text:
Citation and commencement
1
1
This Order may be cited as the District of East Northamptonshire (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of East Northamptonshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of East Northamptonshire (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of East Northamptonshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-two wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Higham Ferrers
4
1
The parish of Higham Ferrers shall be divided into two wards which shall be named Higham Ferrers Chichele and Higham Ferrers Lancaster.
2
Each ward shall comprise the area designated on sheets 2 and 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each ward shall be eight.
Wards of the parish of Irthlingborough
5
1
The parish of Irthlingborough shall be divided into two wards which shall be named Irthlingborough John Pyel and Irthlingborough Waterloo.
2
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Raunds
6
1
The existing wards of the parish of Raunds shall be abolished.
2
The parish shall be divided into two wards which shall be named Raunds Saxon and Raunds Windmill.
3
Each ward shall comprise the area designated on sheets 1 and 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Rushden
7
1
The existing wards of the parish of Rushden shall be abolished.
2
The parish shall be divided into five wards which shall be named Rushden Bates, Rushden Hayden, Rushden Pemberton, Rushden Sartoris and Rushden Spencer.
3
Each ward shall comprise the area designated on sheets 2 and 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Rushden Hayden, Rushden Pemberton and Rushden Spencer wards shall be five, and for each of Rushden Bates and Rushden Sartoris wards shall be three.
Wards of the parish of Thrapston
8
1
The parish of Thrapston shall be divided into two wards which shall be named Thrapston Lakes and Thrapston Market.
2
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for Thrapston Lakes ward shall be eight and for Thrapston Market ward shall be five.
Map
9
East Northamptonshire District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
10
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment No. 2) Regulations 2007 and shall come into force on 28th December 2007.
2
These Regulations have effect in relation to policies or contracts made by an insurance company on or after the date on which these Regulations come into force.
Amendment of regulation 7 of the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000
2
1
The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 are amended as follows.
2
In regulation 7(b) (circumstances where business not prescribed for the purpose of section 431D(1A)(d)), for “qualifying overseas pension scheme within the meaning of paragraph 5 of Schedule 33 to the Finance Act 2004 ” substitute “recognised overseas pension scheme within the meaning given by section 150(8) of the Finance Act 2004”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
6th December 2007


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Splitting of Schemes) (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
Amendment of the Registered Pension Schemes (Splitting of Schemes) Regulations 2006
2
1
The Registered Pension Schemes (Splitting of Schemes) Regulations 2006 are amended as follows.
2
At the start of the first column of the table in Schedule 2 (schemes to be treated as sub-schemes pursuant to regulation 2(4)) before “Metropolitan Police Authority” insert —
Avon & Somerset Police Authority
Bedfordshire Police Authority
Cambridgeshire Police Authority
Cheshire Police Authority
City of London Police Authority
Cleveland Police Authority
Cumbria Police Authority
Derbyshire Police Authority
Devon & Cornwall Constabulary
Dorset Police Force Headquarters
Durham Police Authority
Dyfed Powys Police Authority
Essex Police Authority
Gloucestershire Police Authority
Greater Manchester Police Authority
Gwent Police Authority Office
Hampshire Police Authority
Hertfordshire Police Authority
Humberside Police Authority
Kent Police Authority
Lancashire Police Authority
Leicestershire Police Authority
Lincolnshire Police Headquarters
Merseyside Police Authority
.
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th March 2007


text:
Citation and commencement
1
This Order may be cited as the Haringey Sixth Form Centre (Governing Body) Order 2007 and comes into force on 22nd October 2007.
Exemption
2
Regulations 12(3)(e) and (f), 13(1), 30(2) and paragraph 1 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2007 are not to apply to the governing body of the School.
Time Period
3
This Order has effect up to and including 31st August 2010.
Jim Knight
Minister of State
Department for Children, Schools and Families
16th September 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2007 and shall come into force on 12th March 2007, immediately after the coming into force of the Sulphur Content of Liquid Fuels (Scotland) Regulations 2007 .
2
This Order does not extend to Northern Ireland.
Specification of functions
2
The functions exercisable by the Scottish Ministers under the enactments mentioned in column 1 of the Schedule to this Order (subject to any restriction mentioned in the corresponding entry in column 2 of that Schedule) are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Data Retention (EC Directive) Regulations 2007 and shall come into force on 1 st October 2007.
Interpretation
2
In these Regulations —
a
‘cell ID’ means the identity or location label of the cell from which a mobile telephony call was made or received;
b
‘data’ means traffic data and location data, as defined in paragraph (g), and the related data necessary to identify the subscriber and the registered user;
c
‘personal data’ has the meaning given in section 1 of the Data Protection Act 1998 ;
d
‘public communications provider’ means:
i
a provider of a public electronic communications network; or
ii
a provider of a public electronic communications service;
e
‘public electronic communications network’ and ‘public electronic communications service’ have the meaning given in section 151 of the Communications Act 2003 ;
f
‘telephone service’ means calls (including voice, voicemail and conference and data calls), supplementary services (including call forwarding and call transfer) and messaging and multi-media services (including short message services, enhanced media services and multi-media services);
g
‘traffic data’ and ‘location data’ have the meaning given in regulation 2 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 ;
h
‘unsuccessful call attempt’ means a communication where a telephone call has been successfully connected but not answered or there has been a network management intervention.
Application
3
1
Subject to paragraph (2), these Regulations shall apply to all public communications providers.
2
These Regulations shall not apply, except where written notice has been given by the Secretary of State, to a public communications provider whose data are retained in the United Kingdom in accordance with these Regulations by another public communications provider.
3
If only a part of that data is so retained by another public communications provider, these Regulations apply to the public communications provider only with respect to the data not so retained.
4
A written notice must be given or published in such a manner as the Secretary of State considers appropriate for bringing it to the attention of the public communications provider or the category of providers to whom it applies and must specify the extent to which and the date from which these Regulations are to apply.
Obligation to retain data
4
1
Subject to paragraphs (4) and (5), the data specified in regulation 5 must be retained to the extent that those data are generated or processed by a public communications provider in the process of supplying the communications services concerned.
2
The data specified in regulation 5 are to be retained by the public communications provider for a period of 12 months from the date of the communication.
3
The duty to retain data under paragraph (1) includes the retention of the data specified in regulation 5 relating to an unsuccessful call attempt where those data are generated or processed, and stored, in the United Kingdom by a public communications provider in the process of supplying the communication services concerned.
4
These Regulations do not require data relating to unconnected calls to be retained.
5
These Regulations do not require data derived from Internet access, Internet e-mail or Internet telephony to be retained.
Data to be retained
5
1
The following data concerning fixed network telephony and mobile telephony generated in the United Kingdom must be retained in accordance with regulation 4(1):
a
the telephone number from which the telephone call was made and the name and address of the subscriber and registered user of that telephone;
b
the telephone number dialled and, in cases involving supplementary services such as call forwarding or call transfer, any telephone number to which the call is forwarded or transferred, and the name and address of the subscriber and registered user of such telephone;
c
the date and time of the start and end of the call; and
d
the telephone service used.
2
The following data concerning mobile telephony must be retained in accordance with regulation 4(1):
a
the International Mobile Subscriber Identity ( IMSI ) and the International Mobile Equipment Identity ( IMEI ) of the telephone from which a telephone call is made;
b
the IMSI and the IMEI of the telephone dialled;
c
in the case of pre-paid anonymous services, the date and time of the initial activation of the service and the cell ID from which the service was activated;
d
the cell ID at the start of the communication; and
e
data identifying the geographic location of cells by reference to their cell ID.
