29 operating days if the conditions set out in paragraph (7) apply to that person.
6
Where the person is absent from work on one or more days during the induction period, being days on which the person is required to work under the terms of that person’s contract of employment or terms of engagement, the reference to 29 operating days in paragraph (7) is to have effect instead as a reference to the number of days left after subtracting the number of days of absence from 29.
7
The conditions are that —
a
the person was engaged to provide services as a teacher, whether under a contract of employment or otherwise, and was serving the induction period in an institution during the reduced period so as to meet the requirements of paragraph (1) or (4) but failed to do so;
b
the head teacher of that institution has made a recommendation to the appropriate body that the person has met the standards mentioned in regulation 15 during the reduced period;
c
the appropriate body has decided that the person has achieved the standards mentioned in regulation 15 during the reduced period; and
d
that person agrees to the reduced period in place of the prescribed induction period.
Periods of employment counting towards an induction period
10
1
Subject to the following provisions of this regulation, a period of continuous employment as a qualified teacher of not less than 1 term in duration counts towards an induction period where it is served in an institution to which regulation 8(1) applies, and —
a
where the institution is a school in England, it is served entirely on or after 1 st September 1999;
b
where it is a sixth form college in England, it is served entirely on or after 1 st September 2000;
c
where it is a school or sixth form college in Wales, it is served entirely on or after 1 st September 2003;
d
where it is a further education institution other than a sixth form college in Wales, it is served entirely on or after 1 st September 2005; and
e
where it is a further education institution other than a sixth form college in England, it is served entirely on or after 1 st September 2008.
2
A period of continuous employment of not less than 63 operating days as a qualified teacher in a further education institution counts towards an induction period where —
a
that person is engaged to provide services as a teacher by contract or otherwise and the period of employment under the contract or engagement is not for a specified number of terms; and
b
it is served in a further education institution in England or Wales to which regulation 8(5) applies and is served on or after 1 st September 2008.
3
In the case of a school where —
a
the school year consists of 6 terms, the reference in paragraph (1) to a period of continuous employment of not less than 1 term has effect instead as a reference to a period of continuous employment of not less than 2 terms; or
b
the school year does not consist of 3 or 6 school terms, the reference in paragraph (1) to a period of continuous employment of not less than one term has effect instead as a reference to a period of continuous employment of not less than 63 days.
4
A continuous period of employment in an institution where the school year consists of 3 school terms which consists of —
a
consecutive parts of 2 school terms; and
b
where (disregarding holidays between them) when aggregated those parts equal at least the length of the shorter school term of that period,
counts as employment of 1 term for the purposes of paragraph (1).
5
A continuous period of employment in an institution where the school year consists of 6 school terms which consists of —
a
a school term preceded by and followed by parts of 2 school terms; and
b
where those parts (which disregarding holidays between them) when aggregated equal at least the length of the shorter school term of those 2 parts,
counts as employment of 2 terms for the purposes of paragraph (1) as read with paragraph (3).
6
No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school so agrees before the start of such period.
7
Except as provided for in paragraphs (1) to (5), no period of employment as a teacher counts towards an induction period.
Extension of an induction period before completion
11
1
Subject to paragraph (2), where a person serving an induction period is absent from work on 30 or more operating days, that person’s induction period is to be extended by the aggregate period of that person’s absences.
2
Paragraph (1) does not apply where a person is absent from work for more than 30 operating days only by reason of the maternity leave period specified in regulation 7(1) of the Maternity and Parental Leave etc Regulations 1999 unless she so chooses.
3
Where an induction period is extended under regulation 10 of the Welsh Induction Regulations and the person serving the induction period becomes employed at a school or a further education institution in England, the induction period is to be treated as having been extended under this regulation.
4
Except as provided for in this regulation an induction period may not be extended before its completion.
Service of more than one induction period
12
No person may serve more than one induction period.
Supervision and training during the induction period
13
1
The head teacher of an institution in which a person serves a period of employment for the purposes of regulation 10 and the appropriate body in relation to that institution is responsible for that person’s supervision and training during that period of employment.
2
The duties assigned to a person serving an induction period, that person’s supervision and the conditions under which that person works are to be such as to facilitate a fair and effective assessment of that person’s conduct and efficiency as a teacher.
Responsibility for an induction period served by a teacher employed in two or more institutions simultaneously
14
1
Subject to paragraph (2), where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of those institutions must agree which of them is to act as the lead head teacher.
2
The lead head teacher is to be solely responsible for carrying out the functions of the head teacher specified in regulation 16(4).
3
The appropriate body in relation to the lead head teacher’s school or further education institution is to be solely responsible for carrying out the functions of the appropriate body specified in regulation 16.
Standards for determining whether a person has satisfactorily completed an induction period
15
The Secretary of State may determine the standards against which persons who have completed an induction period are to be assessed for the purpose of deciding whether they have satisfactorily completed their induction period, and may determine different standards in relation to different categories of persons.
Completion of an induction period
16
1
Subject to paragraph (2), this regulation applies where —
a
a person is working as a qualified teacher at an institution in England when the induction period is competed, or
b
in the case of a person to whom regulation 14(1) applies when the induction period is completed, the lead head teacher’s institution is in England.
