text:
Citation and commencement
1
1
This Order may be cited as the District of Mendip (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of Mendip;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of Mendip (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of Mendip
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-four wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Frome
4
1
The existing wards of the parish of Frome shall be abolished.
2
The parish shall be divided into six wards which shall be named Frome Berkley Down, Frome College, Frome Keyford, Frome Market, Frome Oakfield and Frome Park.
3
Each ward shall comprise the area designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Frome Berkley Down, Frome College, Frome Keyford, Frome Market and Frome Park wards shall be three and for Frome Oakfield ward shall be two.
Wards of the parish of Glastonbury
5
1
The existing wards of the parish of Glastonbury shall be abolished.
2
The parish shall be divided into four wards which shall be named Glastonbury St Benedict’s, Glastonbury St Edmund’s, Glastonbury St John’s and Glastonbury St Mary’s.
3
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be four.
Wards of the parish of St Cuthbert Out
6
1
The existing wards of the parish of St Cuthbert Out shall be abolished.
2
The parish shall be divided into four wards which shall be named St Cuthbert Out East, St Cuthbert Out North, St Cuthbert Out South and St Cuthbert Out West.
3
Each ward shall comprise the area designated on sheets 1, 2 and 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of St Cuthbert Out North and St Cuthbert Out West wards shall be five, for St Cuthbert Out East ward shall be four, and for St Cuthbert Out South ward shall be three.
Wards of the parish of Street
7
1
The existing wards of the parish of Street shall be abolished.
2
The parish shall be divided into three wards which shall be named Street North, Street South and Street West.
3
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Street North ward shall be seven, for Street South ward shall be six and for Street West ward shall be three.
Wards of the parish of Wells
8
1
The existing wards of the parish of Wells shall be abolished.
2
The parish shall be divided into three wards which shall be named Wells Central, Wells St Cuthbert’s and Wells St Thomas’.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Wells St Cuthbert’s and Wells St Thomas’ wards shall be six and for Wells Central ward shall be four.
Map
9
Mendip District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
10
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 and shall come into force on 1st November 2007.
2
These Regulations shall cease to have effect on 31st October 2009 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“the Fraud Act ” means the Social Security Fraud Act 2001 ;
“attendance allowance” means —
an attendance allowance under section 64;
an increase of disablement pension under section 104 or 105 (increases where constant attendance needed and for exceptionally severe disablement);
a payment in respect of the need for constant attendance under regulations made in accordance with section 111 and paragraph 7(2) of Schedule 8 (payments for constant attendance in workmen’s compensation cases);
an increase in allowance which is payable in respect of constant attendance under section 111 and paragraph 4 of Schedule 8 (industrial diseases benefit schemes);
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
any payment based on the need for attendance which is paid as an addition to a war disablement pension;
“disability living allowance” means a disability living allowance under section 71;
“partner” means —
where a claimant is a member of a couple, the other member of that couple;
where a claimant is polygamously married to two or more members of his household, any such member;
“relevant authority” has the same meaning as in paragraph 1 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 ;
“war disablement pension” means —
any retirement pay, pension or allowance granted in respect of disablement under powers conferred by or under —
the Air Force (Constitution) Act 1917 ;
the Personal Injuries (Emergency Provisions) Act 1939 ;
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 ;
the Polish Resettlement Act 1947 ;
Part VII or section 151 of the Reserve Forces Act 1980 ;
the following pay, pension or allowances, but only the part attributable to disablement or disability —
a wounds pension granted to a member of the armed forces of the Crown;
retired pay of a disabled officer granted on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;
a disablement or disability pension granted to a member of the armed forces of the Crown, other than a commissioned officer, on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;
a disablement pension granted to a person who has been employed in the nursing services of any of the armed forces of the Crown on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown; and
a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 .
2
Unless the context otherwise requires, any reference in these Regulations to a numbered section or Schedule is a reference to the section of, or Schedule to, the Social Security Contributions and Benefits Act 1992 bearing that number.
Application of pilot scheme
3
These Regulations apply in relation to a former occupier only where the following conditions are satisfied in his case —
a
the relevant order for possession relates to a dwelling which is within the area of a relevant authority specified in the Schedule and was made on or after the date there specified in relation to that authority;
b
the warning notice was served on him by a relevant local authority specified in the Schedule on or after the date there specified in relation to that authority; and
c
housing benefit is awarded in respect of a dwelling which is within the area of a relevant authority specified in the Schedule.
Reduction of benefit
4
1
The housing benefit to which the former occupier would, apart from this regulation, be entitled in respect of any week in the restriction period is to be reduced as set out in this regulation.
2
In any case where the former occupier’s housing benefit in respect of any week in the restriction period is also subject to a reduction due to the application of section 7 of the Fraud Act (loss of benefit for commission of benefit offences), this regulation shall be applied subject to regulation 6.
3
The restriction period is to contain three phases —
a
Phase A is a period of four weeks beginning on the first Monday of the restriction period;
b
Phase B is a period of four weeks beginning on the Monday following the last day of Phase A; and
c
Phase C is the remainder of the restriction period and begins on the Monday following the last day of Phase B.
4
Where the restriction period stops running under section 130B(6) and starts running again under that subsection, for the purposes of identifying the relevant phase, the restriction period is to start to run again from the point when it previously stopped running.
5
The former occupier’s entitlement to housing benefit in respect of any week in —
a
Phase A is to be reduced by 10%.
b
Phase B is to be reduced by 20%.
c
Phase C is to be reduced by —
i
100%; or
ii
where the former occupier is a person in hardship under regulation 5 (meaning of “person in hardship”), 30%.
6
A reduction under sub-paragraphs (5)(a), (b) or (c)(ii) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
Meaning of “person in hardship”
5
1
A former occupier is a “person in hardship” if he —
a
has provided the relevant authority with a signed statement, on a form approved for the purpose by the Secretary of State, of the circumstances on which he relies to establish that he is a person in hardship; and
b
falls within paragraph (2), (3) or (5).
2
A former occupier falls within this paragraph if —
a
she is pregnant;
b
a member of his family is pregnant;
c
he is a single person aged less than 18; or
d
he is a member of a couple and both members are aged less than 18.
3
Subject to paragraph (4), a former occupier falls within this paragraph if he or his partner —
a
is responsible for a child or young person who is a member of the former occupier’s household;
b
has been awarded an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4);
c
has claimed either attendance allowance or disability living allowance and the claim has not been determined;
d
devotes a considerable portion of each week to caring for another person who —
i
has been awarded an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4); or
ii
has claimed either attendance allowance or disability living allowance and the claim has not been determined; or
e
is aged 60 or more.
4
A former occupier to whom paragraph (3)( c ) or (3)(d)(ii) applies is a person in hardship only for 26 weeks from the date of the claim unless he is a person in hardship under another provision of this regulation.
5
A former occupier falls within this paragraph where, after taking account of all the circumstances of the case including those set out in paragraph (6), the relevant authority is satisfied that, unless housing benefit is paid, he, or a member of his family, will suffer hardship.
6
The circumstances which the relevant authority is to take into account in determining whether the former occupier, or a member of his family, will suffer hardship include —
a
the resources which are likely to be available to his family and the length of time for which they might be available; and
b
whether there is a substantial risk that essential items, including food, clothing and heating, will cease to be available to him or a member of his family, or will be available at considerably reduced levels and the length of time for which this might be so.
7
For the purposes of this regulation “young person” has the meaning prescribed in regulation 19(1) of the Housing Benefit Regulations 2006 (persons of prescribed description).
Reduction of benefit in cases where section 7 of the Fraud Act applies
6
1
In any case where the former occupier’s housing benefit is subject to both a reduction under these Regulations and a reduction due to the application of regulations made under section 7 of the Fraud Act (loss of benefit for commission of benefit offences), his housing benefit in any week in the restriction period is to be reduced by the greater of either —
a
the amount by which it would be reduced under regulation 4; or
b
the amount by which it would be reduced under regulation 17 of the Social Security (Loss of Benefit) Regulations 2001 .