Data security
6
The following data security principles shall apply with respect to data retained in accordance with regulation 4(1):
a
the retained data shall be of the same quality and subject to the same security and protection as those data on the public electronic communications network;
b
the data shall be subject to appropriate technical and organisational measures to protect the data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure;
c
the data shall be subject to appropriate technical and organisational measures to ensure that they can be accessed by specially authorised personnel only; and
d
in the case of data retained solely in accordance with regulation 4(1), the data shall be destroyed by the public communications provider at the end of the period of retention.
Storage requirements for retained data
7
The data specified in regulation 5 shall be retained in accordance with regulation 4(1) in such a way that the data retained can be transmitted without undue delay in response to requests.
Supervisory authority
8
The Information Commissioner , as the Supervisory Authority designated for the purposes of Article 9 of Directive 2006/24/EC shall monitor the application of these Regulations with respect to the security of stored data.
Statistics
9
1
A public communications provider shall, as soon as practicable after 31 st March in any year, provide the Secretary of State with the statistical information to which paragraph (2) applies in respect of the period of 12 months ending on that date.
2
The statistical information to which this paragraph applies is —
a
The number of occasions when data have been disclosed in response to a request;
b
The number of occasions when a request for lawfully disclosable data could not be met.
3
The Secretary of State may, by notice given in writing to the public communications provider, vary the date specified in paragraph (1), with such transitional arrangements as may be necessary in consequence of the variation.
Payment
10
1
The Secretary of State may reimburse any expenses incurred by a public communications provider in complying with these Regulations.
2
Such reimbursement may be conditional on the expenses having been notified to the Secretary of State and agreed in advance.
3
The Secretary of State may require any public communications provider to comply with any audit that may be reasonably required to monitor any claim for reimbursement pursuant to this regulation.
Tony McNulty
Minister of State
Home Office
26th July 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (North West Operational Programme) (Implementation) Regulations 2007 and shall come into force on 31st January 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Agency ” means the North West Development Agency ;
“ the Commission ” means the Commission of the European Communities;
“commitment” means an agreement entered into by the Agency or a global grant body in relation to an award of assistance granted by the Fund ;
“the Council Regulation ” means Council Regulation ( EC ) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999 ;
“the Fund” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“the Fund contribution” means the contribution from the Fund made available for the Operational Programme;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operational Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“North West region” means the region named “North West” in Schedule 1 to the 1998 Act;
“Operational Programme” means the document which —
is an “operational programme” within the meaning given by Article 2; and
sets out the development strategy to be carried out with the aid of the Fund in the North West region as a contribution towards achieving the Regional competitiveness and employment objective referred to in Article 3(2); and
“Schedule of Functions” means the document published by the Secretary of State on 21st December 2007 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for the North West”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme .
2
In these Regulations, a reference to an Article is a reference to an Article of the Council Regulation.
Designation of intermediate body
3
1
The Agency is designated as an intermediate body for the purposes of Article 59(2) to carry out the functions of the Managing Authority referred to in paragraph (2) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
2
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
General duties of intermediate body
4
The Agency shall carry out the intermediate body functions, and shall do so in accordance with all requirements and procedures specified in the documents which (consistently with the general principles laid down by Article 58) set up the system of management and control of the Operational Programme.
Power to guide and direct the Agency
5
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of the intermediate body functions as if the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority.
Statement of accounts
6
In section 14 of the 1998 Act (accounts and records), the duty in subsection (1)(b) to prepare a statement of accounts shall apply in relation to the exercise by the Agency of the intermediate body functions as if —
a
the reference to the income of the agency included a reference to the amount of any payment to the Agency of the Fund contribution; and
b
the reference to the expenditure of the agency included a reference to the expenditure by the Agency of the Fund contribution.
Global grant bodies
7
1
A designation under Article 42(1) of a global grant body shall be made by notice in writing directed to the body concerned.
2
Neither the Secretary of State nor the Managing Authority shall designate a global grant body without the consent of the body concerned and without first consulting the Agency.
3
Where any part of the Operational Programme has been entrusted to a global grant body, that body shall manage and implement that part in accordance with the provisions of the agreement that it concludes with the Secretary of State or the Managing Authority under Article 42(1).
4
The Secretary of State may at any time by notice in writing revoke the designation of a global grant body made by the Secretary of State.
5
The Managing Authority may at any time by notice in writing revoke the designation of a global grant body made by the Managing Authority.
Recovery of sums paid under a commitment
8
In any case where a sum falls to be paid to the Agency or a global grant body under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Agency or the global grant body concerned.
Provision relating to payment of the contribution from the Fund
9
1
In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to —
a
payments by the Managing Authority of the Fund contribution;
b
payments by the Agency from the Fund contribution; and
c
the certification and audit of such payments.
2
The documents referred to in paragraph (1) may include provision for —
a
payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
b
payments to global grant bodies;
c
payments pursuant to a commitment;
d
relations which the Agency has with the certifying authority and the audit authority; and
e
relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
3
The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
4
Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
5
In this regulation —
a
“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
b
“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
28th December 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 and shall come into force on 29th October 2007.
2
In these Regulations —
“the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 ;
“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 .
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
1
The Attendance Allowance Regulations shall be amended as follows.
2
For regulation 7 (persons in certain accommodation other than hospitals) substitute —
Persons in care homes
7
1
Subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
2
The specified enactments for the purposes of paragraph (1) are —
a
i
Part III of the National Assistance Act 1948 ,
ii
Part IV of the Social Work (Scotland) Act 1968 ,
iii
the Mental Health (Care and Treatment) (Scotland) Act 2003 ,
iv
the Community Care and Health (Scotland) Act 2002 ,
v
the Mental Health Act 1983 , or
b
any other enactment relating to persons under disability.
3
In this regulation, and in regulation 8, references to the costs of any qualifying services shall not include the cost of —
a
domiciliary services, including personal care, provided in respect of a person in a private dwelling; or
b
improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or
c
improvements made to, or furniture or equipment provided for, a care home in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or
d
social and recreational activities provided outside the care home in respect of which grants or payments are made out of public or local funds; or
e
the purchase or running of a motor vehicle to be used in connection with any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or
f
services provided pursuant to the National Health Service Act 2006 , the National Health Service (Wales) Act 2006 , or the National Health Service (Scotland) Act 1978 .
4
For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (5) and (6), be deemed —
a
to begin on the day after the day on which he enters a care home, and
b
to end on the day before the day on which he leaves a care home.
5
Where a person enters a care home from a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.
6
Where a person leaves a care home and enters a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home.
.
3
For paragraph (6) of regulation 8 (exemption from regulations 6 and 7) substitute —
6
Regulation 7 shall not apply in any particular case for any period during which the whole costs of all of the qualifying services are met —
a
out of the resources of the person for whom the qualifying services are provided, or partly out of his own resources and partly with assistance from another person or a charity, or
b
on his behalf by another person or a charity.
.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
3
1
The Disability Living Allowance Regulations shall be amended as follows.
2
For regulation 9 (persons in certain accommodation other than hospitals) substitute —
Persons in care homes
9
1
Except in the cases specified in paragraphs (3) to (5), and subject to regulation 10, a person shall not be paid any amount in respect of a disability living allowance which is attributable to entitlement to the care component for any period where throughout that period he is a resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
2
The specified enactments for the purposes of paragraph (1) are —
a
i
Part III of the National Assistance Act 1948,
ii
Part IV of the Social Work (Scotland) Act 1968,
iii
the Mental Health (Care and Treatment) (Scotland) Act 2003,
iv
the Community Care and Health (Scotland) Act 2002,
v
the Mental Health Act 1983; or
b
any other enactment relating to persons under disability or to young persons or to education or training.
