text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations apply in relation to —
a
applications and appeals made on or after 1st October 2008; and
b
England only.
Amendment of the Town and Country Planning (Trees) Regulations 1999
2
The Town and Country Planning (Trees) Regulations 1999 are amended in accordance with the following provisions of these Regulations.
3
After regulation 9 insert —
PART 2A APPLICATIONS FOR CONSENT UNDER TREE PRESERVATION ORDERS
Applications for consent under tree preservation order
9A
1
Subject to the following provisions of this regulation, an application for consent to the cutting down, topping, lopping or uprooting of any tree in respect of which an order is for the time being in force shall —
a
be made in writing to the authority —
i
on a form published by the Secretary of State for the purpose of proceedings under these Regulations; or
ii
where the authority has consented to applications being made electronically, on a form published electronically by the Secretary of State and provided to the applicant using electronic communication for that purpose;
b
include the particulars specified in the form;
c
be accompanied, whether electronically or otherwise, by —
i
a plan which identifies the tree or trees to which the application relates;
ii
such information as is necessary to specify the work for which consent is sought;
iii
a statement of the applicant’s reasons for making the application; and
iv
appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable.
2
Where an application is made using electronic communication, the applicant shall be taken to have agreed —
a
to the use of such communication by the authority for the purposes of his application;
b
that his address for those purposes is the address incorporated into, or otherwise logically associated with, his application; and
c
that his deemed agreement under this paragraph shall subsist until he gives notice in writing —
i
withdrawing any address notified to the authority for that purpose; or
ii
revoking that deemed agreement,
and such withdrawal or revocation shall be final and shall take effect on the date specified by the person in the notice being not less than seven days after the date on which the notice is given.
.
4
In the Schedule (form of tree preservation order) —
a
omit article 6 (applications for consent under the order); and
b
in article 9(4)(b) for the words “statement of reasons” to “such statement” substitute “application and the documents and particulars accompanying it”.
5
For Part 4 of the Regulations (appeals to be disposed of on the basis of written representations and other documents) substitute —
PART 4 APPEALS
Application of Part 4 and interpretation
11
1
This Part applies in relation to every appeal —
a
under section 78 as applied to applications under orders (“a tree preservation order appeal”); or
b
against a notice served under section 207(1) (“a tree replacement notice appeal”),
which is to be disposed of without a hearing or inquiry to which rules under section 9 (procedure in connection with statutory inquiries) of the Tribunals and Inquiries Act 1992 apply, where that appeal is made on or after the date on which these Regulations come into force.
2
In this Part —
“appointed person” means a person appointed by the Secretary of State under Schedule 6 to the Town and Country Planning Act 1990 to determine an appeal;
“parties” in relation to an appeal, means the appellant and the relevant authority;
“preliminary information” means the documents supplied by the relevant authority in accordance with regulation 13;
“questionnaire” means a document in the form supplied by the Secretary of State for the purposes of this Part;
“relevant authority” in relation to an appeal, means the local planning authority that made the decision (including any failure to determine the application) or served the notice which is the subject of the appeal.
Notice of appeal
12
The appellant shall, at the same time as he gives written notice to the Secretary of State of a tree preservation order appeal or a tree replacement notice appeal, send to the relevant authority a copy of the notice of appeal.
Preliminary information
13
The relevant authority shall, as soon as practicable after receiving notification of an appeal, send copies of the following to the Secretary of State —
a
in the case of a tree preservation order appeal —
i
the application for consent, where relevant;
ii
the decision of the relevant authority, if any, including any condition, certificate or direction made by the authority in relation to the decision.
b
in the case of a tree replacement notice appeal —
i
the notice issued under section 207(1);
ii
where the notice has been issued following a failure to plant replacement trees under a condition of consent, the original application and consent;
iii
where the notice has been issued as a result of the breach of an order under section 206(1)(a) (removal, uprooting or destruction of tree in contravention of tree preservation order), the date of that breach, if not included in the notice;
iv
where the notice has been issued as a result of a failure to replace a protected tree removed under the exemption in section 206(1)(b) (dying, dead or dangerous trees), the date of the alleged failure, if not included in the notice.
Questionnaire
14
1
The Secretary of State shall, as soon as practicable after receipt of the preliminary information, supply a questionnaire to the relevant authority.
2
The relevant authority shall, within such period as the Secretary of State may specify in writing, being not less than 21 days from the date on which the questionnaire was supplied, submit to her and copy to the appellant a completed questionnaire.
3
The questionnaire shall state the date on which it is submitted to the Secretary of State.
Further information
15
1
The Secretary of State or the appointed person (as the case may be) may in writing require the parties to provide such further information, including any representations, relevant to the appeal as she may specify.
2
Such information must be provided in writing within such period as the Secretary of State or the appointed person may specify.
Decision
16
Where under regulation 15 information is required to be provided within a specified period, the Secretary of State or the appointed person (as the case may be) may proceed to a decision on an appeal taking into account only such information as has been submitted within the specified period.
Electronic communications
17
Where an appeal is made using electronic communications, the appellant shall be taken to have agreed —
a
to the use of such communications by the Secretary of State for the purposes of his appeal;
b
that his address for that purpose is the address incorporated into, or otherwise logically associated with, his appeal; and
c
that his deemed agreement under this paragraph shall subsist until he gives notice in writing —
i
withdrawing any address notified to the Secretary of State for that purpose; or
ii
revoking that deemed agreement,
and such withdrawal or revocation shall be final and shall take effect on the date specified by the person in the notice being not less than seven days after the date on which the notice is given.
.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
21st August 2008


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (Amendment) ( No. 2) Regulations 2008 and come into force on 1st December 2008.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In regulation 15 (change of rate, credit notes) —
a
for “14 days” substitute “45 days”;
b
after “any such change,” insert “or within such longer period as the Commissioners may allow in general or special directions,”.
4
For the Table in regulation 55K (flat rate scheme for small businesses, category of business), substitute —
Category of business Appropriate percentage
(1)
“Labour-only building or construction services” means building or construction services where the value of materials supplied is less than 10 per cent of relevant turnover from such services; any other building or construction services are “general building or construction services”.
Accountancy or book-keeping 11.5 Advertising 8.5 Agricultural services 7 Any other activity not listed elsewhere 9 Architect, civil and structural engineer or surveyor 11 Boarding or care of animals 9.5 Business services that are not listed elsewhere 9.5 Catering services including restaurants and takeaways 10.5 Computer and IT consultancy or data processing 11.5 Computer repair services 10 Dealing in waste or scrap 8.5 Entertainment or journalism 9.5 Estate agency or property management services 9.5 Farming or agriculture that is not listed elsewhere 5.5 Film, radio, television or video production 9.5 Financial services 10.5 Forestry or fishing 8 General building or construction services 7.5 Hairdressing or other beauty treatment services 10.5 Hiring or renting goods 7.5 Hotel or accommodation 8.5 Investigation or security 9 Labour-only building or construction services 11.5 Laundry or dry-cleaning services 9.5 Lawyer or legal services 12 Library, archive, museum or other cultural activity 7.5 Management consultancy 11 Manufacturing that is not listed elsewhere 7.5 Manufacturing fabricated metal products 8.5 Manufacturing food 7 Manufacturing yarn, textiles or clothing 7.5 Membership organisation 5.5 Mining or quarrying 8 Packaging 7.5 Photography 8.5 Post offices 2 Printing 6.5 Publishing 8.5 Pubs 5.5 Real estate activity not listed elsewhere 11 Repairing personal or household goods 7.5 Repairing vehicles 6.5 Retailing food, confectionary, tobacco, newspapers or children’s clothing 2 Retailing pharmaceuticals, medical goods, cosmetics or toiletries 6 Retailing that is not listed elsewhere 5.5 Retailing vehicles or fuel 5.5 Secretarial services 9.5 Social work 8 Sport or recreation 6 Transport or storage, including couriers, freight, removals and taxis 8 Travel agency 8 Veterinary medicine 8 Wholesaling agricultural products 5.5 Wholesaling food 5 Wholesaling that is not listed elsewhere 6
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
24th November 2008