Amendment of the Social Security (Loss of Benefit) Regulations 2001
7
1
Regulation 17 of the Social Security (Loss of Benefit) Regulations 2001 (circumstances where a reduced amount of housing benefit and council tax benefit is payable) is amended as follows.
2
In paragraph (1), after the words “Subject to” insert “paragraph (4) and”.
3
After paragraph (3) insert —
4
In any case where the housing benefit of an offender or an offender’s family member is subject to both a reduction under this regulation and a reduction by virtue of section 130B of the Social Security Contributions and Benefits Act 1992 (loss of benefit following eviction on certain grounds), any payment of housing benefit which is to be made to the offender in respect of any week in the disqualification period, or to an offender’s family member in respect of any week in the relevant period, shall be reduced in accordance with paragraph (5).
5
The amount of housing benefit payable in respect of any week in the disqualification period, or relevant period (in the case of an offender’s family member) shall be reduced by the greater of either —
a
the amount by which it would be reduced under this regulation; or
b
the amount by which it would be reduced under regulation 4 of the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th July 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (South Gloucestershire) Order 2007 and shall come into force on 2nd July 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of South Gloucestershire except —
a
the entire length of the M5 within the County, including its on and off slip roads and roundabouts at its junctions with other motorways;
b
the entire length of the M4 within the County, including its on and off slip roads and roundabouts at its junctions with other motorways;
c
the entire length of the M32 within the County, including its on and off slip roads and roundabouts at its junctions with other motorways;
d
the entire length of the M49 within the County, including its on and off slip roads and roundabouts at its junctions with other motorways; and
e
the entire length of the M48 within the County, including its on and off slip roads and roundabouts at its junctions with other motorways.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
4th June 2007


text:
Title and commencement
1
These Regulations may be cited as the Persistent Organic Pollutants Regulations 2007 and come into force on 3rd December 2007.
References to Regulation (EC) No. 850/2004
2
References in these Regulations to Regulation (EC) No. 850/2004 are references to that Regulation as amended from time to time.
The competent authority and the enforcement authority
3
1
The competent authorities for the purposes of Regulation (EC) No. 850/2004 are —
a
in England and Wales, the Environment Agency;
b
in Northern Ireland, the Department of the Environment; and
c
in Scotland, the Scottish Environment Protection Agency.
2
They are also the enforcement authorities for the purposes of these Regulations.
Duties on the member State
4
All duties placed on the member State in Regulation (EC) No. 850/2004 must be executed by the Secretary of State, other than —
a
Article 5(3) of that Regulation, where they must be executed by the relevant enforcement authority; and
b
Article 6(3), which must be complied with by any person considering an application for a permit or a significant modification to a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 , the Pollution Prevention and Control (Scotland) Regulations 2000 or the Pollution Prevention and Control Regulations (Northern Ireland) 2003 .
Production, placing on the market and use
5
Any person who produces, places on the market or uses a substance in contravention of Article 3 of Regulation (EC) No. 850/2004 (control of production, placing on the market and use of specified substances) is guilty of an offence.
Stockpiles
6
1
Any person who contravenes Article 5(1) of Regulation (EC) No. 850/2004 (management of a stockpile consisting of or containing specified substances as waste) is guilty of an offence.
2
Any person who contravenes the first paragraph of Article 5(2) of that Regulation (provision of information) is guilty of an offence.
3
Any person who contravenes the second paragraph of Article 5(2) of that Regulation (management of a stockpile consisting of or containing specified substances in a safe, efficient and environmentally sound manner) is guilty of an offence.
Waste management
7
1
Any person who contravenes Article 7(1) of Regulation (EC) No. 850/2004 (contamination of waste) is guilty of an offence.
2
Any producer or holder of waste that is specified in paragraph 2 of Article 7 of that Regulation who fails to dispose of it or recover it in accordance with that paragraph is guilty of an offence.
3
Any person who contravenes Article 7(3) of that Regulation (prohibition of specified disposal and recovery operations) is guilty of an offence.
Derogation
8
1
In accordance with Article 7(4)(b) of Regulation (EC) No. 850/2004 , a holder of waste may apply to the competent authority for it to be dealt with in accordance with a method listed in Part 2 of Annex V to that Regulation.
2
If an application is refused, or is granted subject to conditions, the applicant may within 28 days give written notice to the Secretary of State that the applicant wishes to make representations on the decision.
3
The Secretary of State must appoint a person to receive those representations.
4
The appointed person must consider the representations and report in writing to the Secretary of State.
5
The Secretary of State must make a final determination and must give the applicant written notification of that determination and the reasons for it.
Fees
9
1
Section 41(1) of the Environment Act 1995 (power to make schemes imposing charges) is amended as follows —
a
omit the word “and” at the end of Paragraph (c); and
b
after Paragraph (d), insert —
and
e
as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No. 850/2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/ EEC as amended from time to time, each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed;
.
2
As a means of recovering costs incurred by it in performing functions conferred by Article 7(4)(b) of Regulation (EC) No 850/2004 —
a
the Environment Agency and the Scottish Environment Protection Agency may charge the fee of £2,000 until a charging scheme under section 41 of the Environment Act 1995 to recover such costs takes effect, or until 1st April 2011, whichever is earlier; and
b
in Northern Ireland the Department of the Environment may charge the fee of £2,000.
3
Fees must be paid by the applicant with the application.
Notices
10
1
A person authorised by the enforcement authority may serve a notice on any person who contravenes, or who the authorised person has reasonable grounds to suspect may contravene, Regulation (EC) No. 850/2004 —
a
requiring that person to act in accordance with Regulation (EC) No 850/2004 , or
b
prohibiting that person from acting in breach of it.
2
The notice must —
a
give reasons for serving it;
b
specify what action must be taken and give any necessary time limits; and
c
explain the right of appeal and the period in which an appeal may be brought.
3
Any person who is aggrieved by a notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.
4
The procedure on an appeal to a magistrates’ court is by way of complaint, and the Magistrates’ Courts Act 1980 or, in the case of Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings.
5
An appeal to the sheriff is by summary application.
6
An appeal must be brought within 28 days of service of the notice or the period specified in the notice, whichever ends earlier.
7
A court may suspend a notice pending an appeal.
Penalties
11
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
3
For the purposes of this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
30th October 2007


text:
Citation
1
This Order may be cited as the Energy Act 2004 (Commencement No. 8) Order 2007.
Commencement
2
The following provisions shall come into force on 6th April 2007 —
a
section 182 of the Energy Act 2004; and
b
paragraph 7 of Schedule 16 to that Act.
Truscott
Parliamentary Under Secretary of State for Energy,
Department of Trade and Industry
28th March 2007


text:
Citation and Commencement
1
These Regulations may be cited as the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 and come into force on 31st January 2008.
Interpretation
2
In these Regulations —
“ the Act ” means the Civil Aviation Act 1982;
“air service agreement” means an agreement between the United Kingdom and a third country governing aviation relations which is described in article 1 of Council Regulation (EC) No. 847/2004 of the Council and the European Parliament on the negotiation and implementation of air service agreements between member States and third countries ;
“applicant” means a qualifying carrier who has applied for a scarce capacity allocation certificate;
“party” means any person who has exercised the right to be heard in accordance with regulation 13(1) and any person the CAA decides to hear pursuant to regulation 13(3);
“qualifying carrier” means —
an undertaking which has been granted an air transport licence in accordance with section 65 of the Act; or
a community air carrier as defined in section 69A(8) of the Act, which has either obtained its operating licence from the CAA, or is established in the United Kingdom in accordance with Article 43 of the Treaty establishing the European Community;
“relevant traffic rights” means the traffic rights granted to the United Kingdom under or by virtue of an air service agreement;
“scarce capacity” means the capacity which exists for providing air services where the relevant traffic rights are insufficient to enable all qualifying carriers who would wish to operate services on a route, to provide all the services they would wish to provide;
“scarce capacity allocation certificate” means a certificate issued in accordance with regulation 19;
“third country” means a State other than a member State.