3
Paragraph (2)(b) shall not apply in circumstances where any of the costs of the qualifying services provided for him are borne wholly or partly out of public or local funds by virtue of —
a
section 485 of the Education Act 1996 , section 14 of the Education Act 2002 or section 73 of the Education (Scotland) Act 1980 (which relate to grants in aid of educational services);
b
sections 1, 2 or 3 of the Education Act 1962 (which relate respectively to awards by local education authorities in respect of degree courses and further education and awards by the Secretary of State to persons undergoing teacher training or postgraduate courses) or sections 49 or 73 of the Education (Scotland) Act 1980 (which relate respectively to the power of education authorities to assist persons to take advantage of educational facilities and the powers of the Secretary of State to make grants to education authorities and others);
c
section 65 of the Further and Higher Education Act 1992 or sections 4 or 11 of the Further and Higher Education (Scotland) Act 2005 (which relate respectively to the funding of further education and the administration of funds);
d
section 1 of the Education (Student Loans) Act 1990 (which relates to student loans); or
e
section 22 of the Teaching and Higher Education Act 1998 .
4
Subject to paragraph (5), paragraphs (1) and (2) shall not apply in the case of a child who —
a
has not attained the age of 16 and is being looked after by a local authority; or
b
has not attained the age of 18 and to whom —
i
section 17(10)(b) of the Children Act 1989 or section 93(4)(a)(ii) of the Children (Scotland) Act 1995 (impairment of health and development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him, or
ii
section 17(10)(c) of the Children Act 1989 (disability) or section 93(4)(a)(iii) of the Children (Scotland) Act 1995 (disability) applies; or
c
who is accommodated outside the United Kingdom and the costs of any qualifying services are borne wholly or partly by a local authority pursuant to their powers under section 320 of the Education Act 1996 or section 25 of the Education (Additional Support for Learning) (Scotland) Act 2004 .
5
Sub-paragraphs (a) and (b) of paragraph (4) shall only apply during any period which the local authority looking after the child place him in a private dwelling with a family, or a relative of his, or some other suitable person.
6
In this regulation and in regulation 10, references to the costs of any qualifying services shall not include the cost of —
a
domiciliary services, including personal care, provided in respect of a person in a private dwelling; or
b
improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or
c
improvements made to, or furniture or equipment provided for, a care home in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or
d
social and recreational activities provided outside the care home in respect of which grants or payments are made out of public or local funds; or
e
the purchase or running of a motor vehicle to be used in connection with any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or
f
services provided pursuant to the National Health Service Act 2006, the National Health Service (Wales) Act 2006, or the National Health Service (Scotland) Act 1978.
7
For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (8) and (9), be deemed —
a
to begin on the day after the day on which he enters a care home, and
b
to end on the day before the day on which he leaves a care home.
8
Where a person enters a care home from a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.
9
Where a person leaves a care home and enters a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home
.
3
For paragraph (8) of regulation 10 (exemption from regulations 8 and 9) substitute —
8
Regulation 9 shall not apply in any particular case for any period during which the whole costs of all of the qualifying services are met —
a
out of the resources of the person for whom the qualifying services are provided, or partly out of his own resources and partly with the assistance from another person or a charity, or
b
on his behalf by another person or a charity.
.
Transitional and saving provisions
4
1
The substitution by these Regulations of regulation 7 of the Attendance Allowance Regulations shall not prevent any day before the coming into force of these Regulations from being included in the first 28 day period to which regulation 8(1) of the Attendance Allowance Regulations refers.
2
The substitution by these Regulations of regulation 9 of the Disability Living Allowance Regulations shall not prevent any day before the coming into force of these Regulations from being included in —
a
the first 28 day period to which regulation 10(1) of the Disability Living Allowance Regulations refers; or
b
the first 84 days to which regulation 10(2) of the Disability Living Allowance Regulations refers where that person has not attained the age of 16.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under Secretary of State
Department for Work and Pensions
2nd October 2007


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnet (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(i) 87 92 3(ii) 534 563 4 12 13 (in both cases where it occurs) 5(i) 58 61 5(ii) 87 92
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
21st February 2007
We consent to the making of these Regulations
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2007


text:
Citation and commencement
1
This Order may be cited as the Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007 and shall come into force on 6th April 2007.
Specified interest rate
2
For the purposes of paragraph 3(5)(b) of Schedule 10 to the Housing Act 2004 the specified interest rate is a rate equivalent to the base rate of the Bank of England less 2.32 percent.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary Of State
Department for Communities and Local Government
13th March 2007
Signed on behalf of the National Assembly for Wales
Dafydd Ellis-Thomas
The Presiding Officer of the National Assembly
6th February 2007


text:
Citation and Commencement
1
These Regulations may be cited as the Student Fees (Amounts) (England) (Amendment) Regulations 2007 and come into force on 1st September 2008.
Increases to the prescribed basic and higher amounts
2
The Student Fees (Amounts) (England) Regulations 2004 are amended as follows:
a
in regulation 4 for “£1225” substitute “£1255” and for “£3070” substitute “£3145”, and
b
in regulation 5 for “£610” substitute “£625” and for “£1535” substitute “£1570”.
Revocation of the Student Fees (Amounts) (England) (Amendment) Regulations 2006
3
The Student Fees (Amounts) (England) (Amendment) Regulations 2006 are revoked.
Bill Rammell
Minister of State
Department for Education and Skills
27th June 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force on 1st April 2008.
4
In these Regulations —
“the 1997 Regulations ” means the Local Government Pension Scheme Regulations 1997 ;
`“the 1997 Scheme ” means the occupational pension scheme constituted by the 1997 Regulations;
“appropriate administering authority” means the body maintaining the appropriate fund;
“appropriate fund”, in relation to a member, means the fund into which he pays contributions and from which he receives benefits;
“eligible child” has the meaning given by regulation 26;
“employing authority” means a body employing an employee who is eligible to be a member;
“financial year” means the year ending 31st March;
“nominated cohabiting partner” has the meaning given by regulation 25;
“part-time employee” means an employee whose contract of employment provides —
that he is such an employee for the Scheme , or
who is neither a whole-time employee nor a variable-time employee;
“the Scheme” means the Local Government Pension Scheme 2008 constituted by these Regulations;
“variable-time employee” means an employee whose contract of employment provides that he is such an employee for the Scheme and —
whose pay is calculated by reference to his duties (rather than necessarily by reference to the number of hours he has worked), or
whose duties only have to be performed on an occasional basis; and
“whole-time employee” means an employee whose contract of employment provides —
that he is such an employee for the Scheme, or
that his contractual hours are not less than the number of contractual hours for a person employed in that employment on a whole-time basis.
Active members
2
1
An employee of a body listed in —
a
Chapter 1 of Part 2 of;
b
Chapter 1 of Part 5 of; or
c
Schedule 2 to
the 1997 Regulations is an active member of the Scheme.
2
But a person is not an active member unless he is employed under a contract of employment of more than three months’ duration.
3
An active member of the 1997 Scheme is an active member of the Scheme for as long as he continues in Local Government Pension Scheme employment.
Contributions payable by active members
3
1
Subject to paragraph (9), each active member shall make contributions to the Scheme at the contribution rate from his pensionable pay in each employment in which he is an active member.
2
Subject to paragraph (4), the contribution rate to be applied to his pensionable pay in any financial year is calculated on the basis of his pensionable pay in the previous financial year in accordance with the following table.
Band Range Contribution rate
1 £0-£12,000 5.5% 2 £12,001-£14,000 5.8% 3 £14,001-£18,000 5.9% 4 £18,001-£30,000 6.5% 5 £30,001-£40,000 6.8% 6 £40,001-£75,000 7.2% 7 More than £75,000 7.5%
3
On 1st April 2009, and each subsequent anniversary thereof, the figures in the second column of the table in paragraph (2) (“Range”) are increased as if they were pensions to which the Pensions (Increase) Act 1971 applied.
4
Where a member is employed in any employment for part only of any financial year, the range (and the contribution rate) applicable to him are those that would have applied had he been so employed for the whole of that financial year.