text:
Citation and extent
1
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 5) Order 2008.
2
In this Order —
“the first appointed day” means 5 January 2009;
“the second appointed day” means 31 March 2009; and
“the third appointed day” means 1 April 2009.
Commencement of sections 3, 11, 12, and part of section 59
2
The following provisions of the Road Safety Act 2006 shall come into force on the first appointed day —
a
section 3;
b
section 11, and accordingly Schedule 4;
c
section 12; and
d
section 59 in so far as it relates to paragraph 1 of Schedule 7, and accordingly paragraph 1 of Schedule 7.
Commencement of sections 4 – 7 and a further part of section 59
3
The following provisions of the Road Safety Act 2006 shall come into force on the second appointed day —
a
section 4;
b
section 5, and accordingly Schedule 1;
c
sections 6 and 7; and
d
section 59, insofar as it relates to paragraph 2 of Schedule 7, and accordingly paragraph 2 of Schedule 7.
Commencement of sections 8 and 9
4
The following provisions of the Road Safety Act 2006 shall come into force on the third appointed day —
a
section 8;
b
section 9, and accordingly Schedule 2; and
c
section 59, insofar as it relates to paragraph 3 of Schedule 7, and accordingly paragraph 3 of Schedule 7.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
8th December 2008


text:
Citation and commencement
1
This Order may be cited as the Economic Regulation of Airports (Designation) Order (Amendment) Order 2008 and comes into force on 1st April 2009.
Amendment of the Economic Regulation of Airports (Designation) Order 1986
2
The Economic Regulation of Airports (Designation) Order 1986 is amended as follows.
3
In article 2 omit “Manchester International Airport”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
10th October 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Private and Voluntary Health Care (England) Amendment Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations apply in relation to England.
3
In these Regulations, “the 2001 Regulations ” means the Private and Voluntary Health Care (England) Regulations 2001 .
Amendment of regulation 2 of the 2001 Regulations
2
In regulation 2 of the 2001 Regulations (interpretation), in paragraph (1), after the definition of “health care professional” insert —
“insurance provider” means —
a person regulated by the Financial Services Authority who sells insurance, or underwrites the risk of such insurance, or
the agent of such a person;
“local anaesthesia” means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block;
.
Amendment of regulation 3 of the 2001 Regulations
3
In regulation 3 of the 2001 Regulations (prescribed techniques or technology and exceptions to the definition of independent hospital) —
a
in paragraph (1) —
i
at the end of sub-paragraph (d) insert “and”,
ii
for sub-paragraph (e), substitute —
e
hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) through a mask to a patient who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the supervision or direction of a medical practitioner, except where the primary use of that chamber is —
i
pursuant to regulation 6(3)(b) of the Diving at Work Regulations 1997 or regulation 8 or 12 of the Work in Compressed Air Regulations 1996 ; or
ii
otherwise for the treatment of workers in connection with the work which they perform.
, and
iii
omit sub-paragraph (f),
b
at the end of paragraph (2) insert —
d
in vitro fertilisation techniques, being treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990 .
;
c
in paragraph (3) —
i
at the end of sub-paragraph (g), omit “and”,
ii
for sub-paragraph (h) substitute —
h
a surgery or consulting room (which is not part of a hospital) in which a medical practitioner provides medical services only under arrangements made on behalf of the patients by —
i
their employer,
ii
a government department or any executive agency of a government department,
iii
a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983 , or
iv
an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity;
, and
iii
after sub-paragraph (h) insert —
i
an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because it provides —
i
nail surgery,
ii
nail bed procedures, or
iii
curettage, cautery or the cryocautery of warts, verrucae or other skin lesions,
on any area of the foot and uses local anaesthesia during that procedure; and
j
an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because a medical practitioner provides curettage, cautery or the cryocautery of warts, verrucae or other skin lesions and uses local anaesthesia during that procedure.
;
d
omit paragraph (4); and
e
at the end, insert―
5
Subsection (7) of section 2 of the Act shall be modified by inserting the words “intravenously administered” before “sedation” in paragraph (a).
.
Amendment of regulation 4 of the 2001 Regulations
4
In regulation 4 of the 2001 Regulations (meaning of independent clinic) —
a
in paragraph (1), for sub-paragraph (b) substitute —
b
unless paragraph (1A) applies, a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the NHS Act provides medical services of any kind (including psychiatric treatment).
; and
b
after paragraph (1), insert —
1A
Paragraph (1)(b) does not apply if the medical services are provided only under arrangements made on behalf of the patients by —
a
their employer;
b
a government department or any executive agency of a government department;
c
a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983; or
d
an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity.
.
Amendment of regulation 5 of the 2001 Regulations
5
For regulation 5 of the 2001 Regulations (exception of undertaking from the definition of independent medical agency), substitute —
5
For the purposes of the Act, any undertaking which consists of the provision of medical services by a medical practitioner only under arrangements made on behalf of the patients by —
a
their employer;
b
a government department or any executive agency of a government department;
c
a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983; or
d
an insurance company with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity,
is to be excepted from being an independent medical agency.
.
Amendment of regulation 26 of the 2001 Regulations
6
In regulation 26 of the 2001 Regulations (visits by registered provider), in paragraph (3), for the words “at least once every six months” substitute “from time to time”.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
3rd September 2008


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment ( No. 2) Order 2008 and shall come into force 1st April 2008.
2
In this Order, “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
This Order extends to England and Wales.
Amendment of the 1998 Order
2
Schedule 4A to the 1998 Order (Rent rebate limitation deductions (Housing Revenue Account dwellings)) is amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th March 2008
We consent
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2008


text:
By virtue of section 34(1) of that Act, such Rules shall not come into force until approved by Order of the Privy Council.
Their Lordships, having taken these Rules into consideration, are pleased to and do approve them.
This Order may be cited as the General Optical Council (Committee Constitution) (Amendment) Rules Order of Council 2008 and shall come into force on 5th January 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Cheshire) (Borough of Macclesfield) Designation Order 2008 and shall come into force on 14th May 2008.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule to this Order as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
15th April 2008


text:
Citation and Commencement
1
These Regulations may be cited as the European Single Currency (Taxes) (Amendment) Regulations 2008 and come into force on 28th October 2008.
Amendment of the European Single Currency (Taxes) Regulations 1998
2
In regulation 6(1)(b) of the European Single Currency (Taxes) Regulations 1998 substitute “under the I minus E basis” for “otherwise than under Case I of Schedule D”.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th October 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No.5 and Transitional Provisions) Order 2008.
2
In this Order —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 2007 Act ” means the Mental Health Act 2007.
Commencement of provision
2
Section 44 (places of safety) of the 2007 Act shall come into force on 30th April 2008.
Transitional Provisions
3
Notwithstanding the commencement of section 44 of the 2007 Act and pending the commencement of sections 18 (insofar as not already in force) and 21 of, and Schedule 2 to, the 2007 Act —
a
section 135(3A) of the 1983 Act, as inserted by subsection (2) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”;
b
section 136(3) of the 1983 Act, as inserted by subsection (3) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
19th March 2008