2
This regulation is subject to Schedule 3.
3
A person has completed an induction period for the purposes of this regulation where that person has served —
a
an induction period of the length specified in regulation 9; and
b
any extension to that induction period pursuant to —
i
regulation 11;
ii
a decision by the appropriate body under paragraph (5)(b); or
iii
a decision by the Council under regulation 19(3)(c) or (4)(c).
4
The head teacher of the institution at which the person is employed at the completion of the induction period must within the period of 10 working days beginning with the date on which the induction period was completed —
a
make a written recommendation to the appropriate body in relation to that institution as to whether the person has achieved the standards mentioned in regulation 15, and
b
at the same time send a copy of the recommendation to the person.
5
The appropriate body must within the period of 20 working days beginning with the date on which it received the head teacher’s recommendation under paragraph (4), decide whether the person —
a
has achieved the standards mentioned in regulation 15 and has accordingly satisfactorily completed the induction period;
b
should have the induction period extended by such period as it determines; or
c
has failed satisfactorily to complete the induction period.
6
Before making a decision under paragraph (5) the appropriate body is to have regard to any written representations received from the person in question within the period of 10 working days beginning with the date on which it received the head teacher’s recommendation under paragraph (4) (a).
7
The appropriate body must, within the period of 3 working days (or as soon as practicable in the case of the Council) beginning with the date on which it made a decision under paragraph (5) —
a
give written notice of its decision to —
i
the person in question;
ii
the head teacher of the institution at which that person was employed at the completion of the induction period;
iii
if the person is not employed by the appropriate body, that person’s employer at the completion of the induction period;
iv
the Council; and
b
if the appropriate body made a decision falling within paragraph (5)(b) or (c), give the person to whom the decision relates written notice of —
i
that person’s right to appeal pursuant to regulation 19 against the decision;
ii
the name and address of the Council; and
iii
the time period for making an appeal.
8
Notice under paragraph (7) may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method is regarded as given when it is received in legible form.
9
In this regulation “appropriate body” means the appropriate body for the institution at which the person is employed at the completion of the induction period except where it is determined by regulation 14(3).
Extension of an induction period pursuant to a decision of the appropriate body or the Council
17
Regulations 8, 10, 12 to 16, 18 and 19 and Schedule 4 apply in relation to —
a
a person serving an induction period extended under regulation 16 or by the Council under regulation 19, or
b
a person for the time being serving an induction period in England where the induction period has been extended under regulation 10 of the Welsh Induction Regulations.
Termination of employment following failure to complete an induction period satisfactorily
18
1
This paragraph applies to a person employed as a teacher at a relevant school in England when the decision is made under regulation 16(5)(c) of these Regulations, or regulation 14(3)(c) of the Welsh Induction Regulations, that the person has failed satisfactorily to complete the induction period which the person is required to serve under these Regulations or the Welsh Induction Regulations.
2
The employer of a person to whom paragraph (1) applies must secure the termination of the person’s employment as a teacher if —
a
no appeal is made to the Council against the decision of the appropriate body; or
b
the appeal to the Council is dismissed.
3
An employer must take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect within the period of 10 working days beginning with the date on which —
a
the employer received written notification from such person that the person did not intend to appeal to the Council; or
b
the time limit for appeal imposed by paragraph 2(1) of Schedule 4 expired or by paragraph 2(1) of Schedule 2 to the Welsh Induction Regulations expired in the case of a person who has served an induction period under those Regulations.
4
The employer must take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect within the period of 10 working days beginning with the date on which the employer received written notice of the outcome of the appeal hearing.
5
In this regulation, any reference to “the Council” in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations, is a reference to the General Teaching Council for Wales.
Appeals
19
1
Where the appropriate body decides that —
a
the induction period to be served by a person should be extended; or
b
a person has failed satisfactorily to complete the induction period,
that person may appeal to the Council against the decision.
2
Schedule 4 has effect in relation to appeals under this regulation.
3
Where a person appeals against a decision to extend the induction period to be served by that person, the Council may —
a
allow the appeal;
b
dismiss the appeal; or
c
substitute a different period of extension.
4
Where a person appeals against a decision that the person has failed satisfactorily to complete the induction period, the Council may —
a
allow the appeal;
b
dismiss the appeal; or
c
extend the induction for such period as it thinks fit.
Other functions of the appropriate body
20
1
The appropriate body may provide —
a
guidance, support and assistance to schools and further education institutions; and
b
training for teachers
in connection with providing induction training, supervision and assessment under these Regulations.
Charges
21
The appropriate body in relation to an independent school or further education institution may make a reasonable charge not exceeding the cost of provision of the service to the proprietor of a school or the governing body of a further education institution, for which it is the appropriate body in connection with any of its functions under these Regulations.
Guidance given by the Secretary of State
22
A person or body exercising a function under these Regulations must have regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.
Jim Knight
Minister of State
Department for Children, Schools and Families
7th March 2008


text:
This Order may be cited as the Royal Pharmaceutical Society of Great Britain (Registration Amendment Rules) Order of Council 2008 and comes into force on 21st July 2008.
Judith Simpson
Clerk of the Privy Council