5
Where a member is a part-time employee, his contributions shall be calculated by multiplying the contributions he would have paid had he been a full-time employee (calculated in accordance with paragraph (2)) by the proportion that the number of his weekly hours bears to the number of weekly hours that he would have worked had he been a full-time employee.
6
But a term-time worker is not a part-time employee for the purposes of this regulation.
7
In this regulation, “term-time worker” means a person whose contract of employment provides for a regular pattern of periods of work and periods of no work so as to result in a recognisable cycle of work consisting of one year (but is not limited to persons working in educational establishments).
8
The amount of an employee’s pensionable pay for the purposes of this regulation is calculated in accordance with regulation 4.
9
In any event, an active member does not make any contributions after the day before his 75th birthday.
10
A person who is an active member in more than one employment must make contributions for each of those employments.
11
His appropriate administering authority may decide the intervals at which the contributions are made.
12
For this regulation any reduction in pensionable pay by reason of the actual or assumed enjoyment by the member of any statutory entitlement during any period away from work shall be disregarded.
Meaning of “pensionable pay”
4
1
An employee’s pensionable pay is the total of —
a
all the salary, wages, fees and other payments paid to him for his own use in respect of his employment; and
b
any other payment or benefit specified in his contract of employment as being a pensionable emolument.
2
But an employee’s pensionable pay does not include —
a
payments for non-contractual overtime;
b
any travelling, subsistence or other allowance paid in respect of expenses incurred in relation to the employment;
c
any payment in consideration of loss of holidays;
d
any payment in lieu of notice to terminate his contract of employment; or
e
any payment as an inducement not to terminate his employment before the payment is made.
3
No sum may be taken into account in calculating pensionable pay unless income tax liability has been determined on it.
Benefits
5
1
Membership of the Scheme only entitles the member to benefits under these Regulations if —
a
his total membership is at least three months; or
b
a transfer value is credited to him.
2
But paragraph (1) does not apply to benefits in respect of a member under regulation 23 (death grants: active members), regulation 24 (survivor benefits: active members), or regulation 28 (children’s pensions: active members).
Periods of membership
6
1
These are the periods which count as periods of membership —
a
any period for which a member has paid (or is treated as having paid) contributions under regulation 3; and
b
any period added under regulations 12 or 20.
2
Where a member who has left local government employment rejoins such employment before his normal retirement age, the periods mentioned in paragraph (1) are (unless he chooses otherwise) aggregated with any such subsequent periods.
Calculation of length of periods of membership
7
1
In calculating the length of a period of membership, fractions of years of membership count.
2
The numerator of such fractions is the number of complete days of membership and the denominator is 365.
3
Membership in part-time service is counted as the appropriate fraction of the duration of membership.
4
The numerator of that fraction is the number of contractual hours during the part-time service and its denominator is the number of contractual hours of that employment if it were on a whole-time basis.
5
The amount of any benefit payable to a member as a result of his membership is his total period of membership multiplied by his final pay and divided by 60.
Final pay: general
8
1
Subject to regulations 9 to 11, a member’s final pay for an employment is his pay for as much of the final pay period as he is entitled to count as active membership in local government employment.
2
A member’s final pay period is the year ending with the day on which he stops being an active member.
3
In the case of part-time employment, the final pay is the pay that would have been paid for a single comparable whole-time employment.
4
Any reduction or suspension of a member’s pensionable pay during the final pay period because of his absence from work owing to illness or injury is disregarded.
Final pay: reserve forces, maternity leave etc.
9
1
If a member’s final pay period includes reserve forces service leave, his final pay is —
a
in a case where he has continued to pay contributions in respect of it, the amount it would have been if his reserve forces pay were pay received in his former local government employment, or
b
otherwise, the amount it would have been if he had continued to be employed in his former employment during the period of that leave.
2
For the purposes of these regulations, a member’s final pay for any period of maternity, paternity or adoption absence during the final pay period in respect of which he pays or is treated as paying contributions is the pay he would have received had he not been absent.
3
If a member is absent from work for any other reason during his final pay period, he is only to be treated for these regulations as having received the pensionable pay he would otherwise have received if he has continued to pay contributions in respect of it for the period he is absent.
4
If a member is only entitled to count part of the year specified in regulation 8(2) as a period of active membership in relation to the employment which he ceases to hold, his final pay is his pensionable pay during that part multiplied by 365 and divided by the number of days in that part.
5
Final pay does not include any pension in payment.
Final pay: reductions
10
1
— A member who is in whole-time employment and whose pensionable pay has been reduced because he has chosen to continue in local government employment at a lower grade or with less responsibility than his previous post may, subject to paragraph (3), choose to have his final pay calculated as the average of his annual pensionable pay in any three consecutive years ending 31st March within the period of ten years ending with the last day he was an active member.
2
And the average referred to in paragraph (1) is increased as if it were a pension to which the Pensions (Increase) Act 1971 applies.
3
A member who has had a request under regulation 18 granted may not choose under paragraph (1) in respect of the same event.
Final pay: fees
11
1
Subject to paragraph (2), where a variable-time employee’s pensionable pay for the purposes of regulation 8(1) consists of or includes fees, his final pay is calculated as the sum of —
a
the average of all such fees for the three consecutive years ending with the final pay period; and
b
any sums falling within regulation 4(1), other than fees, for the final pay period.
2
But a member’s employer may consent to him having his final pay calculated as the average of all such fees for any three consecutive years ending 31st March within the period of ten years ending with the last day he was an active member.
Power of employing authority to increase total membership of active members
12
1
An employing authority may resolve to increase the total membership of an active member.
2
A member’s total additional membership under this regulation (including additional membership in respect of different employments) must not exceed 10 years.
Power of employing authority to award additional pension
13
1
An employing authority may resolve to award a member additional pension of not more than £5000 a year payable from the same date as his pension payable under any other provisions of these Regulations.
2
Additional pension may be paid in addition to any increase of total membership resolved to be made under regulation 12.
Election in respect of additional pension
14
1
A member may choose to pay additional contributions in order to be credited with additional pension, in respect of him alone or in respect of him and any survivor, of £250 a year or multiples thereof to a maximum of £5000.
2
If he chooses to take the additional pension referred to in paragraph (1) earlier or later than his normal retirement age, it is reduced or, as the case may be, increased.
3
The amount of the additional contributions to be paid under paragraph (1), and the reduction or increase referred to in paragraph (2), is calculated in accordance with guidance issued by the Government Actuary.
Elections to pay AVCs
15
1
A member who has entered into an arrangement to pay additional voluntary contributions (“AVCs”) or to contribute to a shared cost AVC in addition to any other contributions he may pay under these Regulations is entitled to additional benefits in accordance with one of the methods permissible under the Finance Act 2004.
2
Where a member chooses to take some or all of the benefits referred to in paragraph (1) in the form of a lump sum, that sum forms part of the total amount referred to in regulation 21(2).
3
In this regulation, “a shared cost AVC” means an arrangement established and maintained by an employing authority for the purpose of enabling contributions to be paid by and for active members.
Retirement benefits
16
1
A member who has attained the Scheme’s normal retirement age and ceases to be employed in local government pension scheme employment is entitled to immediate payment of retirement pension without reduction.
2
The normal retirement age of the Scheme is 65.
Retirement after the normal retirement date
17
1
A member who remains in employment after his 65th birthday is entitled to a pension when he retires from service.
2
His pension rights accrued at that date, and any rights accruing between that date and the date of his retirement or the day before his 75th birthday, whichever is earlier, shall be enhanced in accordance with guidance issued by the Government Actuary.
3
The pension is payable immediately on retirement.
4
But it must begin to be paid not later than the day before the member’s 75th birthday even if he has not retired.