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008 and shall come into force on 19th June 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 1999 Act ” means the Greater London Authority Act 1999 ;
“ the Agency ” means the London Development Agency established by section 1 of the 1998 Act ;
“ 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;
“the GLA ” means the Greater London Authority established by section 1 of the 1999 Act;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operating Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means —
in relation to the GLA, the functions entrusted to the GLA by virtue of its designation as an intermediate body by regulation 3(1);
in relation to the Agency, the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3(3);
“London region” means the region named “London” in Schedule 1 to the 1998 Act;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“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 London 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 16th May 2008 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 London”, 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 bodies for London
3
1
The GLA 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 GLA by virtue of its designation as an intermediate body are the functions specified in section 3A of the Schedule of Functions.
3
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 (4) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
4
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3B of the Schedule of Functions.
5
The functions entrusted to the GLA by virtue of its designation as an intermediate body shall be exercisable only by the Mayor of London acting on behalf of the GLA.
6
The Mayor of London may authorise any intermediate body functions of the GLA to be exercisable on behalf of the GLA by —
a
the Deputy Mayor; or
b
any member of staff of the GLA.
7
An authorisation under paragraph (6) may be varied or revoked at any time by the Mayor.
8
Any authorisation under paragraph (6), and any variation or revocation of such an authorisation, must be in writing.
9
In this regulation, “Deputy Mayor” means the person appointed by the Mayor of London as Deputy Mayor of London under section 49(3) of the 1999 Act (the Deputy Mayor of London).
General duties of intermediate body
4
The GLA and the Agency shall each carry out its 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 GLA
5
1
The Managing Authority may give the GLA guidance or directions in relation to the exercise of the intermediate body functions of the GLA.
2
Directions given under this regulation may —
a
restrict the exercise of any intermediate body functions, or
b
require the GLA to exercise its intermediate body functions in any manner specified in the directions.
3
Directions under this regulation may be of a general or particular nature.
4
The GLA shall be under a duty to comply with any direction given under this regulation.
5
In exercising its intermediate body functions, the GLA shall have regard to any guidance given under this regulation.
6
The Managing Authority may vary or revoke any guidance or direction given under this regulation.
7
The powers in paragraphs (1) and (6) shall be exercisable only after consultation with the GLA and the Agency.
8
Guidance and directions under this regulation and any variation or revocation of guidance or a direction under this regulation shall be in writing.
9
The Managing Authority shall give to the Agency a copy of any guidance or direction given to the GLA under this regulation.
10
The Managing Authority shall arrange for any guidance given under this regulation to be published in such manner as she considers appropriate.
Power to guide and direct the Agency
6
1
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of its intermediate body functions as if —
a
the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority; and
b
subsection (1A) were omitted.
2
The Managing Authority shall give to the GLA a copy of any guidance or directions given to the Agency under this regulation.
Application of provisions of the 1999 Act
7
1
The GLA shall exercise the power conferred by section 30(1) of the 1999 Act (the general power of the Authority) compatibly with the exercise of its intermediate body functions.
2
Sections 38 (delegation) and 39 (exercise of functions by joint committees) of the 1999 Act shall not apply in relation to the exercise by the GLA of its intermediate body functions.
Global grant bodies
8
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 GLA and 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
9
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
10
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
The Accounts and Audit Regulations 2003 apply to the Agency as if —
a
a reference (however expressed) to money received by a relevant body includes a reference to the amount of any payment to the Agency of the Fund contribution; and
b
a reference (however expressed) to money expended by a relevant body includes a reference to the expenditure by the Agency of the Fund contribution.
5
In making the calculations required by section 85 of the 1999 Act (calculation of component and consolidated budget requirements) for a financial year, the Authority shall in the case of the Agency calculate the aggregates required by virtue of subsections (4) and (5) of that section in accordance with paragraph (6).
6
For the purpose of estimating any amount referred to in those subsections, the Authority shall not take account of the estimated amount of any payment to the Agency of the Fund contribution or the estimated amount of any expenditure by the Agency of that contribution.
7
Section 5 of the 1998 Act (powers of a regional development agency) shall apply in relation to the exercise of the intermediate body functions of the Agency as if —
a
the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted; and
b
subsection (4) were omitted.
8
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
22nd May 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Student Support)(Amendment) (No. 2) Regulations 2008.
2
Paragraph (1) and this paragraph, regulation 2 and Schedule 1 (except paragraphs 5, 6, 7 and 8) come into force on the 22nd day after these Regulations are laid before Parliament.
3
The provisions of these Regulations other than those referred to in paragraphs (2) and (4) come into force on 1st September 2008.
4
Paragraphs 5, 6, 7 and 8 of Schedule 1 and paragraphs 7, 8, 13 and 14 of Schedule 2 come into force on 27th October 2008.
5
These Regulations apply in relation to England .
6
In these Regulations, “the 2008 Regulations ” means the Education (Student Support) Regulation 2008 and “the 2008 (No.2) Regulations ” means the Education (Student Support) (No.2) Regulations 2008 .
Amendment of the 2008 Regulations
2
The 2008 Regulations are amended in accordance with Schedule 1.
Amendment of the 2008 (No.2) Regulations
3
The 2008 (No.2) Regulations are amended in accordance with Schedule 2.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
31st July 2008


