text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.2) Regulations 2008.
2
Subject to paragraph (3), these Regulations shall come into force on 19th May 2008.
3
Regulations 3(12)(h) and 5(12)(d) shall come into force on 27th October 2008.
4
In these Regulations —
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (State Pension Credit) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (State Pension Credit) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ; and
“the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations ” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .
Amendments to the Decisions and Appeals Regulations
2
Regulation 7 of the Decisions and Appeals Regulations shall be amended as follows —
a
in sub-paragraph (2)(bc) (date from which a decision superseded under section 10 takes effect), for “sub-paragraph (bd)” substitute “paragraph (2A)”;
b
omit sub-paragraph (2)(bd) (date from which a decision superseded under section 10 takes effect); and
c
after paragraph (2) (date from which a decision superseded under section 10 takes effect), insert —
2A
Paragraph (2)(bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer’s allowance.
Amendments to the Housing Benefit Regulations
3
1
The Housing Benefit Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “concessionary payment”, omit “or the Child Benefit Act 1975”; and
b
omit the definition of “person on state pension credit”.
3
In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) —
a
for “Part 3”, substitute “Part 8”; and
b
omit “9,10,11,”.
4
In regulation 28 (treatment of child care charges) —
a
for paragraph (11)(a), substitute “the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity;”;
b
in paragraph (11)(b), omit “or a higher pensioner premium”; and
c
in paragraph (11)(g), for “Department of Health and Social Services for Northern Ireland”, substitute “Department of Health, Social Services and Public Safety in Northern Ireland”.
5
In regulation 42 (notional income), omit paragraphs (3) to (5).
6
In regulation 53(1) (students – interpretation) —
a
in the definition of “grant” for “paragraph 54”, substitute “paragraph 51”;
b
for the definition of “sandwich course” substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008 , regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007 , as the case may be;
; and
c
in the definition of “student loan” for “Students’ Allowances (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007 ”.
7
In regulation 56 (full-time students to be treated as not liable to make payments in respect of a dwelling) —
a
in sub-paragraph (2)(c) omit “pensioner premium for persons under 75 or, as the case may be, persons 75 or over, higher pensioner premium,”;
b
for sub-paragraph (2)(i)(ii), substitute —
ii
an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority Bursaries (Scotland) Regulations 2007 , in respect of expenses incurred; or
;
c
in sub-paragraph (2)(i)(iv) for “regulation 13 of the Education (Student Support) Regulations 2005”, substitute “regulation 37 of the Education (Student Support) Regulations 2008”, and for “regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000”, substitute “regulation 39 of the Education (Student Support) Regulations (Northern Ireland) 2007”;
d
in sub-paragraph (2)(i)(v) for “Student Awards Regulations (Northern Ireland) 1999”, substitute “Students Awards Regulations (Northern Ireland) 2003 ”; and
e
in paragraph (4), omit “refers”.
8
In regulation 63(2) (other amounts to be disregarded) for “Students’ Allowance (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007”.
9
In regulation 88(3)(d) (duty to notify changes of circumstances), after “income support” where it first occurs, insert “or income-based jobseeker’s allowance”.
10
In Schedule 3 (applicable amounts) —
a
in paragraph 3(3)(a) and (b), for “sub-paragraph (a) of this paragraph”, substitute “sub-paragraph (1)(a)”;
b
in paragraph 3(4)(e), omit “9, 10, 11 or”;
c
for paragraph 6, substitute —
6
- The following premiums, namely —
a
a severe disability premium to which paragraph 14 applies;
b
an enhanced disability premium to which paragraph 15 applies;
c
a disabled child premium to which paragraph 16 applies; and
d
a carer premium to which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
;
d
omit paragraphs 9, 10 and 11;
e
in paragraph 13 omit from the heading “Higher Pensioner and Disability Premiums” and substitute “Disability Premium”;
f
in paragraph 13(3), omit “the higher pensioner premium or”;
g
omit paragraph 13(4);
h
in paragraph 13(8) for “within the meaning of paragraph 11(5)”, substitute “(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)”; and
i
in paragraph 20, omit sub-paragraphs (2), (3) and (4).