Flexible retirement
18
1
A member who has attained the age of 55 and who, with his employer’s consent, reduces the hours he works, or the grade in which he is employed, may make a request in writing to the appropriate administering authority to receive all or part of his benefits under these Regulations, and the authority may pay those benefits to him notwithstanding that he has not retired from that employment.
2
If the payment of benefits referred to in paragraph (1) takes effect before the member’s 65th birthday, the benefits payable are reduced in accordance with guidance issued by the Government Actuary.
3
But the employer may agree to waive, in whole or in part, any such reduction as is referred to in paragraph (2).
4
In the case of a person who is a member on 31st March 2008, and who makes a request before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.
5
Where a member is receiving benefits under this regulation, the period of membership used to calculate those benefits is not taken into account in any subsequent calculation of such benefits to which he is entitled under these Regulations.
Early leavers: inefficiency and redundancy
19
1
Where —
a
a member is dismissed by reason of redundancy; or
b
his employing authority has decided that, on the grounds of business efficiency, it is in their interest that he should leave their employment; and
c
in either case, the member has attained the age of 55,
he is entitled to immediate payment of retirement pension without reduction.
2
In the case of a person who is a member on 31st March 2008, and to whom paragraph (1) applies before 31st March 2010, that paragraph applies as if “the age of 50” were substituted for “the age of 55”.
Early leavers: ill-health
20
1
If an employing authority determines, in the case of a member who has at least two year’s total membership —
a
to terminate his local government employment on the grounds that his ill-health or infirmity of mind or body renders him permanently incapable of discharging efficiently the duties of his current employment; and
b
that he has a reduced likelihood of obtaining gainful employment (whether in local government or otherwise) before his normal retirement age,
they shall pay him benefits under this regulation.
2
If the authority determine that there is no reasonable prospect of his obtaining gainful employment before his normal retirement age, his benefits are increased —
a
as if the date on which he left local government employment were his normal retirement age; and
b
by adding to his total membership at that date the whole of the period between that date and his actual normal retirement age.
3
If the authority determine that, although he cannot obtain gainful employment within a reasonable period of leaving local government employment, it is likely that he will be able to obtain gainful employment before his normal retirement age, his benefits are increased —
a
as if the date on which he left local government employment were his normal retirement age; and
b
by adding to his total membership at that date 25% of the period between that date and his actual normal retirement age.
4
In the case of a member in part-time service, the period to be added under paragraph (2)(b) or (3)(b), as the case may be, is calculated in accordance with regulation 7(3) as if he had remained in such part-time service until his actual normal retirement age.
5
But if, in the case of a person who is a member before 1st April 2008, and —
a
has attained the age of 50 before that date, or
b
became a member of the 1997 Scheme having —
i
attained the age of 45 before that date; and
ii
not received a transfer for any other scheme,
the period to be added under paragraph (3)(b) is less than the period that would have been added had regulation 28 of the 1997 Regulations applied, then his benefits are increased by adding the latter period.
6
Before making a determination under this regulation, an authority must obtain a certificate from an independent registered medical practitioner qualified in occupational health medicine as to whether in his opinion the member is permanently incapable of discharging efficiently the duties of the relevant local government employment because of ill-health or infirmity of mind or body and, if so, as to the likelihood of the member being able to obtain other gainful employment within a reasonable time of leaving local government employment or, as the case may be, before reaching his normal retirement age.
7
In this regulation, “qualified in occupational health medicine” means —
a
holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State; and for the purposes of this definition, “competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003 ; or
b
being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.
8
In this regulation, “gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 months.
Election for lump sum in lieu of pension
21
1
A member in respect of whom a benefit crystallisation event within the meaning of the Finance Act 2004 occurs on or after 1st April 2008 may choose in writing to the appropriate administering authority before any benefits become payable to commute his pension, or a part thereof, at a rate of £12 for every £1 of annual pension entitlement surrendered .
2
But the total amount of the member’s commuted sum, including any sum received as benefits provided in the form of a lump sum in accordance with regulation 15 shall not exceed 25% of the capital value of his accrued rights.
3
For the purposes of this regulation, a member’s accrued rights include rights accrued in respect of any payments made by or for him in accordance with the 1997 Regulations.
4
The capital value of a member’s accrued rights shall be calculated in accordance with guidance issued by the Government Actuary.
5
And for the purposes of paragraph (1), a member’s pension is his pension after any reduction pursuant to regulation 18 or 30.
Limit on total amount of benefits
22
1
A member and any dependent of his shall not be entitled, under any provision of these Regulations, to receive benefits the capital value of which exceeds his lifetime allowance increased, where applicable, by his primary protection or his enhanced protection except in accordance with guidance issued by the Government Actuary.
2
In this regulation, “lifetime allowance”, “primary protection” and “enhanced protection” are to be construed in accordance with section 218 of, and Schedule 36 to, the Finance Act 2004 .
3
Any calculation of the capital value of a member’s benefits for the purposes of this or any other of these Regulations is to be carried out in accordance with guidance issued by the Government Actuary.
4
The appropriate administering authority is responsible for deducting from any payment of benefits under the Scheme any tax to which they may become chargeable under the Finance Act 2004.
Death grants: active members
23
1
If an active member dies, a death grant is payable.
2
The appropriate administering authority at their absolute discretion may make payments in respect of the death grant to or for the benefit of the member’s nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.
3
The death grant is his final pay multiplied by 3.
4
But in calculating death grant in respect of a part-time employee, actual pensionable pay in part-time employment is to be used.
5
If the administering authority have not made payments under paragraph (1) equalling in aggregate the member’s death grant before the expiry of two years beginning with his death, they must pay an amount equal to the shortfall to the member’s personal representatives.
Survivor benefits: active members
24
1
If a member dies leaving a surviving spouse, nominated cohabiting partner or civil partner, that person is entitled to a pension.
2
The pension is calculated by multiplying his total membership, augmented as if Regulation 20(2) applied, by his final pay and divided by 160.
3
If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
Meaning of “nominated cohabiting partner”
25
1
“Nominated cohabiting partner” means a person nominated by a member in accordance with the terms of this regulation.
2
A member (A) may nominate another person (B) to receive benefits under the Scheme by giving to his administering authority a declaration signed by both A and B that the condition in paragraph (3) has been satisfied for a continuous period of at least 2 years which includes the day on which the declaration is signed.
3
The condition is that —
a
A is able to marry, or form a civil partnership with, B,
b
A and B are living together as if they were husband and wife or as if they were civil partners,
c
neither A nor B is living with a third person as if they were husband and wife or as if they were civil partners, and
d
either B is financially dependent on A or A and B are financially interdependent.
4
But a nomination has no effect if the condition in paragraph (3) has not been satisfied for a continuous period of at least 2 years which includes the day on which the declaration is signed.
5
A nomination ceases to have effect if —
a
either A or B gives written notice of revocation to the Secretary of State,
b
A makes a subsequent nomination under this regulation,
c
either A or B marries, forms a civil partnership or lives with a third person as if they were husband and wife or as if they were civil partners, or
d
B dies.
6
B is A’s surviving nominated partner if —
a
the nomination has effect at the date of A’s death, and
b
B satisfies the Secretary of State that the condition in paragraph (2) was satisfied for a continuous period of at least 2 years immediately prior to A’s death.
7
For the purposes of this regulation, two people of the same sex are to be regarded as living together as if they were civil partners if they would be regarded as living together as husband and wife if they were not of the same sex.
Meaning of “eligible child”
26
1
The child of a deceased member is an eligible child if he falls within the meaning of “dependant” for the purposes of Part 2 of Schedule 28 to the Finance Act 2004 as modified by regulation 34 of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
2
But a child who was born on or after the first anniversary of the date of the deceased’s death is not an eligible child.