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 2008 and shall come into force on 1st April 2008.
2
These Regulations apply in relation to England.
3
In these Regulations “the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendment to the Optical Regulations
2
Regulation 19 of the Optical Regulations (redemption value of voucher for replacement or repair) is amended as follows —
a
in paragraph (1)(b), for “£50.50” substitute “£51.90”; and
b
in paragraph (3), for “£13.00” substitute “£13.40”.
Amendments to the Schedules to the Optical Regulations
3
1
Schedules 1 to 3 of the Optical Regulations are amended in accordance with the following provisions of this regulation.
2
In Schedule 1 (voucher letter codes and face values-supply and replacement) —
a
omit paragraph 10 (including columns (2) and (3) of that paragraph); and
b
in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below:
(1)
Old amount
(2)
New amount
£34.60 £35.50 £52.60 £54.00 £76.90 £79.00 £173.70 £178.40 £59.80 £61.40 £76.00 £78.10 £98.50 £101.20 £190.90 £196.10 £177.90 £182.70.
3
In Schedule 2 (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£11.30” substitute “£11.60”;
b
in paragraph (1)(1)(b), for “£13.50” substitute “£13.90”;
c
in paragraph 1(1)(c), for “£3.80” substitute “£3.90”;
d
in paragraph 1(1)(d), for “£4.30” substitute “£4.40”;
e
in paragraph 1(1)(e), for “£57.00”, “£50.50” and “£27.30” substitute “£58.50”, “£51.90” and “£28.00” respectively;
f
in paragraph 1(1)(g), for “£57.00” substitute “£58.50”;
g
in paragraph 2(a), for “£13.00” substitute “£13.40”; and
h
in paragraph 2(b), for “£33.00” substitute “£33.90”.
4
For Schedule 3 (voucher values-repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Transitional Provision
4
The amounts substituted by regulations 2 and 3 shall apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2008.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
27th February 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Consistent Financial Reporting (England) (Amendment) Regulations 2008 and come into force on 11th February 2008.
2
These Regulations apply only in relation to England.
Amendments to the Consistent Financial Reporting (England) Regulations 2003
2
1
The Schedule to the Consistent Financial Reporting (England) Regulations 2003 is amended as follows.
2
Before “B01 (Committed Revenue Balances)”, insert —
Opening Balances
OB01 (Opening Pupil Focused Revenue Balance) OB02 (Opening Community Focused Revenue Balance) OB03 (Opening Capital Balance)
Closing Balances
.
Jim Knight
Minister of State
Department for Children, Schools and Families
10th January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Primary Care Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1 st April 2008.
2
In this Order —
“the old Trust” means the Dorset Primary Care Trust;
“the new Trust” means the Dorset Healthcare NHS Foundation Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 31 st January 2008 and on behalf of the new Trust on 30 th January 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of Health,
Department of Health
19th February 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2008 and shall come into force on 1st August 2008.
2
These Regulations apply in relation to England.
3
In these Regulations “the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendment of regulation 1 of the Optical Regulations
2
1
Regulation 1 (citation, commencement and interpretation) of the Optical Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In the definition of “responsible authority”, in paragraph (2), for paragraph (b) substitute —
b
in relation to a voucher issued pursuant to regulation 9 or completed pursuant to regulation 16, otherwise than by an NHS Trust or NHS foundation trust, the Primary Care Trust for the area in which —
i
the supply, replacement or repair of the optical appliance to which it relates takes place or is to take place, or
ii
in a case where the optical appliance to which that voucher relates (including an appliance which has been repaired or replaced) is delivered to the patient by post or courier, that voucher was issued;
.
3
Insert the following definitions at the appropriate alphabetical places —
“ophthalmic performers list” means a list of ophthalmic medical practitioners and optometrists prepared in accordance with regulation 3(1)(c) of the National Health Service (Performers Lists) Regulations 2004 ;
;
“ophthalmic practitioner” means an ophthalmic medical practitioner or optometrist whose name is included in an ophthalmic performers list;
; and
“the POS Regulations ” means the Primary Ophthalmic Services Regulations 2008 ;
.
4
Omit the definitions of “Ophthalmic Services Regulations” and “optician”.
5
For paragraph (a) of the definition of “voucher”, substitute “in Part 3, a voucher form supplied by the Secretary of State or a Primary Care Trust to a person with whom that Trust has entered into a general ophthalmic services contract”.
Insertion of regulations 19A to 19C into the Optical Regulations
3
At the end of Part V of the Optical Regulations (payments for cost of replacement or repair of optical appliances), add regulations 19A to 19C —
Notice as to cessation of payments
19A
No payment shall be made in any of the circumstances set out in paragraph (2), where a notice has been served under paragraph (3) or (5), from the date specified in that notice.
2
The circumstances mentioned in paragraph (1) are that —
a
in the judgement of the responsible authority, the supplier is not a suitable person to receive public funds from the responsible authority;
b
the supplier has failed to comply with conditions as to records or certificates as determined by the Secretary of State pursuant to section 180(11) (payments in respect of costs of optical appliances) in relation to the responsible authority; or
c
the supplier or, if the supplier is a corporate body, any director, chief executive or secretary of it, or if the supplier is a partnership any partner in the supplier, has been removed from an ophthalmic list or a supplementary list on the grounds mentioned in section 49F(3) of the Act (disqualification in a fraud case) or from an ophthalmic performers list under a provision corresponding to the section.
3
Subject to paragraph (4), in a case to which paragraph (2)(a) applies, the Secretary of State may give notice under section 181(4) (section 180: supplementary) that no further payments in the area of the responsible authority may be made to that supplier from the date specified in the notice, which shall be a month after the date of that notice.
4
In a case to which paragraph (3) applies, where the supplier has appealed under paragraph (7)(b), the payments may, if the Secretary of State so decides, continue to be made until the FHSAA decides to uphold that notice or to issue a stop order.
5
Subject to paragraph (6), in a case to which paragraph (2)(b) or (c) applies, the Secretary of State shall give a notice to the supplier under section 181(4) that no further payments in the area of a responsible authority may be made to it from the date specified in the notice, which shall be the date of that notice.
6
In a case to which paragraph (2)(b) applies, the Secretary of State may withdraw the notice, given under paragraph (5), if that supplier has, since the date of that notice, complied with the conditions mentioned in paragraph (2)(b).
7
Subject to paragraph (9), in any case where notice has been given under either paragraph (3) or (5) —
a
the Secretary of State may apply to the FHSAA for a stop order in relation to that supplier and, if he does, he shall notify that supplier that he has so applied; and
b
the supplier may appeal to the FHSAA, whether or not the Secretary of State applies for a stop order, provided it does so within 28 days of receipt of the notice.
8
On appeal the FHSAA may make any decision that the Secretary of State could have made.
9
In a case where —
a
paragraph (2)(c) applies and notice has been given under paragraph (5); and
b
that person is subject to a national disqualification, under section 159 (national disqualification) or provisions corresponding to that section,
the Secretary of State shall apply to the FHSAA for a stop order and notify the supplier of that application.
10
A notice under paragraph (3) shall state —
a
the reason why that supplier is judged not to be suitable;
b
that the supplier has the right of appeal set out in paragraph (7)(b); and
c
how to exercise that right.
11
A notice under paragraph (5) shall state —
a
in a case to which paragraph (2)(b) applies, what condition the supplier has failed to comply with; or
b
in a case to which paragraph (2)(c) applies, the circumstances specified in that paragraph and the person to whom they apply, and
that the supplier has the right of appeal set out in paragraph (7)(b) and how to exercise that right.
12
Except in a case where a stop order has been made by the FHSAA, a notice under paragraph (3) may be withdrawn at any time.
13
In this regulation and in regulations 19B and 19C —
a
the FHSAA means the Family Health Services Appeal Authority constituted under section 169 (FHSAA);
b
“notify” means to notify in writing (including electronically) and “notice” shall be construed accordingly;
c
“payment” means payment in accordance with regulation 13 or 18;
d
any reference to a section, except where specified otherwise, is to a section of the National Health Service Act 2006 , and
the use of the term “it” in relation to a supplier includes a reference to a supplier that is an individual or two or more individuals practising in partnership and related expressions shall be construed accordingly.
Reviews
19B
1
The Secretary of State shall review a notice under regulation 19A(2)(a) if —
a
the supplier so requests; and
b
more than 2 years have elapsed since either the notice was given or the last such review, whichever is the later, and
if, in the judgement of the responsible body, that supplier is then a suitable person to receive public funds from it, the Secretary of State shall withdraw that notice.
2
Where a notice has been issued under regulation 19A(2)(b) and the supplier considers that it has now complied with the condition specified in that notice, it may request the Secretary of State to review the notice and, if the Secretary of State is satisfied as a result of that review that it has so complied, he shall withdraw that notice.
3
In any case where a review has been conducted under paragraph (2), that supplier may not request a further review until a period of 12 months has elapsed since the last such review.
4
Where a notice has been issued under regulation 19A(2)(c) and —
a
that person has since been restored to the list mentioned in that provision; or
b
where that person was a director, chief executive or secretary of a corporate body and has ceased to be a director, chief executive or secretary of that corporate body,
the Secretary of State shall, if requested to do so by the supplier, review that notice and may, if he considers it appropriate, withdraw that notice.
5
If, as a result of a review under paragraph (1), (2) or (4), the Secretary of State does not withdraw that notice, the supplier may appeal to the FHSAA, provided it does so within 28 days of receipt of the Secretary of State’s decision on that review.
Reviews of stop orders
19C
1
The FHSAA may, at the request of the supplier upon which a stop order has been imposed, review it and on such a review may confirm it or revoke it.
2
Subject to paragraphs (3) and (4), the supplier may not request a review of a stop order before the end of the period of 2 years beginning with the date —
a
on which the stop order was imposed; or
b
of the FHSAA’s decision on the last such review,
whichever is the later.
3
If, on making a decision to impose a stop order, the FHSAA states that it is of the opinion that there is no realistic prospect of a review or a further review, as the case may be, being successful if held within the period specified in paragraph (2), the reference to “2 years” shall be a reference to 5 years or such lesser period, being more than 2 years, as the FHSAA may determine.
4