Consequential amendments
3
In the Civil Aviation Regulations 1991 —
a
regulation 3(5),
b
in regulation 20(1), proviso (ii)(b), and
c
regulation 27(9),
are omitted.
Capacity constrained routes
Notification of scarce capacity
4
1
Where the Secretary of State believes that within 6 months there will be scarce capacity on a route, she must notify the CAA of that belief.
2
Notification under paragraph (1) —
a
must state why the Secretary of State believes there will be scarce capacity on the route,
b
may state what issues the Secretary of State believes the CAA will be asked to determine, and
c
may describe the route in any manner the Secretary of State thinks fit.
3
The Secretary of State may not give notification under paragraph (1) unless she has formed her belief after considering representations from qualifying carriers about the capacity they plan to provide.
4
The CAA must, not later than one month after it receives the notification, publish in its Official Record a notice stating —
a
the date from which it considers that it will be necessary to allocate scarce capacity on the route, and
b
that it proposes to invite applications for the allocation of scarce capacity and, if necessary, hold a hearing for the purpose of determining those applications.
5
The notice must specify —
a
what information will be required by the CAA in connection with the application for the allocation of scarce capacity; and
b
the closing date for applications.
6
For the purposes of these Regulations a route becomes a capacity constrained route on the date specified under paragraph (4)(a) and remains as such until the date specified in the notice published under regulation 5(2).
Route ceasing to be capacity constrained route
5
1
Where the Secretary of State considers that there is no longer scarce capacity on a route she must notify the CAA.
2
The CAA must, not later than one month after it receives the notification, publish in its Official Record a notice stating that, with effect from the date specified in the notice, the route is no longer a capacity constrained route.
Allocation of scarce capacity on capacity constrained routes
Scope of regulations 7 to 24
6
Regulations 7 to 24 apply where a qualifying carrier operates or wishes to operate an air service on a capacity constrained route.
Restrictions on carriage for reward
7
No person shall use an aircraft for the carriage for reward of passengers or cargo on a capacity constrained route unless —
a
the qualifying carrier operating the air service holds a scarce capacity allocation certificate authorising him to operate aircraft on the route in question; and
b
the terms of the scarce capacity allocation certificate are complied with insofar as they relate to that route.
Prescribed function of the CAA
8
1
The function of allocating scarce capacity on a capacity constrained route is prescribed as a function of the CAA for the purposes of section 7(2) of the Act.
2
The function of deciding to grant, refusing to grant, revoking or varying (otherwise than on the application of the holder) a scarce capacity allocation certificate is prescribed as a function of the CAA for the purposes of section 7(1) of the Act.
3
The quorum of the CAA for the purposes of the functions carried out pursuant to section 7(1) of the Act is two members unless —
a
the CAA has specified less than 21 days for serving an objection or representation; or
b
the parties to the hearing have consented to a quorum of the CAA being one member;
in which case the quorum is one member.
CAA functions in allocating scarce capacity
9
1
The CAA must allocate scarce capacity in accordance with this regulation.
2
Section 4 of the Act (general objectives of the CAA) does not apply to the allocation of scarce capacity.
3
The CAA must allocate scarce capacity in a manner which it considers is best calculated —
a
to secure that qualifying carriers provide air transport services which satisfy all substantial categories of public demand at the lowest charges consistent with a high standard of safety in operating the services, whilst giving an economic return to efficient qualifying carriers on the sums invested in providing the services;
b
to further the reasonable interests of users of air transport services;
c
to secure the effective provision of civil air transport to and from the United Kingdom;
d
to ensure that qualifying carriers compete as effectively as possible with other airlines in providing air transport services on international routes; and
e
to ensure the most effective use of airports within the United Kingdom.
4
When allocating scarce capacity the CAA must have regard —
a
to the effect on existing air transport services provided by qualifying carriers; and
b
in any case —
i
where the existing services are similar (in terms of route) to the proposed new service; or
ii
where two or more applicants have applied for a scarce capacity allocation certificate, indicating that they propose to provide a new but similar service,
to any benefits which may arise from enabling two or more airlines to provide the service in question.
5
In exercising its functions under paragraphs (3) and (4), the CAA must have regard to the need to minimise so far as reasonably practicable —
a
any adverse effects on the environment; and
b
any disturbance to the public;
from noise, vibration, atmospheric pollution or any other cause attributable to the use of the aircraft for the purposes of civil aviation.
6
In performing the function of allocating scarce capacity, the CAA must have regard to any advice received from the Secretary of State.
Application for the grant, revocation or variation of a scarce capacity allocation certificate
10
1
A qualifying carrier wishing to operate on a capacity constrained route must apply in writing to the CAA for a scarce capacity allocation certificate.
2
A qualifying carrier may apply in writing to the CAA for the variation or revocation of a scarce capacity allocation certificate which that carrier holds.
3
The CAA may refuse to consider an application for the grant, revocation or variation of a scarce capacity allocation certificate unless —
a
in the case of an application for a grant or variation of a scarce capacity allocation certificate, the application is served on the CAA not less than four months before the scarce capacity allocation certificate (or the variation) is intended to have effect;
b
the applicant has furnished all the information and documents required; and
c
the applicant has paid any applicable charge under section 11 of the Act.
4
As soon as reasonably practicable after an application has been received in accordance with this regulation the CAA must —
a
publish in its Official Record —
i
such particulars of the application as it thinks necessary for indicating the substance of the application; and
ii
the period within which objections or representations in respect of the application must be made, provided that the CAA may not specify a period of less than 21 days unless it is satisfied that for reasons of urgency it is necessary to do so;
b
make a copy of the application available at its principal office for inspection by any person at any reasonable time.
5
Where the CAA has received an application, it must notify the holder of all other scarce capacity allocation certificates relating to the route to which the application relates.
6
The CAA may direct that an application be treated as being such number of separate applications as it may specify, and each such application will be treated accordingly.
Grant, revocation or variation of a scarce capacity allocation certificate without application being made
11
1
The CAA may grant, vary or revoke a scarce capacity allocation certificate otherwise than in pursuance of an application under regulation 10.
2
Where the CAA proposes to grant, vary or revoke a scarce capacity allocation certificate under paragraph (1) it must publish in its Official Record —
a
the particulars of the proposal,
b
the reasons for the proposed grant, revocation or variation, and
c
the period within which objections or representations in respect of a proposal must be made.
3
The CAA may not specify a period of less than 21 days for serving an objection or representation unless it is satisfied that for reasons of urgency it is necessary to do so.
4
Where the CAA proposes to vary or revoke a scarce capacity allocation certificate under paragraph (1), it must notify —
a
the holder of the scarce capacity allocation certificate, and
b
the holders of all other scarce capacity allocation certificates relating to the route to which the proposal relates.
Objections and representations
12
1
Any person may serve on the CAA an objection to, or a representation about —
a
an application for the grant, revocation or variation of a scarce capacity allocation certificate, or
b
a proposal under regulation 11(2).
2
Any objection or representation must —
a
be served within the period published by the CAA in its Official Record, and
b
state whether the person making it wishes to be heard.
3
Where the person making an objection or representation is a qualifying carrier, he must within 24 hours after the objection or representation has been served on the CAA, serve a copy of it on every applicant.
4
Where the person making an objection or representation is not a qualifying carrier, the CAA must —
a
(if the objection or representation is in respect of an application under regulation 10) serve a copy of it on every applicant within 7 days after the day on which the objection or representation has been served on the CAA, and
b
indicate to an applicant whether the person making the objection or representation wishes to be heard.
5
If the applicant has had an objection or representation served on him in accordance with paragraph (3), the applicant must, if so required in writing by the person making the objection or representation, serve him with a copy of the application within 3 working days after receiving such a request.