3
If an appropriate administering authority wish —
a
they may treat education or training as continuous despite a break.; and
b
they may suspend payment of any entitlement to benefits under regulations 28, 34 or 37 during such a break.
Children’s pensions
27
1
If a member dies leaving one or more eligible children, they are entitled to a children’s pension.
2
The pension is payable from the death.
3
An eligible child ceases to be entitled to a pension when he ceases to be a child within regulation 26.
4
The amount of that pension is calculated in accordance with regulation 28, 34 or 37, as the case may be.
Children’s pensions: active members
28
1
The amount of the pension of an eligible child of a deceased active member is calculated as follows.
2
If a survivor benefit is payable under regulation 24 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership, augmented as if Regulation 20(2) applied, by his final pay, and dividing by 320; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership, augmented as if Regulation 20(2) applied, by his final pay, and dividing by 160; and
ii
those children are jointly entitled in equal shares.
3
If no survivor benefit is payable under regulation 24 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership, augmented as if Regulation 20(2) applied, by his final pay, and dividing by 240; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership, augmented as if Regulation 20(2) applied, by his final pay, and dividing by 120; and
ii
those children are jointly entitled in equal shares.
Calculation on leaving early
29
1
This regulation applies in the case of a member who leaves local government employment and is not entitled to immediate payment of retirement pension under any of regulations 16 to 20.
2
His entitlement to benefits that would, apart from any other provision of these Regulations, become payable on his attaining normal retirement age, is calculated in accordance with regulation 7 as at the date of his leaving such employment.
3
But that entitlement is extinguished if an aggregation takes place under regulation 6(2) or if a transfer out takes place under regulations 116 to 118 of the 1997 Regulations.
Choice of early payment of pension
30
1
If a member leaves a local government employment before he is entitled to the immediate payment of retirement benefits (apart from this regulation), once he has attained the age of 55 he may choose to receive payment of them immediately.
2
A choice made by a member aged less than 60 is ineffective without the consent of his employing authority or former employing authority (but see paragraph (6)).
3
If the member so chooses, he is entitled to a pension payable immediately.
4
His pension must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary.
5
A member’s employing authority may determine on compassionate grounds that his retirement pension and grant should not be reduced under paragraph (4).
6
In the case of a person who is a member on 31st March 2008, and who makes an election before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.
Early payment of pension: ill-health
31
1
Subject to paragraph (2), if a member who has left a local government employment before he is entitled to the immediate payment of retirement benefits (apart from this regulation) becomes permanently incapable of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body —
a
he may request to receive payment of the retirement benefits immediately, whatever his age, and
b
paragraphs (2) and (4) of regulation 20 apply.
2
If a member does not request immediate payment under this regulation, he is entitled to receive a pension without reduction, payable from his normal retirement age.
Death grants: deferred members
32
1
If a deferred member dies, a death grant is payable.
2
The administering authority at their absolute discretion may make payments in respect of the death grant to or for the benefit of the member’s nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.
3
The death grant is his retirement pension multiplied by 5.
4
If the administering authority have not made payments under paragraph (1) equalling in aggregate the member’s death grant before the expiry of two years beginning with his death, they must pay an amount equal to the shortfall to the member’s personal representatives.
Survivor benefits: deferred members
33
1
If a deferred member dies leaving a surviving spouse, nominated cohabiting partner or civil partner, that person is entitled to a pension.
2
The pension is calculated by multiplying his total membership by his final salary and divided by 160.
3
If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
Children’s pensions: deferred members
34
1
The amount of the pension of an eligible child of a deceased deferred member is calculated as follows.
2
If a survivor benefit is payable under regulation 33 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership, calculated in accordance with regulation 29, by his final pay, and dividing by 320; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership, calculated in accordance with regulation 29 , by his final pay, and dividing by 160; and
ii
those children are jointly entitled in equal shares.
3
If no survivor benefit is payable under regulation 33 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership, calculated in accordance with regulation 29, by his final pay, and dividing by 240; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership, calculated in accordance with regulation 29, by his final pay, and dividing by 120; and
ii
those children are jointly entitled in equal shares.
Death grants: pensioner members
35
1
If a pensioner member dies before his 75th birthday, a death grant is payable.
2
The administering authority at their absolute discretion may make payments in respect of the death grant to or for the benefit of the member’s nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.
3
The death grant is his pension multiplied by 10, but the amount so calculated is reduced by the amounts of any retirement pension paid to him.
Survivor benefits: pensioners
36
1
If a pensioner member dies leaving a surviving spouse, nominated cohabiting partner or civil partner, that person is entitled to a pension.
2
The pension is calculated by multiplying his total membership by his final salary and divided by 160.
3
If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
Children’s pensions: pensioner members
37
1
The amount of the pension of an eligible child of a deceased pensioner member is calculated as follows.
2
If a survivor benefit is payable under regulation 36 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 320; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 160; and
ii
those children are jointly entitled in equal shares.
3
If no survivor benefit is payable under regulation 36 —
a
where there is only one such child, the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 240; and
b
where there is more than one such child —
i
the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 120; and
ii
those children are jointly entitled in equal shares.
Pension increases under the Pensions (Increase) Acts
38
Where a pension to which the Pensions (Increase) Act 1971 applies is payable out of an appropriate fund, any increase under that Act or the Pensions Increase Act 1974 must be paid from that fund.
Commutation: small pensions
39
A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under the Finance Act 2004.
Guidance on future costs
40
Administering and employing authorities shall have regard to guidance to be issued by the Secretary of State, before 31 st March 2009, as to the manner in which the costs of the Scheme will be met after 31 st March 2010.
Signed by authority of the Secretary of State
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd April 2007


text:
Citation and Commencement
1
This Order may be cited as the Home Information Pack (Redress Scheme) (Revocation) Order 2007 and shall come into force on 31st May 2007.
Revocation of the Home Information Pack (Redress Scheme) Order 2007
2
The Home Information Pack (Redress Scheme) Order 2007 is revoked.
Jim Fitzpatrick
Parliamentary Under Secretary of State for Employment Relations and Postal Services
Department of Trade and Industry
25th May 2007


text:
Citation
1
1
These Regulations may be cited as the Education (New Secondary School Proposals) (England) (Amendment) Regulations 2007 and come into force on 9th February 2007.
2
These Regulations apply only in relation to England.
Amendment of Education (New Secondary School Proposals) (England) Regulations 2006
2
1
The Education (New Secondary School Proposals) (England) Regulations 2006 are amended as follows.
2
At the beginning of regulation 5, for “Notices” substitute “For the purposes of section 66 (3)(d), notices”.
3
In regulation 5(h) for “schools” substitute “school”.
4
In regulation 6(1)(f) for the comma after “authority” where that word first occurs, substitute “and”.
5
In regulation 10(a), after “them”, insert “under section 66(7)(b)”.
6
In regulation 10(b) (ii) for “paragraphs (2)” substitute “paragraph”.
7
At the end of regulation 17(1)(b) insert the word “or”.
8
After regulation 17(1)(b) insert —
c
where the proposals published under section 66 in response to a notice under that section, consist of or include any proposals which are made by the local education authority for the area in which the school organisation committee has been established; or
d
where the proposals published under section 66 in response to a notice under that section consist of or include any proposals for the establishment of a foundation or voluntary school which is proposed to be designated under section 69(4) of the1998 Act as:
i
a Church of England school, or
ii
a Roman Catholic school, or
iii
both a Church of England and a Roman Catholic school.
9
After regulation 17(3) insert the following —
4
The school organisation committee, in cases where sub-paragraphs (1)(c) and 1(d) apply, must make any referral within four weeks of the end of the period prescribed by regulation 12 or paragraph 3(1) of Schedule 10 (as substituted by regulation 22(3)) as the case may be.