11
In Schedule 4 (sums to be disregarded in the calculation of earnings) —
a
for paragraph 3(3)(a), substitute “the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3; and”;
b
omit paragraph 3(4) and (5);
c
in paragraph 9 —
i
for “one of more employments”, substitute “one or more employments”; and
ii
for “paragraph 6”, substitute “paragraph 8”;
d
in paragraph 17(2)(b)(iv)(aa) omit “a higher pensioner premium or”, “11 or” and “respectively”;
e
in paragraph 17(2)(b)(iv)(bb) omit “higher pensioner premium or”; and
f
in paragraph 17(3)(b) for “regulation 28(1)(c)”, substitute “regulation 27(1)(c)”.
12
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 15(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;
b
omit paragraph 18;
c
in paragraph 25(1)(a) before “with a scheme”, insert “in accordance”;
d
in paragraph 44(1)(a) for “or 12” substitute “or 11” and after “Regulations”, insert “2003”;
e
in paragraph 44(1)(b) for “3, 5 and 8” substitute “5, 6 and 10” and for “National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988” substitute “National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007”;
f
in paragraph 44(1)(c) for “or 8” substitute “or 11” and after “(Scotland)” insert “( No. 2)”;
g
in paragraph 45 omit “8,”; and
h
for paragraph 47, substitute —
47
1
Where a claimant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.
2
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
A payment made by the Secretary of State in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
47A
1
Any payment of child maintenance which is made by the parent of the child or young person except where the person making the payment is the claimant or the claimant’s partner.
2
In this paragraph, “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made through or under —
a
the Child Support Act 1991;
b
the Child Support (Northern Ireland) Order 1991;
c
a court order (including a consent order);
d
a minute of agreement as registered for execution in the Books of Council and Session or the sheriff court books;
and for this purpose a “young person” is a person referred to in regulation 19 (persons of a prescribed description).
3
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
4
A payment made by the Secretary of State in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
.
13
In Schedule 6 (capital to be disregarded) —
a
in paragraph 16 for “paragraph 11 of Schedule 4”, substitute “paragraph 13 of Schedule 4”;
b
in paragraph 40(1)(a) for “or 12” substitute “or 11” and after “Regulations”, insert “2003”;
c
in paragraph 40(1)(b) for “3, 5 or 8” substitute “5, 6 or 10” and for “National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988” substitute “National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007”;
d
in paragraph 40 (1)(c) for “or 8” substitute “or 11”, and after “(Scotland)” insert “(No. 2)”;
e
in paragraph 41 omit “8,”;
f
in paragraph 43 after “Disabled Persons (Employment) Act 1944” omit “or”; and
g
in paragraph 55(1)(b) for “time”, substitute “date”.
Amendments to the Housing Benefit (State Pension Credit) Regulations
4
1
The Housing Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “concessionary payment”, for “or the Social Security Act 1975” substitute “are charged”.
b
omit the definition of “the former regulations”;
c
for the definition of “sandwich course”, substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, as the case may be;
.
3
In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) for “Part 3”, substitute “Part 8”.
4
In regulation 22(5) (applicable amounts) for “Schedule 2A”, substitute “Schedule 3”.
5
In regulation 31(11)(f) (treatment of child care charges), for “sub-paragraph (c) or (d)”, substitute “sub-paragraph (d) or (e)”.
6
In regulation 67(4)(a)(ii) (evidence and information) for “London Bombings Charitable Relief Fund”, substitute “London Bombings Relief Charitable Fund”.
7
In regulation 83(4) (method of recovery) for “paragraphs 3 to 8”, substitute “paragraphs 2 to 5 and 7”.
8
In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) —
a
for paragraph 1(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;
b
in paragraph 12(4) for “ordinary clothing and footwear”, substitute “ordinary clothing or footwear”.
9
In paragraph 22(2)(c) of Schedule 6 (capital to be disregarded generally) for “Schedule 5”, substitute “Schedule 6”.
10
In paragraph 9(1)(e) of Schedule 8 (matters to be included in decision notice) for “rate rebate”, substitute “rent rebate”.