Hearings
13
1
The following persons have a right to be heard —
a
the applicant;
b
any other qualifying carrier who has served an objection or representation under regulation 12; and
c
any person who —
i
has served an objection or representation under regulation 12,
ii
appears to the CAA to be representative of persons who have expressed the views of passengers or shippers of cargo, and
iii
wishes to be heard.
2
If a person with a right to be heard requests a hearing, before the CAA decides whether to grant, refuse to grant, vary or revoke a scarce capacity allocation certificate, it must hold a hearing.
3
If any other person has —
a
served an objection or representation under regulation 12,
b
requested a hearing, and
c
stated that he wishes to be heard
the CAA may, if it thinks fit, hold a hearing and permit that person to be heard at the hearing.
Preliminary meetings
14
1
Before the date fixed for the hearing, the CAA may hold a preliminary meeting to discuss the conduct of the hearing.
2
The CAA must give to every party notice of the date, time and place of the preliminary meeting.
3
Any party may attend in person or be represented by any person whom he may have authorised to represent him.
Notice of hearing and providing of information by the CAA
15
1
No hearing may take place unless the CAA has —
a
served on every party notice of the date, time and place of the hearing (which must be not less than 14 days after the date of the notice); and
b
published in its Official Record a notice stating the date, time and place of the hearing (which must be not less than 7 days after the date of the notice).
2
Subject to paragraph (3), with notice of the hearing under paragraph (1) the CAA must serve on every party a copy of, or a summary of, any information in the possession of the CAA which —
a
has been provided in connection with the hearing; or
b
in the CAA’s opinion will be referred to at the hearing.
3
The CAA must not serve any information under paragraph (2) —
a
if it is provided by the Secretary of State and the CAA, having consulted with the Secretary of State, considers it to be exempt information within the meaning of section 84 of the Freedom of Information Act 2000 ; or
b
if it is provided by any other person and the CAA, having consulted that person, considers that it —
i
relates to the commercial or financial affairs of that person; and
ii
it cannot be disclosed to the prospective recipient without unwarranted disadvantage to the person who provided it.
Procedure at hearings
16
1
Hearings will be conducted by the CAA, sitting with such employees of the CAA acting as advisers as it thinks fit.
2
At a hearing every party may —
a
appear in person, or be represented by any other person whom he may have authorised to represent him;
b
produce oral and written evidence; and
c
examine any other party and his witnesses.
3
Any person who has served an objection or representation, but who does not wish to be heard, may make a written submission which he must submit to the CAA not less than 3 working days before the date fixed for the hearing of the case.
4
The CAA must serve on every party, as soon as reasonably practicable, a copy of any submission served on him under paragraph (3) and must have regard to it when making its decision.
5
Every hearing must be held in public except where the CAA is satisfied that, in the interests of public order, national security, or where it considers that publicity would prejudice the interests of justice.
6
The CAA, with the consent of the parties, may permit any person to attend a hearing, (whether or not it is in public).
7
The failure of the CAA or of any person —
a
to give notice or publish any particulars in the time or manner provided for in these regulations; or
b
any other minor procedural irregularity;
will not invalidate any decision taken by the CAA.
8
The CAA, may if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity (whether by the giving of notice or otherwise).
9
All the proceedings at a hearing in accordance with this regulation must be recorded in writing.
10
A copy of the transcript of the proceedings must be made available to any person on the payment of a reasonable fee, except where a decision has been taken to hold the hearing in private pursuant to regulation 16(5), in which case a transcript must only be made available to those present at the hearing.
Grant, refusal variation or revocation of a scarce capacity allocation certificate
17
1
The CAA must decide whether to grant, refuse to grant, revoke or vary a scarce capacity allocation certificate as soon as reasonably practicable —
a
where there has been a hearing in relation to the application, after the hearing;
b
where there has not been a hearing in relation to an application, after the closing date for applications specified in regulation 4.
2
The CAA must give notice of its decision to —
a
the applicant, and
b
every party.
3
A notice under paragraph (2) must state the reasons for its decision and must be published in the Official Record.
Notices
18
1
This regulation has effect in relation to any notice required by any provision of these regulations to be given to any person.
2
Any such notice may be given to any person either —
a
by delivering it to him in person,
b
by leaving it at his proper address,
c
by sending it by post to him at that address,
d
by sending it to an e-mail address which that person has previously notified to the CAA and not withdrawn, in which event the notice shall be regarded as given when one would normally expect it to be received, or
e
by sending it to him by that address by fax, or other similar means to a number which that person has previously notified to the CAA and not withdrawn, and on production by the CAA of a copy document containing the text of the communication and confirmation of successful transmission, the notice shall be regarded as given when it is sent.
3
For the purpose of this regulation the proper address of any person is, in the case of a body corporate, the registered or principal office of that body and in any other case shall be the last known address of the person to be served.
Scarce capacity allocation certificates
19
1
Where the CAA decides to grant a scarce capacity allocation certificate or (in the case of a variation) to re-issue a scarce capacity allocation certificate, it must send the scarce capacity allocation certificate to the qualifying carrier to whom it relates with the notice in regulation 17(2).
2
A scarce capacity allocation certificate may be in such form as the CAA reasonably decides and must include —
a
the routes to which it relates,
b
the services it authorises,
c
any conditions or restrictions to which a route or service is subject, and
d
the date on which it takes effect.
3
A scarce capacity allocation certificate remains in force until —
a
it is revoked by the CAA,
b
it is varied by the CAA, or
c
every route to which it relates ceases to be a capacity constrained route.
Enforcement
Enforcement by the CAA
20
These regulations will be enforced by the CAA.
Prevention of take-off
21
1
Where the CAA has reason to believe that an aircraft is intended to be used on a flight in contravention of regulation 7, the CAA may —
a
give to the operator or commander of the aircraft a direction that he must not cause or permit the aircraft to take off until further notice; and
b
having given the direction, detain the aircraft until it is satisfied that it will not be used on a flight in contravention of regulation 7.
2
For the purposes of this regulation, “commander” will have the same meaning as in the Air Navigation Order
Offences
22
1
Any person who without reasonable excuse contravenes regulation 7 is guilty of an offence.
2
Any person who, having been given a direction under regulation 21(1)(a), without reasonable cause contravenes that direction is guilty of an offence.
3
Any person guilty of an offence under this regulation will be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years.
Offences by bodies corporate
23
1
Where a body corporate is guilty of any offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in such capacity,
he, as well as the body corporate will be guilty of the offence and will be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Defence of due diligence
24
It is a defence for a person charge with an offence under regulation 22 or 23 to show that he took all reasonable steps to avoid commission of the offence.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
17th December 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Childcare Act 2006 (Commencement No. 3 and Transitional Provision) Order 2007.
2
In this Order “ the Act ” means the Childcare Act 2006.
Provisions of the Act coming into force on 1st October 2007
2
The following provisions of the Act come into force on 1st October 2007 —
a
sections 8 (powers of local authority in relation to the provision of childcare), 9 (arrangements between local authority and childcare providers), 10 (charges where local authority provide childcare), 17 (charges for early years provision at maintained school) and 51 (interpretation of Chapter 2);
b
section 13 (duty to provide information, advice and training to childcare providers) in so far as it is not already in force;
c
sections 33 to 37, 49, 50 , 52 to 56 and 59 to 61 for the purposes of making an order or regulations;
d
paragraph 2(1), (3) and (5) of Schedule 1 (and section 48 in so far as it relates to those sub-paragraphs of that paragraph);
e
paragraphs 4 and 32(1), (2), (3) and (5) of Schedule 2 (and section 103(1) in so far as it relates to those paragraphs);
f
in relation to England —
paragraph 32(4) of Schedule 2 (and section 103(1) in so far as it relates to that paragraph), and
in Part 2 of Schedule 3 the repeal of section 119(5)(ab) of the School Standards and Framework Act 1998 (and section 103(2) in so far as it relates to that provision).