10
In regulation 22 (1)(a) omit “(2)”.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
16th January 2007


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 2007 and shall come into force on 18th August 2007.
2
1
The Schedule to the National Police Records (Recordable Offences) Regulations 2000 is amended as follows.
2
Following paragraph 45 insert —
46
section 166(1) of the Criminal Justice and Public Order Act 1994 (offence of unauthorised sale or disposal of tickets for a designated football match);
47
section 19(6) of the Football Spectators Act 1989 (offence of an individual subject to a banning order failing to comply with the requirements determined by the enforcing authority and made of him by a police officer on the individual’s initial reporting at the police station);
48
section 20(10) of the Football Spectators Act 1989 (offence of a person subject to a banning order knowingly or recklessly providing false or misleading information in support of his application for an exemption from a reporting requirement of his banning order);
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
23rd July 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No.3) Regulations 2007 and shall come into force on 30th June 2007.
2
These Regulations extend to England and Wales .
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 are amended in accordance with the following regulations.
Governance compliance statement
3
For regulation 73A (governance policy statement) substitute —
Governance compliance statement
73A
1
An administering authority must prepare a written statement setting out —
a
whether they delegate their function, or part of their function, in relation to maintaining a pension fund to a committee, a sub-committee or an officer of the authority;
b
if they do so —
i
the terms, structure and operational procedures of the delegation;
ii
the frequency of any committee or sub-committee meetings;
iii
whether such a committee or sub-committee includes representatives of employing authorities (including authorities which are not Scheme employers) or members, and, if so, whether those representatives have voting rights;
c
the extent to which a delegation, or the absence of a delegation, complies with guidance given by the Secretary of State and, to the extent that it does not so comply, the reasons for not complying.
2
An administering authority must publish the first such statement on or before 1st March 2008.
3
An administering authority must —
a
revise their statement following a material change in respect of any of the matters mentioned in paragraph (1); and
b
publish the statement as revised.
4
In preparing or revising their statement an administering authority must consult such persons as they consider appropriate.
5
When they publish their statement, or the statement as revised, an administering authority must send a copy of it to the Secretary of State.
.
Reports and strategies
4
After regulation 76A (funding strategy statement) insert —
Pension fund annual report
76B
1
An administering authority must, in relation to each year beginning on 1st April 2007 and each subsequent year, prepare a document (“the pension fund annual report”) which contains —
a
a report about the management and financial performance during the year of each of the pension funds maintained by the authority;
b
a report explaining the authority’s investment policy for each of those funds and reviewing the performance during the year of the investments of each fund;
c
a report of the arrangements made during the year for the administration of each of those funds;
d
for each of those funds, a statement, by the actuary who carried out the most recent valuation of the assets and liabilities of the fund in accordance with regulation 77 (actuarial valuations and certificates), of the level of funding disclosed by that valuation;
e
the current version of the statement under regulation 73A (governance compliance statement);
f
for each of those funds, the fund account and net asset statement with supporting notes and disclosures prepared in accordance with proper practices ;
g
an annual report dealing with —
i
the extent to which the authority and the employing authorities in relation to which they are the administering authority (“relevant employing authorities”) have achieved any levels of performance set out in the pension administration strategy in accordance with regulation 76C(2)(b); and
ii
such other matters arising from their pension administration strategy as they consider appropriate;
h
the current version of the statement under regulation 76A (funding strategy statement);
i
the current version of the statement under regulation 9A of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 (statement of investment principles) ;
j
the current version of the statement under regulation 106B (statements of policy concerning communications with members and employing authorities (including non-Scheme employers)) ; and
k
any other material which the authority considers appropriate.
2
The authority must publish the pension fund annual report on or before the 1st December following the year end.
3
In preparing and publishing the pension fund annual report the authority must have regard to guidance given by the Secretary of State.
Pension administration strategy
76C
1
An administering authority may prepare a document (“the pension administration strategy”) which contains such of the matters mentioned in paragraph (2) as they consider appropriate ; and, where they do so, paragraphs (3) to (8) apply.
2
The matters are —
a
procedures for liaison and communication with their relevant employing authorities;
b
the establishment of levels of performance which the administering authority and the relevant employing authorities are expected to achieve in carrying out their functions under these Regulations by —
i
the setting of performance targets;
ii
the making of agreements about levels of performance and associated matters; or
iii
such other means as the administering authority consider appropriate;
c
procedures which aim to secure that the administering authority and the relevant employing authorities comply with statutory requirements in respect of those functions and with any agreement about levels of performance;
d
procedures for improving the communication by the administering authority and the relevant employing authorities to each other of information relating to those functions;
e
the circumstances in which the administering authority may consider giving written notice to a relevant employing authority under regulation 81A(2) on account of that employer’s unsatisfactory performance in carrying out its functions under these Regulations when measured against levels of performance established under sub-paragraph (b);
f
such other matters as appear to the administering authority to be suitable for inclusion in that strategy.
3
When an administering authority first publish a pension administration strategy they must send a copy of it to each of their relevant employing authorities and to the Secretary of State.
4
An administering authority must revise their pension administration strategy following a material change in their policies in relation to any of the matters contained in the strategy.
5
In preparing or revising their pension administration strategy an administering authority must consult the relevant employing authorities and such other persons as they consider appropriate.
6
Where an administering authority revise their pension administration strategy they must notify in writing to the relevant employing authorities and the Secretary of State —
a
the changes, and
b
where a copy of the revised strategy may be obtained.
7
An administering authority and the relevant employing authorities must have regard to the current version of any pension administration strategy when carrying out their functions under these Regulations.
8
In this regulation a reference to the functions of an administering authority includes, where applicable, their functions as an employing authority.
.
Payments by employing authorities to appropriate administering authorities
5
In regulation 81 —
a
in paragraph (1)(d), at the end add “, which shall include any amount specified in a notice given in accordance with regulation 81A(2)”;
b
in paragraph (2), for “regulation L4(3) of the 1995 Regulations” substitute “regulation 5(6) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998”; and
c
after paragraph (3) insert —
3A
If the disagreement is about an amount specified in a notice given in accordance with regulation 81A(2), the Secretary of State shall have regard to —
a
the provisions of the pension administration strategy prepared by the appropriate administering authority that are relevant to the case; and
b
the extent to which the appropriate administering authority and the employing authority have complied with those provisions in carrying out their functions under these Regulations.
.
Additional costs
6
After regulation 81 (payments by employing authorities to appropriate administering authorities) insert —
Additional costs incurred by employing authority’s level of performance
81A
1
This regulation applies where, in the opinion of the appropriate administering authority, they have incurred additional costs which should be recovered from an employing authority because of that employing authority’s level of performance in carrying out its functions under these Regulations.
2
The administering authority may give written notice to the employing authority stating —
a
the administering authority’s reasons for forming the opinion mentioned in paragraph (1);
b
the authority’s opinion that the employing authority’s contribution under regulation 81(1)(d) should include an amount specified in the notice in respect of the additional costs attributable to that authority’s level of performance;
c
the basis on which the specified amount is calculated; and
d
where the administering authority have prepared a pension administration strategy, the provisions of the strategy which are relevant to the decision to give the notice and to the matters in sub-paragraph (a), (b) or (c).
Payments by administering authorities
81B
1
An administering authority must pay to the fund of which they are the administering authority their fair share of any contribution towards the cost of the administration of the fund in circumstances where they have required a contribution towards such cost from employing authorities as referred to in regulation 81(1)(d).
2
An administering authority must also pay any additional costs due to the fund which are incurred because of their level of performance in carrying out their functions under these Regulations.
.
Interest
7
In regulation 82 —
a
after paragraph (1) insert —
1A
An administering authority must pay interest on any amount due to be paid by them as an employing authority payment of which is overdue by more than one month.