Amendments to the Council Tax Benefit Regulations
5
1
The Council Tax Benefit Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “person on state pension credit”.
3
In regulation 18 (treatment of child care charges) —
a
for paragraph (11)(a) substitute “the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity”;
b
in paragraph (11)(b), omit “or a higher pensioner premium”; and
c
in paragraph (11)(g), for “Department of Health and Social Services for Northern Ireland”, substitute “Department of Health, Social Services and Public Safety in Northern Ireland”.
4
In regulation 32 (notional income), omit paragraphs (3) to (5).
5
In regulation 43 (students – interpretation) —
a
for the definition of “sandwich course” substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007 , as the case may be;
; and
b
in the definition of “student loan” for “Students’ Allowances (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007 ”.
6
In regulation 50(2) (other amounts to be disregarded) for “Students’ Allowance (Scotland) Regulations 1999”, substitute “Students’ Allowances (Scotland) Regulations 2007”.
7
In regulation 70 (date of claim where claim sent or delivered to a gateway office) in sub-paragraph (1)(a)(ii) and sub-paragraph (1)(c)(iii) for “4 weeks”, substitute “one month”.
8
In regulation 71(1) (date of claim where claim sent or delivered to an office of a designated authority) for “4 weeks”, substitute “one month”.
9
In regulation 72(1) (evidence and information) for “4 weeks”, substitute “one month”.
10
In Schedule 1 (applicable amounts) —
a
in paragraph 3(4)(e), omit “9, 10, 11 or”;
b
for paragraph 6, substitute —
6
-The following premiums, namely —
a
a severe disability premium to which paragraph 14 applies;
b
an enhanced disability premium to which paragraph 15 applies;
c
a disabled child premium to which paragraph 16 applies; and
d
a carer premium to which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
;
c
omit paragraphs 9, 10 and 11;
d
in paragraph 13 omit from the heading “Higher Pensioner and Disability Premiums” and substitute “Disability Premium”;
e
in paragraph 13(3), omit “the higher pensioner premium or”;
f
omit paragraph 13(4);
g
in paragraph 13(9) for “within the meaning of paragraph 11(5)”, substitute “(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)”; and
h
in paragraph 20 —
i
omit sub-paragraphs (2), (3) and (4); and
ii
in sub-paragraph (5)(a), omit “or (b)”.
11
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
for paragraph 3(3)(a) substitute “the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 1; and”;
b
omit paragraph 3(4) and (5);
c
in paragraph 9 for “one of more employments”, substitute “one or more employments”;
d
in paragraph 16(2)(b)(iv)(aa) omit “a higher pensioner premium or”, “11 or” and “respectively”;
e
in paragraph 16(2)(b)(iv)(bb) omit “higher pensioner premium or”.
12
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 16(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;
b
in paragraph 45 —
i
for sub-paragraph (1)(a), substitute —
a
as respects England, under regulation 5, 6 or 11 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
;
ii
for sub-paragraph (1)(b), substitute —
b
as respects Wales, under regulation 5, 6 or 10 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
; and
iii
after sub-paragraph (1)(b), insert —
c
as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No.2) Regulations 2003 (travelling expenses and health service supplies);
;
c
in paragraph 46 omit “8,”;
d
for paragraph 48, substitute —
48
1
Where a claimant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.
2
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
A payment made by the Secretary of State in lieu of maintenance shall, for the purpose of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
48A
1
Any payment of child maintenance which is made by the parent of the child except where the person making the payment is the claimant or the claimant’s partner.
2
In this paragraph, “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made through or under —
a
the Child Support Act 1991;
b
the Child Support (Northern Ireland) Order 1991;
c
a court order (including a consent order);
d
a minute of agreement as registered for execution in the Books of Council Session or the sheriff court books,
and for this purpose a “young person” is a person referred to in regulation 9 (persons of a prescribed description for the definition of family in section 137(1) of the Act).
3
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
4
A payment made by the Secretary of State in lieu of maintenance shall, for the purpose of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
; and
e
omit paragraph 64.