Transitional Provision
3
Despite the amendment made by paragraph 2(5) of Schedule 1 to the Act, the definition of “funded nursery education” in section 23(5) of the Education Act 1997 (as inserted by paragraph 1(6) of Schedule 17 to the Education Act 2002 ) continues to have effect for the purposes of subsection (1) of that section until the coming into force of paragraph 2(2) and (4) of Schedule 1 to the Act.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
12th September 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2007 and shall come into force on 18th July 2007.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendments to the principal Regulations: general
2
The principal Regulations are amended as follows.
Insertion of regulation 49A in the principal Regulations
3
After regulation 49 insert —
Conditions relating to Class 3 contributions: transfers to the Communities’ pension scheme
49A
1
The entitlement of a person to pay a Class 3 contribution is subject to the condition set out in paragraph (2).
2
The condition is that a person may not pay a Class 3 contribution for any part of the period to which that person’s Communities transfer relates.
3
For the purposes of this regulation, paragraph (3) of regulation 148A applies to determine the meaning of a Communities transfer in the same way as it applies to determine the meaning of that expression for the purposes of that regulation.
.
Amendment of regulation 146 of the principal Regulations
4
In regulation 146(2)(b) (payment of contributions for periods abroad) for “regulation 148” substitute “regulations 148 and 148A”.
Amendment of regulation 147 of the principal Regulations
5
In regulation 147(1) (Class 2 and Class 3 contributions for periods abroad) for “regulation 148” substitute “regulations 148 and 148A”.
Insertion of regulation 148A in the principal Regulations
6
After regulation 148 insert —
Conditions of payment of Class 3 contributions: transfers to the Communities’ pension scheme
148A
1
Entitlement to pay Class 3 contributions under regulations 146 and 147 is subject to the condition set out in paragraph (2).
2
The condition is that a person may not pay a Class 3 contribution for any part of the period to which that person’s Communities transfer relates.
3
For the purposes of this regulation —
a “Communities transfer” means a transfer to the Communities pension scheme of rights to relevant benefits;
“the Communities’ pension scheme” means the pension scheme provided for officials and other servants of Community institutions and bodies in accordance with regulations adopted by the Council of the European Communities ;
“relevant benefits” means benefits under —
Parts 2 to 5 and 10 of the Act,
sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit), and
sections 1(2) and 2 of the Jobseekers Act 1995 (contribution-based jobseeker’s allowance).
.
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
25th June 2007
The Department for Social Development concurs.
The Official Seal of the Department is affixed on the 19th June 2007
John O’Neill
A Senior Officer of the Department for Social Development


text:
Citation and commencement
1
This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2007 and shall come into force on 6th April 2007.
Amendments to the Civil Proceedings Fees Order 2004
2
In article 4(2)(b) of the Civil Proceedings Fees Order 2004 , for “£15,460” substitute “£16,017.”
Falconer of Thoroton,C
Date 26 February 2007
We consent,
Alan Campbell
Dave Watts
Two of the Lords Commissioners of her Majesty’s Treasury
5th March 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) (No. 2) Regulations 2007, apply in relation to England only and come into force on 31st December 2007.
Interpretation
2
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“agreed slaughterhouse staff costs” means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered -
the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers’ pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse may agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus
25% of that sum;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;
“employers’ National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;
“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official controls” means the controls performed by the Agency under Regulation 854/2004 —
at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game or as the case may be meat of wild game; and
at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as they apply in relation to animals slaughtered for human consumption there;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“operator” means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment or cutting plant;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“verification” means checking, by examination and provision of objective evidence; and
“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.
6
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of official controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.
Information
5
1
Any person shall, on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any person who —
a
without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1); or
b
in purported compliance with paragraph (1), knowingly or recklessly supplies information or evidence that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Official Controls Charges) (England) Regulations 2007 are revoked.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
28th November 2007


text:
Citation and commencement
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2007 and shall come into force on 11th April 2007.
Amendment to the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004
2
Amend the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 as follows.
3
1
Amend regulation 3C (prescribed debits and credits not brought into account) as follows.
2
In paragraph (2) —
a
in sub-paragraph (e) —
i
after “rate” where it first appears insert “currency, commodity or debt”;
ii
for “an interest rate risk” substitute “a particular risk”;
iii
for “6(5)” substitute “6(3A), (5) or (5B)”;
iv
for the words in paragraph (i) substitute “they offset, or are expected to offset, variability in cash flows attributable to the risk being hedged, and”;
b
in sub-paragraph (f) for “loan relationships with embedded derivatives” substitute “convertible securities etc : debtor relationships”.
4
1
Amend regulation 4 (prescribed debits and credits) as follows.
2
In paragraph (1) for “paragraph” substitute “paragraphs (1A) and”.
3
After paragraph (1) insert —
1A
In relation to a liability representing a loan relationship to which a company is treated as a party by section 94A(2)(a) of the Finance Act 1996 to which, immediately before the start of the first accounting period of the company beginning on or after 1st January 2005 —
a
section 92A of that Act applied, but
b
section 92A(4) of that Act did not apply,
in determining whether credits must be brought into account in accordance with section 85B(1)(b) of, or paragraph 19A(3) of Schedule 9 to, that Act regulation 12(3) of the Disregard Regulations shall be treated as not applying to the extent that the amount otherwise falling to be brought into account does not exceed the relevant amount specified in paragraph (1B).
1B
The relevant amount is an amount equal to A less B, where —
A is the amount of all debits and credits in an accounting period ending on or after 27th December 2006 and before 11th April 2007 (“the relevant period”) in respect of the loan relationship save for —
a
debits in relation to interest accruing in respect of the debtor relationship,
b
credits and debits in respect of discounts, premiums, fees and other incidental costs to the extent that these amounts are not within 92A(3) of the Finance Act 1996 , and
c
debits and credits in respect of exchange gains and losses,
without regard to the amounts given by the effective interest method; and
B is the amount of debits in the relevant period in respect of the loan relationship to the extent that they are within section 92A(3) of the Finance Act 1996.
.
4
In paragraph (5) for “paragraph (4)” substitute “this regulation”.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Companies (Political Expenditure Exemption) Order 2007 and shall come into force —
a
for the purposes of its application to Great Britain, on 1st October 2007;
b
for the purposes of its application to Northern Ireland, on 1st November 2007.
2
In this Order, “news material” means material relating to —
a
news,
b
public and political affairs,
c
public and political events, or
d
views, opinion or comment on such news, affairs or events.
Exemption from authorisation
2
Political expenditure is exempt from the need for authorisation under Part 14 of the Companies Act 2006 if it is —
a
political expenditure to which article 3 applies, and
b
incurred by a company to which article 4 applies.
Description of political expenditure
3
1
This article applies to political expenditure incurred in respect of the preparation, publication or dissemination of news material, where that material contains matter which would render that preparation, publication or dissemination on the part of the company an activity on the part of the company that is capable of being reasonably regarded as intended —
a
to affect public support for a political party or other political organisation, or an independent election candidate, or
b
to influence voters in relation to any national or regional referendum held under the law of a member State.
2
Until 1st October 2008, paragraph (1)(a) has effect as if the words “or an independent election candidate” were omitted.
Description of company
4
1
This article applies to any company whose ordinary course of business includes, or is proposed to include, the publication or dissemination to the public, or any part of the public, of news material, or the preparation of such material for publication or dissemination to the public, or any part of the public.
2
For the purposes of paragraph (1), it is to be irrelevant —
a
by which means or modes the news material is to be prepared, published or disseminated; or
b
where the public, or any part of the public, to which such material is published or disseminated is located or the identity or description of the public or any part of it.
Stephen Timms
Minister of State for Competitiveness
Department for Business, Enterprise and Regulatory Reform
18th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) (Amendment) Regulations 2007 and shall come into force on 1 st December 2007.
Amendment of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003
2
1
The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 are amended as follows.
2
In regulation 2(1), omit the definition of “guarantee fund”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
17th October 2007


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 7) (England) Order 2007.