If, on a review, the FHSAA states that it is of the opinion that there is a realistic prospect of a review or a further review, as the case may be, being successful if held within a lesser period than that specified in paragraph (2), the reference to “2 years” shall be a reference to “one year
.”.
Schedule
4
The Schedule to these Regulations shall have effect.
Signed by authority of the Secretary of State for Health
Ann Keen,
Parliamentary Under Secretary of State
Department of Health
26th June 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Mental Health (Nurses) (England) Order 2008.
2
This Order shall come into force on 3rd November 2008 immediately before the coming into force of the Mental Health (Hospital, Guardianship and Treatment) Regulations 2008 .
3
This Order applies to England.
Prescribed classes of nurse
2
1
For the purposes of section 5(4) of the Mental Health Act 1983 (power to detain patient in hospital for maximum of 6 hours) a nurse of the prescribed class is a nurse registered in either Sub-Part 1 or 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001 , whose registration includes an entry specified in paragraph (2).
2
An entry in the register referred to in paragraph (1) is an entry indicating that the nurse’s field of practice is either —
a
mental health nursing, or
b
learning disabilities nursing.
Revocation
3
The Mental Health (Nurses) Order 1998 is revoked in relation to England.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State
Department of Health
28th April 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008.
2
In this Order “ the Act ” means the Welfare Reform Act 2007.
Commencement
2
1
For the purpose only of conferring power to make regulations, the day appointed for the coming into force of the provisions of the Act specified in the Schedule is 18th March 2008.
2
1st April 2008 is the day appointed for the coming into force of section 49 of the Act (loss of benefit for commission of benefit offences).
3
Insofar as they are not already in force, 27th July 2008 is the day appointed for the coming into force of —
a
paragraphs 10(1), (2) and (32) and 17(1), (2), (3) and (6) of Schedule 3 to the Act and section 28(1) of the Act so far as it relates to those paragraphs; and
b
section 25(2)(b) of, and paragraphs 1, 2, 3(b), (c) and (d) and 11 of Schedule 4 to, the Act and section 29 of the Act so far as it relates to those paragraphs.
4
Insofar as they are not already in force, 27th October 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
sections 1 to 12, 14, 16 to 27, 28(2) and (3);
b
section 28(1) so far as it relates to the provisions of Schedule 3 referred to in sub-paragraph (f);
c
section 67 so far as it relates to the repeals referred to in sub-paragraph (g);
d
Schedule 1;
e
Schedule 2;
f
paragraphs 1 to 4, 6, 7(1), (7) and (8), 8, 9(1) to (4), (6) to (11) and (13), 10 to 20 and 22 to 24 of Schedule 3; and
g
the repeals set out in Schedule 8 to the Act relating to —
i
sections 6A(3) and 124(1) of the Social Security Contributions and Benefits Act 1992 ;
ii
section 73(4) of the Social Security Administration Act 1992 ;
iii
paragraphs 19(2) and (3), 40(2) and 53(2) of Schedule 2 to the Jobseeker’s Act 1995 ;
iv
sections 2(2) and 28(3) of, paragraph 6(b) of Schedule 2 to, and paragraph 3 of Schedule 3 to, the Social Security Act 1998 ; and
v
section 72(3) of the Welfare Reform and Pensions Act 1999 .
Consequential provisions
3
1
The following amendments have effect as from 1st April 2008 (in consequence of the coming into force on that day of section 49 of the Act).
2
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , in paragraph 27 of Schedule 2 (decisions against which no appeal lies), for “3 years” substitute “5 years”.
3
In the Social Security (Loss of Benefit) Regulations 2001 , in regulation 2(2) (disqualification period), for “3 years” substitute “5 years”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
17th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2008 and shall come into force on 1st September 2008.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
1
Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (child care charges) is amended as follows.
2
In paragraph (2)(a) —
a
omit paragraph (ii);
b
after that paragraph insert —
iia
by a person registered under Part 3 of the Childcare Act 2006 ;
;
c
for paragraph (iii) substitute —
iii
in respect of any period on or before the last day the child is treated as a child for the purpose of this regulation by or under the direction of the proprietor of a school on the school premises (subject to subsection 2(B));
;
d
insert “or” at the end of paragraph (vi);
e
omit paragraph (viii) and the “or” before it.
3
After paragraph (2) insert —
2A
In paragraph (2)(a)(iii) —
“proprietor”, in relation to a school, means –
the governing body incorporated under section 19 of the Education Act 2002 , or
if there is no such body, the person or body of persons responsible for the management of the school;
“school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”) is or may be required to inspect;
“school premises” means premises that may be inspected as part of an inspection of the school by the Chief Inspector.
2B
Care provided for a child in England is not registered or approved care under paragraph (2)(a)(iii) if —
a
it is provided during school hours for a child who has reached compulsory school age, or
b
it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
3
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
4
In regulation 4(4) (employment income) in Table 1 —
a
in item 16 —
i
in paragraph (a) after “In-Work Credit” insert “, Better Off In-Work Credit” and omit “or” at the end;
ii
after paragraph (b) insert —
c
under the City Strategy Pathfinder Pilots,
d
by way of an In-Work Emergency Discretion Fund payment pursuant to arrangements made by the Secretary of State, or
e
by way of an Up-front Childcare Fund payment pursuant to arrangements made by the Secretary of State.
;
b
after item 16A insert —
16B
Any In-Work Emergency Fund payment made to a person pursuant to arrangements made by the Department of Economic Development under section 1 of the Employment and Training Act (Northern Ireland) 1950 .
;
c
after item 19 insert —
20
Pay As You Earn ( PAYE ) settlement agreements made under Part 6 of the Income Tax (PAYE) Regulations (“the PAYE Regulations”) 2003 .
For the purposes of this item the special arrangements under regulation 141 of the PAYE Regulations also apply.
5
1
Regulation 8 (student income) is amended as follows.
2
For paragraph (a) substitute —
a
in England, any adult dependant’s grant payable —
i
under regulation 41 of the Education (Student Support) Regulations 2006 in relation to an academic year which begins on or after 1st September 2006 but before 1st September 2007;
ii
under regulation 43 of the Education (Student Support) Regulations 2007 in relation to an academic year which begins on or after 1st September 2007 but before 1st September 2008;
iii
under regulation 42 of the Education (Student Support) Regulations 2008 in relation to an academic year which begins on or after 1st September 2008 but before 1st September 2009; or
iv
under regulation 44 of the Education (Student Support) (No. 2) Regulations 2008 in relation to an academic year which begins on or after 1st September 2009;
.
3
For paragraph (d) substitute —
d
in Wales, any adult dependant’s grant payable —
i
under regulation 22 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 in relation to an academic year which begins on or after 1st September 2006 but before 1st September 2007;
ii
under regulation 26 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 in relation to an academic year which begins on or after 1st September 2007 but before 1st September 2008; or
iii
under regulation 26 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 in relation to an academic year which begins on or after 1st September 2008.
Amendment of the Child Tax Credit Regulations 2002
6
The Child Tax Credit Regulations 2002 are amended as follows.
7
1
Regulation 2(1) (interpretation) is amended as follows.
2
In the definition of “child” omit “or who falls within the terms of regulation 4”.
3
After the definition of “the family element of child tax credit” and “the individual element of child tax credit” insert —
“full-time education” means education received by a person attending a course of education where, in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds or exceeds on average 12 hours a week in normal term-time, and shall include gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course;
.
4
After the definition of “placing for adoption” insert —
“qualifying body” means–
the Careers Service or Connexions Service;
the Ministry of Defence;
in Northern Ireland, the Department for Employment and Learning or an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 ; or
for the purposes of applying Council Regulation (EEC) No. 1408/71 , any corresponding body in another member state;
.
5
Omit the definition of “recognised educational establishment”.
8
1
In regulation 3(1) (circumstances in which a person is or is not responsible for a child or qualifying young person) in Rule 4.1 —
a
in Case D omit “child (having attained the age of sixteen) or”;
b
in Case E omit “The child (having attained the age of sixteen) or”;
c
in Case F omit “The child (having attained the age of sixteen) or” and the second paragraph;
d
after Case F insert —
Case G The qualifying young person has a spouse, civil partner or partner with whom they are living and the spouse, civil partner or partner is not in full-time education or approved training as provided for under regulation 5(3).
Case H The responsible person is the spouse, civil partner or partner of a qualifying young person with whom they are living.
This Case does not apply to persons in receipt of child tax credit for a qualifying young person who is living with a partner on the day before 1st September 2008.
9
1
For regulation 4 (period for which a person who attains the age of sixteen remains a child) substitute —
Period for which a person who attains the age of sixteen is a qualifying young person
4
1
A person who attains the age of sixteen is a qualifying young person from the date on which that person attained that age until 31st August which next follows that date.
2
Paragraph (1) is subject to regulation 5 but as if there were no requirement to satisfy the first condition specified in paragraph (3) of that regulation.
10
1
Regulation 5 (maximum age and prescribed conditions for a qualifying young person) is amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (ab) for “to him by virtue of his employment or any office held by him” substitute “by means of a contract of employment”;
b
in sub-paragraph (b)(ii) for “the Careers Service, the Connexions Service or the Department for Employment and Learning” substitute “a qualifying body”.
3
In paragraph (5) for the words from the beginning of the paragraph to the end of sub-paragraph (b) substitute —
5
For the purposes of paragraphs (3) and (4) a person shall be treated as being in full-time education if full-time education is received by that person by undertaking a course —
a
at a school or college, or
b
where that person has been receiving that education prior to attaining the age of sixteen, elsewhere, if approved by the Board,
.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
11
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
12
In regulation 5(2) (manner in which claims to be made) for sub-paragraph (b) substitute —
b
in such other manner as the Board may decide having regard to all the circumstances.
13
1
Regulation 13 (circumstances in which claims made by one member of a couple to be treated as also made by the other member of the couple) is amended as follows.
2
In paragraph (1) after “(2)” insert “or (3)”.
3
After paragraph (2) insert —
3
A claim for a tax credit made by one member of a couple is to be treated as also made by the other member of the couple in such manner and in such circumstances as the Board may decide.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th August 2008
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th August 2008