13
In Schedule 5 (capital to be disregarded) —
a
in paragraph 40(1)(a) for “or 12” substitute “or 11” and after “Regulations”, insert “2003”;
b
in paragraph 40(1)(b) for “3, 5 or 8” substitute “5, 6 or 10” and for “National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988” substitute “National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007”;
c
in paragraph 40 (1)(c) for “or 8” substitute “or 11”, and after “(Scotland)” insert “(No. 2)”;
d
in paragraph 41 omit “8,”;
e
in paragraph 43 after “Disabled Persons (Employment) Act 1944” omit “or”; and
f
in paragraph 57(1)(b) for “time”, substitute “date”.
Amendments to the Council Tax Benefit (State Pension Credit) Regulations
6
1
The Council Tax Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 2 (interpretation) for the definition of “sandwich course”, substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans)(Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, as the case may be;
.
3
In regulation 21(11)(f) (treatment of child care charges) for “sub-paragraph (c) or (d)”, substitute “sub-paragraph (d) or (e)”.
4
After regulation 53(12) (time and manner in which claims are to be made) insert —
12A
Paragraph (12) applies in the case of a person who has attained, or whose partner has attained, the age of 59 years and 35 weeks.
.
5
In Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) —
a
for paragraph 1(b), substitute “a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner;”;
b
in paragraph 12(2)(a) and (4) for “ordinary clothing and footwear”, substitute “ordinary clothing or footwear”; and
c
after paragraph 24, insert —
25
Where the claimant, or the person who was the partner of the claimant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No 3) Regulations 1999 as in force at that date, the whole of his income.
.
6
After paragraph 26 of Schedule 4 (capital to be disregarded), insert —
26A
1
Subject to sub-paragraph (2), where a claimant satisfies the conditions in section 131(3) and (6) of the Act (entitlement to alternative maximum council tax benefit), the whole of his capital.
2
Sub-paragraph (1) does not apply, where in addition to satisfying the conditions in section 131(3) and (6) of the Act the claimant also satisfies the conditions in section 131(4) and (5) of the Act (entitlement to the maximum council tax benefit).
.
Amendments to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations
7
1
The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations shall be amended as follows.
2
In paragraph 3(1) of Schedule 3 (transitional and savings provisions) for “paragraph 13(1)(a)(ii) of Schedule 2 to the 1987 Regulations”, substitute “paragraph 12(1)(a)(ii) of Schedule 2 to the 1987 Regulations”.
3
In paragraph 5(2) of Schedule 3 (transitional and savings provisions), in the paragraph inserted as paragraph (4)(b) of regulation 13 of both of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, for that paragraph (4)(b) substitute —
b
is incapable of work for the purpose of Part 12A of the Act; or
4
In paragraph 9(3)(a)(ii) of Schedule 3 (transitional and savings provisions – care homes), in the paragraph inserted as paragraph (1A)(b) of regulation 9 of the Housing Benefit (State Pension Credit) Regulations for “regulation 83(4)”, substitute “regulation 64(5)”.
5
In paragraph 3(4) of Schedule 4 (transitory modifications), in the paragraph inserted as paragraph 37 of Schedule 4 to the Council Tax Benefit Regulations for “regulation 11A”, substitute “regulation 10A”.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State
Department for Work and Pensions
7th April 2008


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2008 and come into force on 8th February 2008.
Amendment
2
1
Paragraph 7 of the Schedule to the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 is amended as follows.
2
In sub-paragraph (1), for “eligible hectare”, substitute “agricultural land”.
3
For sub-paragraph (1)(b), substitute —
b
must —
i
establish a green cover through seeding or natural regeneration as soon as practicable on or after 1st March following the date the land ceased to be in agricultural production, unless he can prove that he intends to bring the land back into agricultural production before the following 15th May; and
ii
maintain that green cover until the land is brought back into agricultural production;.
4
After sub-paragraph (2)(c), insert —
cc
Sub-paragraph (1)(b) does not apply to any area of the land on which soil dredged from a watercourse or field ditch on the land has been spread unless that area is subject to the requirements of paragraph 10(1);
.