2
This Order applies in relation to England only.
Commencement
2
The following provisions of the Housing Act 2004 shall come into force on 6th April 2007 —
a
in so far as they are not already in force , sections 53, 212 to 215 and Schedule10;
b
section 266 in so far as it relates to the repeals in —
i
the London Building Acts (Amendment) Act 1939 ;
ii
the County of Merseyside Act 1980 ;
iii
the Building Act 1984 ; and
iv
the Leicestershire Act 1985 .
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th March 2007


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Ombudsman Scheme) (Consumer Credit Jurisdiction) Order 2007 and shall come into force —
a
for the purposes of article 2(a) to (f) and (i) on 8th March 2007; and
b
for all other purposes on the day sections 24 and 25 of the Consumer Credit Act 2006 come fully into force.
Types of Business
2
The Secretary of State specifies the following types of business for the purposes of section 226A(2)(e) of the Financial Services and Markets Act 2000 —
a
a consumer credit business;
b
a consumer hire business;
c
a business so far as it comprises or relates to credit brokerage;
d
a business so far as it comprises or relates to debt-adjusting;
e
a business so far as it comprises or relates to debt-counselling;
f
a business so far as it comprises or relates to debt-collecting;
g
a business so far as it comprises or relates to debt administration;
h
a business so far as it comprises or relates to the provision of credit information services;
i
a business so far as it comprises or relates to the operation of a credit reference agency.
Ian McCartney
Minister for Trade, Investment and Foreign Affairs
Department of Trade and Industry
24th January 2007
We consent
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th February 2007


text:
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 2007 and shall come into force on 17th September 2007.
2
1
The Value Added Tax Tribunals Rules 1986 are amended as follows.
2
In rule 2 (interpretation) —
a
for the definition of “appellant” substitute —
“appellant” means a person who, being entitled to do so under any enactment for the time being in force, brings an appeal to a VAT and duties tribunal;
; and
b
in the definition of “the Commissioners” for “of Customs and Excise” substitute “for Revenue and Customs”.
3
In rule 4 (time for appealing), in paragraph (3) —
a
after “under” insert “ section 7C(3)(d) of the Tobacco Products Duty Act 1979 ,”; and
b
for “or regulation 11(4) of the Export (Penalty) Regulations” substitute “regulation 11(4) of the Export (Penalty) Regulations, or regulation 4(5) of the Control of Cash (Penalties) Regulations 2007 ”.
4
In rule 20 (disclosure, inspection and production of documents), in paragraph (1A) after “Export (Penalty) Regulations” insert “ or regulation 4(5) of the Control of Cash (Penalties) Regulations 2007”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
8th August 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Breach of Conditions) (Amendment) Regulations 2007 and shall come into force on 7th January 2008.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st January 2007.
Amendments to the Real Estate Investment Trusts (Breach of Conditions) Regulations 2006
2
The Real Estate Investment Trusts (Breach of Conditions) Regulations 2006 are amended as follows.
Amendment of regulation 1
3
1
Regulation 1(citation, commencement and interpretation) is amended as follows.
2
After paragraph (1) insert —
1A
In these Regulations —
a
a reference to Part 4 is a reference to Part 4 of the Finance Act 2006,
b
a reference to a section (without more) is a reference to that section of the Finance Act 2006, and
c
a reference to a paragraph of Schedule 17 is a reference to that paragraph of Schedule 17 to the Finance Act 2006.
.
3
In paragraph (2) —
a
in the definition of “ MCT ” omit “and” at the end of paragraph (b);
b
omit “a reference (without more) to a numbered provision of the Finance Act 2006, is a reference to the provision bearing that number.”; and
c
insert the following definitions at the appropriate places —
“ JV Regulations ” means the Real Estate Investment Trusts (Joint Ventures) Regulations 2006 ;
;
“ JVG Regulations ” means the Real Estate Investment Trusts (Joint Venture Groups) Regulations 2007 ;
;
“specified accounting period” means the accounting period referred to in regulation 7(1)(a);
;
“ UK property rental business” means the property rental business of a UK resident company or the property rental business in the United Kingdom of a company which is not a UK resident company; and
; and
“UK resident company” means a company which is resident in the United Kingdom, and is not resident in another place in accordance with the law of that place relating to taxation.
.
4
In paragraph (3) after “6,” insert “7, 7A, 7B,”.
Amendment of regulation 2
4
For the heading to regulation 2 (Breach of conditions for company — take-overs) substitute “Breach of conditions for company — take-overs and demergers”.
Substitution of regulation 7
5
For regulation 7 (breach of balance of business conditions) substitute —
Initial breach of Condition 2 in section 108(3)
7
1
This regulation applies to a company if —
a
the company gives a notice under section 109 specifying an accounting period from the beginning of which Part 4 is to apply to the company (the “specified accounting period”), and
b
at the beginning of the specified accounting period, the company is in breach of Condition 2 in section 108(3).
2
Part 4 shall apply to the company from the beginning of the specified accounting period if, at the beginning of the following accounting period, the company satisfies the requirements of Condition 2 in section 108(3).
3
If paragraph (2) applies, the company’s breach of Condition 2 in section 108(3) at the beginning of the specified accounting period shall not be taken into account for the purposes of paragraphs (4) and (5) of regulation 7B.
4
Part 4 ceases to apply if —
a
the company does not satisfy the requirements of Condition 2 in section 108(3) at the beginning of the following accounting period, and
b
the Commissioners think, for the purposes of section 129(2)(c), that a breach of that requirement is so serious that Part 4 should cease to apply to the company.
5
For the purposes of paragraph (4), section 129 shall be modified by substituting for subsection (5) —
5
Where a notice is given to a company in respect of an event occurring during the accounting period specified in the company’s section 109 notice, this Part shall be taken to have ceased to apply to the company on the first day of that accounting period.
.
Tax charge for specified accounting period
7A
1
This regulation applies if regulation 7(1) and (2) apply.
2
A company to which this regulation applies shall be chargeable to corporation tax under Case VI of Schedule D on an amount of notional income calculated in accordance with this regulation.
3
The notional income shall be treated as arising at the end of the specified accounting period —
a
to C (residual), or
b
to the company as a member of G (residual).
4
The notional income is —
(
Market Value of Assets
Tax Rate
) × 2 % − Entry Charge Notional Income
5
In paragraph (4) —
“Market Value of Assets” means —
the aggregate market value of assets involved in the UK property rental business of C (tax exempt), or
if the company is a member of a group to which Part 4 applies, the aggregate market value of assets involved in the UK property rental business of G (property rental business),
together with —
if the company is a venturing company or the principal company of a venturing group to which the JV Regulations apply, the value representing the proportion of the beneficial interest which that company has in the aggregate market value of the assets of the UK property rental business of the joint venture company, or
if the company is a venturing company or the principal company of a venturing group to which the JVG Regulations apply, the value representing the proportion of the beneficial interest which that company has in the aggregate market value of the assets of the UK property rental business of JVG (property rental business),
and for the purposes of this definition, the market value of assets is to be determined as at the end of the specified accounting period (ignoring any asset of negative market value);
“Tax Rate” means —
the percentage rate at which C (residual) is chargeable to tax on profits, or
the percentage rate at which the company, as a member of G (residual), is chargeable to tax on profits; and
“Entry Charge Notional Income” means —
the notional income calculated in accordance with section 112(3) which is chargeable on the company, or
the notional income calculated in accordance with section 112(3) as modified by paragraph 11(1)(c) of Schedule 17 which is chargeable on the members of the group,
together with —
if the company is a venturing company or the principal company of a venturing group to which the JV Regulations apply, the notional income calculated in accordance with section 112(3) as modified by regulation 7(3) or 13(4) of the JV Regulations, which is chargeable on the joint venture company, or
if the company is a venturing company or the principal company of a venturing group to which the JVG Regulations apply, the notional income calculated in accordance with section 112(3) as modified by the JVG Regulations, which is chargeable on the members of the joint venture group.