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2006 (Disapplication of Section 25) Order 2008 and shall come into force on 25th July 2008.
Disapplication of section 25 of the Terrorism Act 2006
2
Section 25 of the Terrorism Act 2006 is disapplied for a period of one year beginning with the coming into force of this Order.
Tony McNulty
Minister of State
Home Office
3rd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2008 and shall come into force on 17th March 2008.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 3 (claims not required for entitlement to benefit in certain cases) for sub-paragraph (cb) substitute —
cb
in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and
i
the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension; or
ii
the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension;
.
Signed by authority of the Secretary of State for Work and Pensions
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th February 2008


text:
Title and commencement
1
1
The title of this Order is The Rhondda Cynon Taf (Llanharan, Llanharry, Llantrisant and Pont-y-clun Communities) Order 2008.
2
Subject to paragraph (3), for any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on 1 February 2009.
3
Article 8 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 2012, on 15 October 2011;
b
for all other purposes, on the ordinary day for election of councillors in 2012.
4
For all other purposes, this Order comes into force on 1 April 2009, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
“Map A” means the map marked “Map A of the Rhondda Cynon Taf (Llanharan, Llanharry, Llantrisant and Pont-y-clun Communities) Order 2008” and deposited in accordance with Regulation 5 of the Regulations;
“Map B” means the map marked “Map B of the Rhondda Cynon Taf (Llanharan, Llanharry, Llantrisant and Pont-y-clun Communities) Order 2008” and deposited in accordance with Regulation 5 of the Regulations;
“Map C” means the map marked “Map C of the Rhondda Cynon Taf (Llanharan, Llanharry, Llantrisant and Pont-y-clun Communities) Order 2008” and deposited in accordance with Regulation 5 of the Regulations;
any reference to an electoral division is a reference to an electoral division of the County Borough of Rhondda Cynon Taf; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Llanharan and Pont-y-clun — change in community areas and consequential changes to electoral arrangements
3
That part of the community of Llanharan shown as hatched area “A” on Map A —
a
is transferred to the community of Pont-y-clun;
b
forms part of the Cefnyrhendy ward of the community of Pont-y-clun; and
c
forms part of the electoral division of Pont-y-clun.
Llantrisant and Pont-y-clun — change in community areas and consequential changes to electoral arrangements.
4
The part of the community of Llantrisant shown as hatched area “B” on Map A —
a
is transferred to the community of Pont-y-clun;
b
forms part of the Cefnyrhendy ward within the community of Pont-y-clun; and
c
forms part of the electoral division of Pont-y-clun.
Llanharan and Llantrisant — change in community areas and consequential changes to electoral arrangements.
5
The part of the community of Llanharan shown as hatched area “C” on Map A —
a
is transferred to the community of Llantrisant;
b
forms part of the Talbot Green ward within the community of Llantrisant; and
c
forms part of the electoral division of Talbot Green.
Llanharry and Pont-y-clun — change in community areas and consequential changes to electoral arrangements.
6
The part of the community of Llanharry shown hatched on Map B —
a
is transferred to the community of Pont-y-clun;
b
forms part of the Maes-y-felin ward within the community of Pont-y-clun; and
c
forms part of the electoral division of Pont-y-clun.
7
The part of the community of Pont-y-clun shown hatched on Map C —
a
is transferred to the community of Llanharry;
b
forms part of the Llanharry ward within the community of Llanharry; and
c
forms part of the electoral division of Llanharry.
8
In the community of Pont-y-clun the number of councillors to be elected for the Cefnyrhendy ward is 5, for the Groes-faen ward is 1, for the Maes-y-felin ward is 4 and for the Miskin ward is 1.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
8 December 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008 and shall come into force on 27th November 2008.
Amendment
2
1
The Immigration and Nationality (Fees) Regulations 2007 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “Tier 5 migrant” insert “and”; and
b
omit the definition “Tier 5 (Temporary Worker) migrant” and the “and” that follows it.
3
In regulation 5A (fees for applications for leave in the United Kingdom), for paragraph (3) substitute —
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is —
a
£400 for an application made by post or courier; or
b
£600 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.
.
4
For regulation 9 (exceptions in respect of fees for leave to remain applications) substitute —
9
No fee is payable in connection with applications referred to in —
a
regulation 3;
b
regulation 5A, in so far as the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules;
c
regulation 5C; or
d
regulation 6, in so far as the application is for work permit employment under the immigration rules, as a highly skilled migrant under the immigration rules, as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules or a Tier Two migrant,
where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
.
5
In regulation 12 (exceptions in respect of fees for leave to remain applications), omit “, 5D”.
6
Omit regulations 15, 16 and 18 (fees for immigration employment documents).
7
At the beginning of regulation 20A (fees for sponsorship applications), insert “Subject to regulation 20AA,”.
8
After regulation 20A (fees for sponsorship applications), insert —
20AA
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is for a licence referred to in sub-paragraphs (a) to (d) of regulation 20A and is in respect of a person who —
a
holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and
b
is not a small sponsor,
the fee is £600.
.
9
For regulation 20B (fees for entry clearance applications), substitute —
20B
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies —
a
subject to sub-paragraphs (b), (c) and (d), where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £600;
b
subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £540;
c
subject to sub-paragraph (d),where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £200;
d
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who —
i
has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter,
the fee is £180;
e
where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £205;
f
subject to sub-paragraph (g), where the application is for entry clearance as a Tier 2 migrant, the fee is £205;
g
where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £185;
h
where the application is for entry clearance for settlement in the United Kingdom, the fee is £515;
i
where the application is for entry clearance to the United Kingdom other than —
i
for the purposes listed in sub-paragraphs (a) to (h);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
as a Tier 4 migrant;
v
as a Tier 5 migrant; or
vi
for passing through the United Kingdom,
the fee is £205.
2
This regulation is subject to regulation 20C and regulation 20D.
.
10
In regulation 20C (exceptions and waivers in respect of fees for entry clearance applications) —
a
after paragraph (b) insert “or”; and
b
omit paragraph (d) and the “or” before it.
Phil Woolas
Minister of State
Home Office
19th November 2008
We consent
Frank Roy
Tony Cunningham
Two Lords Commissioners of Her Majesty’s Treasury
17th November 2008