5
For sub-paragraph (3), substitute —
3
For the purposes of this regulation, land ceases to be used for agricultural production from the day after the day —
a
harvest on the land was completed;
b
the land otherwise ceased to be used for agricultural production; or
c
the land ceased to be set aside pursuant to Article 54 of the Council Regulation.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2008


text:
Citation and commencement
1
1
This Order may be cited as the Value Added Tax (Finance) (No. 2) Order 2008.
2
This Order shall come into force as follows —
a
article 2 on 30th September 2008; and
b
the remainder on 1st October 2008.
Revocation of Order
2
The Value Added Tax (Finance) Order 2008 is revoked.
Variation to Group 5 of Schedule 9 to the Value Added Tax Act 1994
3
1
Group 5 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: finance) is varied as follows.
2
For item 9 substitute —
9
The management of —
a
an authorised open-ended investment company; or
b
an authorised unit trust scheme; or
c
a Gibraltar collective investment scheme that is not an umbrella scheme; or
d
a sub-fund of any other Gibraltar collective investment scheme; or
e
an individually recognised overseas scheme that is not an umbrella scheme; or
f
a sub-fund of any other individually recognised overseas scheme; or
g
a recognised collective investment scheme authorised in a designated country or territory that is not an umbrella scheme; or
h
a sub-fund of any other recognised collective investment scheme authorised in a designated country or territory; or
i
a recognised collective investment scheme constituted in another EEA state that is not an umbrella scheme; or
j
a sub-fund of any other recognised collective investment scheme constituted in another EEA state.
.
3
For item 10 substitute —
10
The management of a closed-ended collective investment undertaking.
.
4
For Note (6) substitute —
6
For the purposes of this Group —
“authorised open-ended investment company” and “authorised unit trust scheme” have the meaning given in section 237(3) of the Financial Services and Markets Act 2000 ;
“closed-ended collective investment undertaking” means an undertaking in relation to which the following conditions are satisfied —
its sole object is the investment of capital, raised from the public, wholly or mainly in securities; and
it manages its assets on the principle of spreading investment risk; and
all of its ordinary shares (of each class if there is more than one) or equivalent units are included in the official list maintained by the Financial Services Authority pursuant to section 74(1) of the Financial Services and Markets Act 2000; and
all of its ordinary shares (of each class if there is more than one) or equivalent units are admitted to trading on a regulated market situated or operating in the United Kingdom;
“collective investment scheme” has the meaning given in section 235 of the Financial Services and Markets Act 2000;
“Gibraltar collective investment scheme” means —
a collective investment scheme to which section 264 of the Financial Services and Markets Act 2000 applies pursuant to an order made under section 409(1)(d) of that Act; or
a collective investment scheme to which the Financial Services and Markets Act 2000 applies pursuant to an order made under section 409(1)(f) of that Act;
“individually recognised overseas scheme” means a collective investment scheme declared by the Financial Services Authority to be a recognised scheme pursuant to section 272 of the Financial Services and Markets Act 2000;
“recognised collective investment scheme authorised in a designated country or territory” means a collective investment scheme recognised pursuant to section 270 of the Financial Services and Markets Act 2000;
“recognised collective investment scheme constituted in another EEA state” means a collective investment scheme which is recognised pursuant to section 264 of the Financial Services and Markets Act 2000;
“regulated market” has the meaning given in section 103(1) of the Financial Services and Markets Act 2000 ;
“sub-fund” means a separate part of the property of an umbrella scheme that is pooled separately;
“umbrella scheme” means a collective investment scheme under which the contributions of the participants in the scheme and the profits or income out of which payments are to be made to them are pooled separately in relation to separate parts of the scheme property.
.
5
After Note (6) insert —
6A
A collective investment scheme, or sub-fund, that is not for the time being marketed in the United Kingdom is to be treated as not falling within item 9(c) to (j) if —
a
it has never been marketed in the United Kingdom, or
b
less than 5% of its shares or units are held by, or on behalf of, investors who are in the United Kingdom.
.