6
If the company holds an asset at the beginning of the specified accounting period but disposes of that asset during that accounting period, the Entry Charge Notional Income shall be reduced by an amount calculated as follows —
(
Asset Market Value
Aggregate Market Value
) × Entry Charge Notional Income
7
In paragraph (6) —
“Asset Market Value” means the market value of the asset at the beginning of the specified accounting period;
“Aggregate Market Value” means the aggregate market value of assets treated as sold and reacquired under section 111(2), or section 111(2) as modified by paragraph 9(2) of Schedule 17, (ignoring any asset of negative market value); and
“Entry Charge Notional Income” has the same meaning as in paragraph (4).
8
No loss, deficit, expense or allowance may be set off against notional income or tax arising under this regulation.
Breach of balance of business conditions
7B
1
This regulation applies to a company if —
a
Part 4 applies to the company, and
b
the company does not satisfy the requirements of Condition 1 in section 108(2) or Condition 2 in section 108(3) in respect of any accounting period subsequent to the specified accounting period.
2
If the company does not satisfy the requirements of Condition 1 in section 108(2), but the profits arising from the tax-exempt business referred to in that condition are not less than 50% of the company’s total profits for that accounting period, Part 4 shall continue to apply to the company.
3
If the company does not satisfy the requirements of Condition 2 in section 108(3), but the value of the assets involved in the tax-exempt business referred to in that condition has not fallen below 50% of the total value of assets held by the company, Part 4 shall continue to apply to the company.
4
But, if the company does not satisfy the requirements of Condition 1 in section 108(2) or Condition 2 in section 108(3) in any three consecutive accounting periods, the breach is not to be considered as minor and the company may not rely upon this regulation for the purposes of section 129(2)(a).
5
Subject to paragraph (4), if a breach of Condition 1 in section 108(2) or Condition 2 in section 108(3) lasts for more than one, but not more than two, consecutive accounting periods, it constitutes only one breach for the purposes of paragraph (7).
6
The specified accounting period is not to be taken into account in reckoning the consecutive accounting periods mentioned in paragraph (4) and in paragraph (5).
7
For the purposes of section 129(2)(a) —
a
the specified number of occasions on which the company can rely on this regulation is —
i
two in respect of a breach of Condition 1 in section 108(2), and
ii
two in respect of a breach of Condition 2 in section 108(3); and
b
the specified period is the ten year period beginning on the day on which the company first failed to satisfy Condition 1 in section 108(2) or Condition 2 in section 108(3) and ending immediately before the tenth anniversary of that day; and
c
for the purposes of paragraph (b), the company shall be treated as having first failed to satisfy Condition 1 in section 108(2) on the last day of the accounting period in which its profits are assessed for the purposes of that condition.
.
Amendment of regulation 8
6
In regulation 8 (multiple breaches of separate conditions) for paragraph (2) substitute —
2
For the purposes of section 129(2)(a), the specified number of occasions on which the company can rely on regulation 2, 3, 5 or 7B of these Regulations is four.
3
In reckoning the number of breaches of sections 106 to 108 the following are not to be taken into account —
a
breaches of Condition 3 in section 106(5) or Condition 4 in section 106(6) in consequence of a company to which Part 4 applies becoming part of a group (or of another group) to which Part 4 applies;
b
breaches of Condition 3 in section 106(5) or Condition 4 in section 106(6) in respect of which a company has relied upon section 109(3), (4) and (5);
c
breaches of Condition 1 in section 108(2) in the specified accounting period; and
d
breaches of Condition 2 in section 108(3) at the beginning of the specified accounting period.
4
For the purposes of section 129(2)(a) the specified period is the ten year period beginning on the day on which the company first failed to satisfy any of the conditions set out in section 106(5) or (6), 107 or 108 and ending immediately before the tenth anniversary of that day.
5
For the purposes of paragraph (4), the company shall be treated as having first failed to satisfy Condition 1 in section 108(2) on the last day of the accounting period in which its profits are assessed for the purposes of that condition.
6
Any breach of Condition 1 in section 108(2) in the specified accounting period, or any breach of Condition 2 in section 108(3) at the beginning of the specified accounting period, shall be disregarded in determining the day on which the ten year period begins.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners for Her Majesty’s Treasury
17th December 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Independent School Standards) (England) (Amendment) Regulations 2007 and come into force on 1st May 2007.
2
These Regulations apply only in relation to England.
3
In these Regulations, “the principal Regulations ” means the Education (Independent School Standards) (England) Regulations 2003 .
Amendments
2
The principal Regulations are amended in accordance with regulations 3, 4, 5 and subject to regulation 6.
3
In regulation 3 omit paragraph (c).
4
1
Regulation 4 (interpretation) is renumbered as paragraph (1) of that regulation.
2
In regulation 4(1) as so renumbered —
a
for the definition of “staff” substitute the following definition —
“staff” means any person working at the school whether under a contract of employment, under a contract for services or otherwise than under a contract and includes a person working as a volunteer but does not include “supply staff”;
;
b
insert the following definitions in the appropriate place in alphabetical order —
“children’s suitability statement” has the meaning given by section 113C of the Police Act 1997 ;
;
“employment business” has the meaning given in section 13(3) of the Employment Agencies Act 1973 and includes a local authority and a person carrying on an employment business;
“enhanced criminal record certificate” has the meaning given by section 113B of the Police Act 1997;
; and
“supply staff” means any person working at the school supplied by an employment business.
.
3
After regulation 4(1) as so renumbered insert―
2
For the purposes of these Regulations an “enhanced criminal record check” is made if―
a
an application for an enhanced criminal record certificate is made under Part V of the Police Act 1997 and the application for the certificate is accompanied by a children’s suitability statement; and
b
the application is countersigned by a registered person (within the meaning of section 120 of the Police Act 1997 ) or an application is countersigned on his behalf, and (in either case) the application is submitted in accordance with Part V of that Act.
3
In these Regulations, the “National Minimum Standards for Boarding Schools” and the “National Minimum Standards for Residential Special Schools” mean the standards published respectively under those titles in March 2002 by the Secretary of State for Health under section 23(1) of the Care Standards Act 2000 .
5
Subject to regulation 6, for paragraph 4 (suitability of proprietors and staff) of the Schedule substitute the following —
Suitability of staff, supply staff and proprietors
4
1
This paragraph applies to the appointment of a member of staff at an independent school, other than a proprietor and supply staff.
2
The suitability of a member of staff appointed to a position at the school meets the standard if ―
a
the proprietor carries out appropriate checks to confirm in respect of each such person —
i
his identity;
ii
his medical fitness;
iii
his right to work in the United Kingdom;
iv
his previous employment history;
v
his character references;
vi
where appropriate, his professional references; and
vii
where appropriate, his qualifications;
b
an enhanced criminal record check is made by the proprietor in respect of any such person and the enhanced criminal record certificate which is the subject of the application is obtained before or as soon as practicable after his appointment;
c
in the case of any person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish his suitability to work in a school, such further checks are made as the proprietor considers appropriate, having regard to any guidance issued by the Secretary of State;
d
no such person carries out work, or intends to carry out work, at the school in contravention of any direction made under section 142 of the 2002 Act or any disqualification, prohibition or restriction which takes effect as if contained in such a direction; and
e
in the case of staff who care for, train, supervise or are in charge of children for whom accommodation is provided, in addition to the requirements of paragraphs (a) to (d), a check is made by the proprietor that Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools is complied with.
3
The checks referred to in sub-paragraphs (2)(a) and, subject to sub-paragraph (4), (2)(c) shall be completed before a person’s appointment.
4
The checks specified in sub-paragraphs (2)(b), (2)(c) and (2)(e) do not need to be carried out where the new member of staff has worked in —
a
a school in England in a position which brought him regularly into contact with children or young persons;
b
a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
c
an institution within the further education sector in England in a position which involved the provision of education or which brought him regularly into contact with children or young persons;
during a period which ended not more than three months before his appointment.