text:
Title and commencement
1
These Regulations may be cited as the Transmissible Spongiform Encephalopathies (No.2) (Amendment) Regulations 2008 and come into force on 26th April 2008.
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 paragraphs (2) to (4).
2
In paragraph (1) of regulation 2 (interpretation) —
a
immediately before the definition of “bovine animal” there is inserted the following definition –
“the amended Community TSE Regulation” means the Community TSE Regulation as amended by Commission Regulation (EC) No. 722/2007 amending Annexes II , V, VI , VIII , IX and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies and Commission Regulation (EC) No. 357/2008 amending Annex V to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies ;
;
b
in the definition of “cutting plant”, for the reference to paragraph 10(2)(c) of Schedule 6 there is substituted a reference to paragraph 9(2)(b)(iii) of that Schedule; and
c
immediately after the definition of “slaughterhouse” there is inserted the following definition –
“specified risk material” (save as specified in paragraph 20(6) of Schedule 6) has the meaning given to it in Article 3.1(g) of the amended Community TSE Regulation;
.
3
For Schedule 6 (specified risk material, mechanically separated meat and slaughtering techniques) there is substituted the Schedule set out in the Schedule to these Regulations.
4
In Schedule 7 (restrictions on dispatch to other member States and to third countries) for paragraph 2 (exports to third countries) there is substituted the following paragraph —
2
Any person who fails to comply with point 10.3 of Annex V to the amended Community TSE Regulation is guilty of an offence.
.
Revocation
3
The Beef Bones Regulations 1997 are revoked in as far as they apply in relation to England.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
24th April 2008


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 28 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 28 of the Finance Act 2008 (companies in difficulty: SME R&D relief and vaccine research relief) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 5) Order 2008.
2
In this Order, the “ 2006 Act ” means the Violent Crime Reduction Act 2006.
Commencement
2
The following provisions of the 2006 Act shall come into force on 1st April 2008 to the extent not already in force —
a
section 43(4) (sale etc. of knives and other weapons) in so far as it inserts subsections (11D) and (11E) into section 141 of the Criminal Justice Act 1988 (offensive weapons) ;
b
section 51 (corresponding provision for Northern Ireland) in so far as it relates to the entries in Schedule 2 (weapons etc.: corresponding provisions for Northern Ireland) referred to in sub-paragraph (c);
c
in Schedule 2 —
i
paragraph 11(1); and
ii
paragraph 11(3) in so far as it inserts subsections (11D) and (11E) into section 141 of the Criminal Justice Act 1988;
d
section 65 (repeals) in so far as it relates to the entries in Schedule 5 (repeals) referred to in sub-paragraph (e);
e
in Schedule 5 (repeals), the entries relating to the Criminal Justice Act 1988.
3
The following provisions of the 2006 Act shall come into force on 6th April 2008 to the extent not already in force —
a
section 43 (sale etc. of knives and other weapons);
b
section 51 (corresponding provision for Northern Ireland) in so far as it relates to the entry in Schedule 2 (weapons etc.: corresponding provisions for Northern Ireland) referred to in sub-paragraph (c);
c
in Schedule 2, paragraph 11; and
d
section 59 (limitation period for anti-social behaviour orders).
Tony McNulty
Minister of State
Home Office
20th March 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Specified Work and Registration) (England) (Amendment) Regulations 2008 and come into force on 1st September 2008.
2
They apply only in relation to England.
Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
2
The Education (Specified Work and Registration) (England) Regulations 2003 are amended in accordance with the following regulations.
3
In regulation 3, delete “and” at the end of the definition of “the 2003 Regulations” and after that definition insert —
“employment-based teacher training scheme” means the scheme established by the Secretary of State under paragraph 19 of Schedule 2 to the 1999 Regulations or paragraph 10 of Schedule 2 to the 2003 Regulations;
.
4
1
In regulation 7, after “mentioned in” insert “Part 1 of”.
2
After regulation 7 insert —
8
1
Subject to the exception mentioned in Part 2 of Schedule 3, a person who is not a qualified teacher may carry out specified work in a school in reliance upon satisfying the conditions specified in paragraph 9 of Schedule 2 only if that person is registered with provisional registration under section 3 of the 1998 Act.
2
Subject to the exception mentioned in Part 2 of Schedule 3, on or after 1 st September 2009 a person who is not a qualified teacher may carry out specified work in a school in reliance upon satisfying the conditions and requirements specified in paragraph 2, 4 or 5 of Schedule 2 only if that person is registered with provisional registration under section 3 of the 1998 Act.
9
1
Subject to paragraph (2) and the exception mentioned in Part 3 of Schedule 3, a person may undertake a course of training with a view to becoming a qualified teacher only if that person is registered with provisional registration under section 3 of the 1998 Act.
2
This regulation does not apply to any course of training on the employment-based teacher training scheme.
.
5
In paragraph 1 of Schedule 2 delete the definition of “employment-based teacher training scheme”.
6
For Schedule 3 substitute —
SCHEDULE 3
Exceptions to the Requirements to be Registered
Regulations 7 to 9
PART 1 Exceptions under regulation 7
1
1
A qualified teacher who meets the conditions in sub-paragraph (2) is excepted from the requirement to be registered with full registration under regulation 7.
2
The conditions are that —
a
a decision has been made under any of the regulations mentioned in sub-paragraph (3) that the person has failed satisfactorily to complete an induction period;
b
the person is appealing against that decision; and
c
the appeal has not been determined or withdrawn.
3
The regulations referred to in sub-paragraph (2)(a) are —
a
the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 ;
b
the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 ; and
c
the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003 .
2
1
This paragraph applies to a qualified teacher who takes up a post as a teacher at a school —
a
for the first time; or
b
following a break in service as a teacher of at least one school term.
2
Such a person is excepted from the requirement to be registered with full registration under regulation 7 for a period of four weeks starting on the date on which that person takes up the post, provided the person makes an application for full registration in accordance with regulations under section 4 of the 1998 Act (regulations relating to registration) before that date.
3
A teacher who is a qualified teacher by virtue of regulation 5 of, and paragraph 8 of Schedule 2 to, the 2003 Qualifications Regulations is excepted from the requirement to be registered with full registration under regulation 7 if that person only carries out specified work in a school on a temporary and occasional basis as determined in accordance with regulation 9(2) of the European Communities (Recognition of Professional Qualifications) Regulations 2007 .
PART 2 Exception under regulation 8
4
1
This paragraph applies to a person other than a qualified teacher who takes up a post as a teacher at a school in reliance upon satisfying the conditions and requirements in paragraph 2, 4, 5 or 9 of Schedule 2 —
a
for the first time; or
b
following a break in service as a teacher of at least one school term.
2
Such a person is excepted from the requirement to be registered with provisional registration under regulation 8 for a period of four weeks starting on the date that person takes up the post, provided the person makes an application for provisional registration in accordance with regulations under section 4 of the 1998 Act before that date.
PART 3 Exception under regulation 9
5
A person who undertakes a course of training with a view to becoming a qualified teacher is excepted from the requirement to be registered with provisional registration under regulation 9 for a period of four weeks starting on the date that person commences the training, provided the person makes an application for provisional registration in accordance with regulations under section 4 of the 1998 Act before that date.
.
Jim Knight
Minister of State
Department for Children, Schools and Familes
15th July 2008