6
Omit Notes (8) and (10).
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th September 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2008 and shall come into force on 6th April 2008.
2
These Regulations apply in relation to England only.
Amendment of Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
2
1
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 are amended as follows.
2
In regulation 3 (classes of appeal for determination by appointed persons) —
a
in sub-paragraph (a) of paragraph 1, at the end add, “and appeals under that section as applied by section 198(3)(c) and (4) of the principal Act (appeals concerning tree preservation orders)”; and
b
at the end of paragraph (1), add —
d
appeals under section 208 of the principal Act (appeals against section 207 notices – replacement of trees);
e
appeals under paragraph 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995 (appeals against the determination of conditions to be attached to mineral permissions).
.
3
At the end of regulation 3, add —
3
Appeals under section 21 of the Planning (Hazardous Substances) Act 1990 (appeals against decisions or failure to take decisions relating to hazardous substances) are prescribed, for the purposes of paragraph 1 of the Schedule to the Planning (Hazardous Substances) Act 1990, as classes of appeals which are to be determined by a person appointed by the Secretary of State instead of by the Secretary of State.
.
4
In regulation 4 (classes of appeal reserved for determination by the Secretary of State), omit paragraph (f).
Saving
3
These Regulations do not apply to any appeal in respect of which notice of appeal was given to the Secretary of State before these Regulations come into force.
Signed by authority of the Secretary of State
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
5th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Regional Learning and Skills Councils Regulations 2008 and shall come into force on the seventh day after the day on which they are made.
Regional council membership and appointment of members
2
1
A regional council is to consist of not less than 10 and not more than 16 members appointed by the Council with the approval of the Secretary of State.
2
The Council must appoint one of the members as chairman with the approval of the Secretary of State.
3
Members of a regional council may be (but need not be) members of the Council.
Tenure of members
3
1
A person is to hold and vacate office as a member or as chairman of a regional council in accordance with the terms of his appointment.
2
On ceasing to be a member or chairman a person is eligible for re-appointment.
3
A person may at any time by notice in writing to the Council resign his office as a member.
4
A person may at any time by notice in writing to the Council resign his office as chairman.
4
1
This regulation applies if the Council is satisfied that a member of a regional council —
a
has been absent from meetings of the regional council for a period longer than 6 consecutive months without the regional council’s permission, or
b
is unable or unfit to carry out the functions of a member.
2
The Council may by notice in writing to the member remove him from office, which shall then become vacant.
3
A notice under this regulation requires the Secretary of State’s approval.
5
1
This regulation applies if the Council is satisfied that the chairman of a regional council is unable or unfit to carry out the functions of chairman.
2
The Council may by notice in writing to the chairman remove him from office as chairman, which shall then become vacant.
3
A notice under this regulation requires the Secretary of State’s approval.
Salaries, allowances etc
6
1
The Council must pay —
a
to the chairman of a regional council such salary and such travelling, subsistence and other allowances as the Secretary of State may determine, and
b
to the other members of a regional council such travelling, subsistence and other allowances as the Secretary of State may determine.
2
The Council may pay to the members of a regional council other than the chairman such salary as the Secretary of State may determine.
Staff
7
The Council may appoint such of its employees as it thinks fit to act as the staff of a regional council.
Delegation of functions
8
1
A regional council may authorise the chairman to exercise such of its functions as it may determine.
2
If the chairman is authorised to exercise a function he may authorise another member of the regional council to exercise it.
3
A regional council may authorise, with the consent of the Council, a member of its staff to exercise such of its functions as it may determine.
Proceedings
9
1
A representative of the Secretary of State is entitled to attend and take part in any deliberations (but not in decisions) at meetings of the regional council .
2
The regional council must provide the Secretary of State with such copies as he may require of any documents distributed to members of the regional council.
10
The validity of any proceedings of a regional council is not to be affected by a vacancy among the members or by any defect in the appointment of a member.
11
A regional council may regulate its own procedure.
Bill Rammell
Minister of State
Department for Innovation Universities and Skills
12th March 2008


text:
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 7 and Savings Provision) Order 2008.