4A
1
This paragraph applies to the appointment of supply staff at an independent school.
2
The suitability of supply staff at the school meets the standard if the following requirements are satisfied.
3
No person supplied by an employment business to the school may begin work at the school unless the proprietor has received —
a
written notification from the employment business in relation to that person —
i
that the checks referred to in paragraph 4C(4)(a)(i) have been made;
ii
that an enhanced criminal record check has been made, or an enhanced criminal record certificate has been obtained in response to an enhanced criminal record check by that or another employment business;
iii
whether, if the employment business has obtained such a certificate before the person is due to begin work at the school, it disclosed any matter or information, or any information was supplied to the employment business, in accordance with section 113B(6) of the Police Act 1997 ; and
b
where the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the school, and it discloses any matter or information, or any information was provided to the employment business in accordance with section 113B(6) of the Police Act 1997, a copy of the certificate.
4
Except in the case of a person to whom sub-paragraph (5) applies the certificate referred to in sub-paragraph (3)(a)(ii) shall have been obtained not more than three months before the date on which the person is due to begin work at the school.
5
This sub-paragraph applies to a person who has worked in —
a
a school in England in a position which brought him regularly into contact with children or young persons;
b
a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
c
an institution within the further education sector in England in a position which involved the provision of education or which brought him regularly into contact with children or young persons;
during a period which ended not more than three months before the date on which he is due to begin work at the independent school.
6
Before a person offered for supply by an employment business may begin work at the school his identity shall be checked by the proprietor of the school (irrespective of any such check carried out by the employment business before the person was offered for supply).
7
The proprietor shall in the contract or other arrangements which they make with any employment business require it, in respect of any person whom the employment business supplies to the school —
a
to provide the notification referred to in sub-paragraph (3); and
b
if any enhanced criminal record certificate which the employment business obtains contains any matter or information, or if any information was supplied to the employment business in accordance with section 113B(6) of the Police Act 1997, to provide a copy of the certificate.
8
Except for those persons to whom sub-paragraph (5) applies, in the case of supply staff who care for, train, supervise or are in charge of children for whom accommodation is provided, a check is made by the proprietor that the relevant parts of Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools are complied with.
4B
1
This paragraph applies to the proprietor of an independent school.
2
The suitability of any proprietor who is an individual or the Chair of any body of persons named as the proprietor of the school in the register or in an application to enter a school in the register, meets the standard if —
a
an enhanced criminal records check, which is countersigned by the Secretary of State, is made in respect of each such person and the enhanced criminal record certificate which is the subject of the application is obtained before that person commences acting as a proprietor, in the case of an individual proprietor, or that person’s appointment in the case of a Chair;
b
the identity of any such person is checked and a check is made of his right to work in the United Kingdom; and
c
in the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such an enhanced criminal record certificate is not sufficient to establish his suitability to work in a school, such further checks as the Secretary of State considers appropriate are made.
3
The checks referred to in sub-paragraph (2) shall be completed by the Secretary of State, in the case of an individual proprietor, before that individual commences acting as such, or in the case of a Chair, before the person takes up his appointment as a Chair, for the standard to be met.
4
The suitability of any member of a body of persons named as the proprietor meets the standard if —
a
an enhanced criminal record check in respect of each such person is made and the enhanced criminal record certificate which is the subject of the application is obtained before his appointment;
b
the identity of any such person is checked and a check is made of his right to work in the United Kingdom; and
c
in the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such an enhanced criminal record certificate is not sufficient to establish his suitability to work in a school, such further checks as the Chair considers appropriate are made, having regard to any guidance issued by the Secretary of State.
5
The Chair of any such body of persons named as the proprietor is responsible for ensuring that the checks referred to in sub-paragraph (3) are completed and that a copy of the enhanced criminal records certificate is obtained before appointment.
6
The suitability of any person mentioned in sub-paragraph (2) or (4) of this paragraph meets the standard if no such person carries out work, or intends to carry out work, at the school in contravention of any direction made under section 142 of the 2002 Act or any disqualification, prohibition or restriction which takes effect as if contained in such a direction.
7
In this regulation, a reference to a Chair of a body of persons includes a reference to a similar officer.
4C
1
The proprietor shall keep a register which meets the following requirements.
2
In relation to each member of staff appointed on or after 1st May 2007, the register shall show whether —
a
his identity was checked;
b
a check was made to establish whether he is subject to any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction;
c
checks were undertaken to ensure, where appropriate, that he had the relevant qualifications;
d
an enhanced criminal record certificate was obtained in respect of him;
e
checks were made pursuant to paragraph 4(2)(c);
f
a check of his right to work in the United Kingdom was made; and
g
checks were made pursuant to paragraph 4(2)(e),
and the register shall include the date on which each such check was completed or the certificate obtained.
3
In relation to each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register shall show whether each check referred to in sub-paragraph (2) of this paragraph was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.
4
In relation to supply staff, the register shall show whether —
a
written notification has been received from the employment business that —
i
it has made checks corresponding to those which sub-paragraphs (2)(a) to (c), (e) and (f) of this paragraph requires to be recorded in relation to staff at a school;
ii
it or another employment business has made an enhanced criminal record check; and
iii
it has obtained an enhanced criminal record certificate in response to an enhanced criminal record check made by that or another employment business;
together with the date the written notification that each such check was made, or certificate obtained, was received; and
b
a check has been made in accordance with paragraph 4A(8) together with the date the check was completed.
5
Where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to paragraph 4A(7) that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6) of the Police Act 1997, the register shall also show whether the employment business supplied a copy of the certificate to the school.
6
In relation to each member of a body of persons named as the proprietor appointed on or after 1st May 2007, the register shall show whether —
a
a check was made of his identity and his right to work in the United Kingdom; and
b
checks were made pursuant to paragraphs 4B(4)(a) and (c),
and the register shall include the date on which each such check was completed and the certificate obtained.
7
In relation to each member of a body of persons named as the proprietor in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register shall show whether each check referred to in sub-paragraph (6) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.
8
It is immaterial for the purposes of sub-paragraphs (2), (3), (4), (6) and (7) whether the check was made or certificate obtained pursuant to a legal obligation.
9
The register required to be kept pursuant to this paragraph may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
.
Savings
6
1
Subject to paragraphs (2) and (3), the amendments made by these Regulations do not affect the suitability of any staff, supply staff or proprietor appointed before 1st May 2007, and accordingly paragraph 4 of the Schedule to the principal Regulations, as it had effect immediately before these Regulations came into force, continues to have effect in relation to the persons to whom it applied before that date.
2
Notwithstanding paragraph (1), the provisions of paragraphs 4C(3), (4), (5) and (7) of the Schedule to the principal Regulations, as amended by these regulations, have effect in relation to any staff, supply staff or proprietor appointed before 1st May 2007.
3
In the case of any staff, supply staff or proprietor appointed before 1st May 2007, nothing in paragraph (1) shall prevent the amendments made by these Regulations applying in relation to those persons when taking up subsequent appointments.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
28th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Environmental Noise (Identification of Noise Sources) (England) Regulations 2007 and come into force on 19th March 2007.
2
These Regulations apply in England.
Interpretation
2
1
Words and terms used in these Regulations that are also used in the Environmental Noise (England) Regulations 2006 have the same meaning as in those Regulations.
2
“Deposited map” means a map that is —
a
signed on behalf of the Secretary of State for Environment, Food and Rural Affairs; and
b
deposited at the offices of the Department for Environment, Food and Rural Affairs.
First round agglomerations
3
First round agglomerations are identified in the deposited maps referred to in the second column of the table in Schedule 1.
First round major roads
4
First round major roads are identified in the deposited maps referred to in the second column of the table in Schedule 2.
First round major railways
5
First round major railways are identified in the deposited maps referred to in the second column of the table in Schedule 3.
Major airports
6
Major airports are identified in the table in Schedule 4.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
13th February 2007