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Alignment of Service Discipline Acts) (No. 2) Order 2008 and shall come into force on the day after the day on which it is made.
Prosecuting authority for the Army
2
For section 83A of the Army Act 1955 (the prosecuting authority) substitute —
The prosecuting authority
83A
1
Her Majesty may appoint a person as the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the person so appointed.
2
A person may be appointed as the prosecuting authority only if the person —
a
has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) ;
b
is an advocate or solicitor in Scotland of at least ten years’ standing;
c
is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing; or
d
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.
3
The prosecuting authority shall hold and vacate office in accordance with the terms of that authority’s appointment.
4
In this section “relevant territory” means —
a
any of the Channel Islands;
b
the Isle of Man;
c
a country other than the United Kingdom that is a member of the Commonwealth; or
d
a British overseas territory.
Prosecuting authority for the Royal Air Force
3
For section 83A of the Air Force Act 1955 (the prosecuting authority) substitute —
The prosecuting authority
83A
1
Her Majesty may appoint a person as the prosecuting authority for the Royal Air Force; and in this Act “the prosecuting authority” means the person so appointed.
2
A person may be appointed as the prosecuting authority only if the person —
a
has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) ;
b
is an advocate or solicitor in Scotland of at least ten years’ standing;
c
is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing; or
d
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.
3
The prosecuting authority shall hold and vacate office in accordance with the terms of that authority’s appointment.
4
In this section “relevant territory” means —
a
any of the Channel Islands;
b
the Isle of Man;
c
a country other than the United Kingdom that is a member of the Commonwealth; or
d
a British overseas territory.
Prosecuting authority for the Royal Navy
4
For section 52H of the Naval Discipline Act 1957 (the prosecuting authority) substitute —
The prosecuting authority
52H
1
Her Majesty may appoint a person as the prosecuting authority for the Royal Navy; and in this Act “the prosecuting authority” means the person so appointed.
2
A person may be appointed as the prosecuting authority only if the person —
a
has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) ;
b
is an advocate or solicitor in Scotland of at least ten years’ standing;
c
is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing; or
d
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.
3
The prosecuting authority shall hold and vacate office in accordance with the terms of that authority’s appointment.
4
In this section “relevant territory” means —
a
any of the Channel Islands;
b
the Isle of Man;
c
a country other than the United Kingdom that is a member of the Commonwealth; or
d
a British overseas territory.
Transitory provisions
5
References to “the Court of Judicature of Northern Ireland” in section 83A(2)(c) of the Army Act 1955, section 83A(2)(c) of the Air Force Act 1955 and section 52H(2)(c) of the Naval Discipline Act 1957, as substituted by this Order, shall have effect as if they were references to “the Supreme Court of Northern Ireland” until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005( comes into force.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
22nd December 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship in respect of the Third and Fourth Key Stages) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the Document published by the Authority on 30th August 2007 entitled “Citizenship Programme of study: key stage 3”;
b
“the Key Stage 4 Document” means the Document published by the Authority on 30th August 2007 entitled “Citizenship Programme of Study: key stage 4”;
c
“the attainment target for Citizenship” means level 1 of the attainment targets contained in the Key Stage 3 Document; and
d
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment target and programmes of study
3
Subject to article 6(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Citizenship.
4
In relation to any pupil who starts in the fourth key stage on or after 1st August 2009, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 4 Document have effect for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Citizenship.
5
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 and Key Stage 4 Documents (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in articles 3 and 4.
Revocation and savings
6
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship) (England) Order 2000 (“the 2000 Order ”) is revoked.
2
The 2000 Order continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying the attainment target and the programme of study for the third key stage in relation to Citizenship;
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below the attainment target for Citizenship, for the purposes of specifying the attainment targets for the third key stage in relation to Citizenship;
c
in relation to any pupil who starts in the fourth key stage before 1st August 2009, for the purposes of specifying the attainment target and the programme of study for the fourth key stage in relation to Citizenship.
3
In relation to a pupil falling within paragraph (2)(b), article 2(2) of the 2000 Order is to have effect with the reference to the attainment target for Citizenship in that provision being construed in accordance with article 2(c) of this Order.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Student Support) (Amendment) (No. 3) Regulations 2008.
2
These Regulations come into force on the 22nd day after they are laid before Parliament.
3
These Regulations apply in relation to England .
4
In these Regulations, “the 2008 Regulations ” means the Education (Student Support) Regulations 2008 and “the 2008 (No. 2) Regulations ” means the Education (Student Support) (No. 2) Regulations 2008 .
Amendment of the 2008 Regulations
2
The 2008 Regulations are amended in accordance with Schedule 1.
Amendment of the 2008 (No. 2) Regulations
3
The 2008 (No. 2) Regulations are amended in accordance with Schedule 2.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
13th November 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2008 and come into force on 21st April 2008.
2
These Regulations apply in relation to England.
3
In these Regulations, the “ principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 2005 .
Insertion of new regulation 56A in the principal Regulations
2
After regulation 56 (provisions relating to determinations under section 164 of the 2006 Act) of the principal Regulations, insert —
Information to be provided in respect of remuneration for persons providing pharmaceutical services
56A
1
For the purpose of regulation 56(b)(iv) (determinations may be made by reference to specified data), the data to which reference may be made may include information obtained pursuant to paragraph (2) by the Secretary of State or a person nominated by the Secretary of State (“the nominee”).
2
A pharmacist shall, on request, provide the Secretary of State or the nominee within 30 days with information (for example invoices) which the Secretary of State considers to be relevant to matters the Secretary of State may take into account for the purposes of making the Secretary of State’s determination under section 164 of the 2006 Act.
3
For the purposes of paragraph (2), the Secretary of State may appoint any person to —
a
act as the Secretary of State’s nominee; and
b
handle and process the information obtained,
and the Secretary of State may require that such information be obtained, handled or processed in such manner as he may specify.
4
Before appointing any person to act as the Secretary of State’s nominee and handle and process information, the Secretary of State must consult such organisations as he considers appropriate that appear to him to represent persons providing pharmaceutical services.
.
Amendment of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations (terms of service of pharmacists) —
a
in sub-paragraph (2)(a)(i) of paragraph 26 (clinical governance), omit the words “, and make available in an appropriate manner,”, and insert after “practice leaflet”, the words “containing approved particulars”; and
b
in sub-paragraph (1)(a) of paragraph 28 (inducements etc. ), for the words “non-electronic prescription form or non-electronic repeatable prescription” substitute “prescription form or repeatable prescription”.
Amendment of Schedule 4 to the principal Regulations
4
In paragraph 2 (details of applicant) of Part 1 of Schedule 4 to the principal Regulations (information to be included in an application for inclusion in a Pharmaceutical List or inclusion in a List in respect of different services or premises), after the word “superintendent” omit “(where known)”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
6th March 2008


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2007 (Schedule 9) Order 2008 and shall come into force on 11th March 2008.
Effect of paragraphs 4, 6 to 9, 10(3) to (5), 11 and 12 of Schedule 9 to the Finance Act 2007
2
The amendments made by paragraphs 4, 6 to 9, 10(3) to (5), 11 and 12 of Schedule 9 to the Finance Act 2007 (insurance companies: transfers etc ) have effect —
a
in relation to transfers of business taking place on or after 1st July 2008, and
b
subject to any provision made by an order under paragraph 16 of that Schedule on or after the date on which this Order is made.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008 and shall come into force on 1st October 2008.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Revocation
3
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (High Wycombe Town Centre) Order 1997 and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (High Wycombe Town Centre) (Amendment) Order 1999 are revoked.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
1st September 2008


text:
Citation
1
This Order may be cited as the Health Act 2006 (Commencement No.6) Order 2008.
Appointed day for provisions relating to medicines and pharmacies
2
1st October 2009 is the day appointed for the coming into force of the following provisions of the Health Act 2006 —
a
sections 27, 28, 29 and 31;
b
section 30 in so far as it is not already in force ; and
c
in Schedule 9, the repeal of paragraph (b) and the “and” immediately preceding it in section 77 of the Medicines Act 1968 .
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
14th October 2008


text:
Citation and commencement
1
This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment of Schedule 1) Order 2008 and comes into force on 6th April 2008.
Amendment of Schedule 1
2
1
Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc ) is amended as follows.
2
At the appropriate places, insert “Department for Business, Enterprise and Regulatory Reform”, “Department for Children, Schools and Families”, “Department for Innovation, Universities and Skills” and “Ministry of Justice (including the Scotland Office and the Wales Office)”.
3
Omit “Department for Constitutional Affairs (including the Scotland Office and the Wales Office)”, “Department for Education and Skills”, “Department of Trade and Industry”, “Office of the Deputy Prime Minister” and “Privy Council Office”.
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
14th February 2008