.
b
in paragraph (2) for “paragraph (1)” substitute “paragraphs (1) or (1A)”.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
30th May 2007


text:
Title and commencement
1
These Regulations may be cited as the Transmissible Spongiform Encephalopathies (No. 2) (Amendment) Regulations 2007 and come into force on 14 th July 2007.
Amendment of the Transmissible Spongiform (Encephalopathies) (No. 2) Regulations 2006
2
1
The Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006 are amended in accordance with paragraph (2).
2
For Schedule 6 (specified risk material, mechanically recovered meat and slaughtering techniques) there is substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
11th July 2007


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Plant Health (Plant Passport Fees) (England) Regulations 2007 and come into force on 6th April 2007.
2
These Regulations extend to England and Wales but apply only in relation to England.
Interpretation
2
In these Regulations —
“the 2004 Order ” means the Plant Health ( Phytophthora ramorum ) (England) Order 2004 ;
“the 2005 Order ” means the Plant Health (England) Order 2005 ;
“authority” means an authority to issue plant passports conferred under article 8 of the 2004 Order or, as the case may be, under article 29 of the 2005 Order; and
“plant passport” has the meaning given by —
article 2 of the 2004 Order in respect of an authority under that Order; or
article 2(1) of the 2005 Order in respect of an authority under that Order.
Fee for inspections for plant passporting purposes
3
1
The fee specified in paragraph (2) shall be paid to the Secretary of State in respect of any inspection (including a check of business records) carried out in connection with —
a
an application for an authority; or
b
ensuring compliance with any requirements imposed on the holder of an authority by virtue of article 8 of the 2004 Order or article 29 of the 2005 Order.
2
The fee is £20.25 for each quarter of an hour or part thereof spent on site by an inspector with a minimum of £40.50 in respect of any visit.
Revocations
4
The following Regulations are revoked insofar as they apply to England —
a
the Plant Passport (Plant Health Fees) (England and Wales) Regulations 1993 ; and
b
the Plant Passport (Plant Health Fees) (England and Wales) (Amendment) Regulations 1997 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2007
We consent
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2007


text:
Citation and Commencement
1
These Regulations may be cited as the M25 (Junction 14, Terminal 5 Spur Roads) (Speed Limit) Regulations 2007 and shall come into force on 18th December 2007.
Interpretation
2
In these Regulations —
“the motorway” means the M25 Motorway in the London Borough of Hillingdon and the Borough of Slough;
“Terminal 5” means Terminal 5 at Heathrow Airport;
“the eastbound carriageway” means the eastbound carriageway of the motorway spur to Terminal 5 from the northbound carriageway of the motorway at Junction 14 from a point 30 metres north of marker post 91/6 (180 metres south of the Junction 14 South Bridge) to the Terminal 5 roundabout;
“the westbound carriageway” means the westbound carriageway of the motorway spur from Terminal 5 to the northbound carriageway of the motorway at Junction 14 from the Terminal 5 roundabout to a point 10 metres north of marker post 11/1(A) (200 metres south of the M25/T5 Spur Viaduct); and
“a slip road” means —
the road leading from the southbound carriageway at Junction 14 to the eastbound carriageway from a point 10 metres north of marker post 92/8 (140 metres north of the M25/T5 Spur Viaduct), to a point at marker post 10/0 (B) (at the junction with the Terminal 5 roundabout); or
the road leading from the westbound carriageway from a point 20 metres west of marker post 10/0(A) (30 metres west of the junction with Terminal 5 roundabout) to a point 90 metres south of marker post 10/7(J) (100 metres south of the M25/T5 Spur Slip Road South Bridge); or
the slip road leading to the northbound carriageway of the motorway from the A3113 at Junction 14 between points 20 metres north of marker post 92/0 (25 metres north of the roundabout at Junction 14) and 50 metres north of marker post 92/4 (220 metres south of the M25/ T5 Spur Viaduct).
Imposition of Speed Limit
3
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on the eastbound carriageway, the westbound carriageway or a slip road.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
12th November 2007


text:
Title, extent and commencement
1
1
This Order —
a
may be cited as the Undersized Bass Order 2007;
b
subject to paragraph (2), does not form part of the law of Scotland or Northern Ireland; and
c
comes into force on 6th April 2007.
2
Nothing in paragraph (1)(b) prejudices the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision that creates an offence.
Interpretation
2
1
In this Order —
“the Act” means the Sea Fish (Conservation) Act 1967;
“bass” means fish of the species Dicentrarchus labrax ;
“Isle of Man, Jersey or Guernsey fishing boat” means any fishing boat registered in the Isle of Man, Jersey or Guernsey respectively;
“Northern Ireland fishing boat” means any fishing boat registered under the Merchant Shipping Act 1995 as belonging to a port in Northern Ireland;
“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland.
2
Any reference, other than a reference in article 9, to “British fishery limits” excludes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
Prohibition on landing and sale etc. of undersized bass
3
For the purposes of section 1(1) and (2) of the Act, in its application in England, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Exemption from prohibition on landing
4
The prohibition in section 1(1) of the Act, as read with this Order, does not apply to bass that is —
a
landed by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or
b
farmed commercially.
Exemptions from prohibition on sale etc. of undersized bass
5
The prohibition in section 1(2) of the Act, as read with this Order, does not apply to bass that is —
a
landed or caught by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or
b
farmed commercially.
Prohibition on carrying undersized bass
6
For the purposes of section 1(3) of the Act in its application to any —
a
relevant British fishing boat;
b
Scottish fishing boat; or
c
Isle of Man, Jersey or Guernsey fishing boat,
in British fishery limits, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Mesh sizes
7
1
For the purposes of section 3(1) of the Act in its application to any —
a
relevant British fishing boat registered in the United Kingdom; or
b
Isle of Man, Jersey or Guernsey fishing boat,
that is fishing for bass in British fishery limits, the mesh size of any enmeshing gear, including any gill, tangle, drift or trammel net, carried in that boat must be not less than 100 millimetres.
2
Any boat that has a by-catch of bass of more than 10% of the total catch by weight is to be treated as fishing for bass within the meaning of this article.
Exemptions from prohibition on carrying undersized bass etc.
8
Articles 6 and 7 do not apply to any Scottish fishing boat, Northern Ireland fishing boat or Isle of Man, Jersey or Guernsey fishing boat in —
a
the Northern Ireland zone;
b
the Scottish zone; or
c
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.
Powers of British sea-fishery officers
9
1
For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article —
a
in relation to any fishing boat subject to the provisions of this Order in any waters adjacent to the United Kingdom and within relevant British fishery limits; and
b
in relation to any relevant British fishing boat anywhere outside those limits.
2
Paragraph (1) does not apply to a Northern Ireland fishing boat in the Northern Ireland zone or anywhere outside British fishery limits.
3
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
4
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board, which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1(1), (2) or (3) or section 3(1) of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
5
Where it appears to a British sea-fishery officer that a contravention of any provisions of this Order has at any time taken place, he may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port,
and where such an officer detains or requires the detention of a boat he must serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
10
The Undersized Bass Order 1989 is revoked in relation to England.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
8th March 2007
David Cairns
Parliamentary Under Secretary of State Northern Ireland Office
10th March 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Electoral Administration Act 2006 (Commencement No. 5) Order 2007.
2
In this Order “ the Act ” means the Electoral Administration Act 2006.
Record of electoral registration arrangements of service personnel
2
The day appointed for the coming into force of section 13(2) and (3) of the Act is 30th November 2007.
Access to election documents after Greater London Authority elections
3
The day appointed for the coming into force in England and Wales of sections 42 to 44 of the Act for the purposes of Authority elections (as defined by section 203(1) of the Representation of the People Act 1983 ), is 1st January 2008.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
28th November 2007


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Albania) Order 2007.
2
It shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaty specified in the Schedule is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council