2
The following provisions of the Police and Justice Act 2006 shall come into force on 14th March 2008 —
a
section 2 (amendments to the 1996 Act) in so far as it relates to the entries in Schedule 2 (amendments to the 1996 Act) referred to in sub-paragraph (b);
b
paragraphs 9 and 10 of Schedule 2;
c
section 52 (amendments and repeals) in so far as it relates to the entries in Schedule 15 (repeals and revocations) referred to in sub-paragraph (d);
d
in Part 1(B) of Schedule 15 (repeals: other repeals relating to Part 1) the entry relating to sections 6A, 7, 8 and 9 of the Police Act 1996 .
3
Nothing in the coming into force of paragraph 10 of Schedule 2 to the Police and Justice Act 2006 and the repeal of section 9 of the Police Act 1996 (annual reports by police authorities) shall affect the duties of a police authority to issue a report under that section for the financial year ending 31st March 2008.
Tony McNulty
Minister of State
Home Office
11th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2008 and shall come into force —
a
for the purposes of regulation 2(2) on 1st April 2008; and
b
for all other purposes on 6th April 2008.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
2
1
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
2
In regulation 4(4) within Table 1 (payments and benefits disregarded in the calculation of employment income) after item 3A insert —
3B
A payment designated by the Secretary of State for Defence as Council Tax Relief and made by the Secretary of State for Defence to a member of Her Majesty’s forces.
.
3
In regulation 5(1) (pension income) omit sub-paragraph (m) (payment to which section 623 of ITEPA applies) and the word “and” immediately preceding it.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
3
1
Regulation 14(2) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is amended as follows.
2
In sub-paragraph (a) —
a
in the words before paragraph (i) omit “and Wales”;
b
in (iv) omit “or”;
c
in paragraph (v) omit “or the Fostering Services (Wales) Regulations 2003” ; and
d
after paragraph (v) insert —
vi
by a child care provider approved in accordance with the Tax Credits (Approval of Child Care Providers) Scheme 2005 ;
vii
by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 ; or
viii
by a child care provider registered under the Childcare (Voluntary Registration) Regulations 2007 ;
.
3
Sub-paragraph (e) is revoked.
4
For sub-paragraph (f) substitute —
f
in Wales —
i
by persons registered under Part 10A of the Children Act 1989 ;
ii
in schools or establishments which are exempted from registration under Part 10A of the Children Act 1989 by virtue of paragraph 1 or 2 of Schedule 9A to that Act;
iii
in respect of any period on or before the last day he is treated as a child for the purposes of this regulation, where the care is provided out of school hours, by a school on school premises or by a local authority;
iv
by a child care provider approved by an accredited organisation within the meaning given by regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 1999 ;
v
by a foster parent under the Fostering Services (Wales) Regulations 2003 in relation to a child other than one whom he is fostering;
vi
by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004 ; or
vii
by a child care provider approved under the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007 .
.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
4
1
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
2
In regulation 11 (circumstances in which claims to be treated as made) for paragraph (3) substitute —
3
The claim shall be treated as made —
a
in a case where the declaration is made by 31st July next following the end of the tax year to which the claim relates, on 6th April preceding that date;
b
in a case where the declaration, not having been made by 31st July next following the end of the tax year to which the claim relates, is made within 30 days following the date on the notice to the claimant that payments of tax credit under section 24(4) of the Act have ceased due to the claimant’s failure to make the declaration, on 6th April preceding the date on which the declaration is made;
c
in a case where the declaration, not having been made by 31st July next following the end of the tax year to which the claim relates or within the 30 days specified in sub-paragraph (b), is made before 31st January next following the end of the tax year to which the claim relates, and, in the opinion of the Board, the claimant had good cause for not making the declaration as mentioned in sub-paragraphs (a) or (b), on 6th April preceding the date on which the declaration is made; or
d
in any other case, on the latest date on which the declaration is received by a relevant authority at an appropriate office (subject to the application of regulation 7).
.
Amendment of the Tax Credits (Payments by the Commissioners) Regulations 2002
5
1
The Tax Credits (Payments by the Commissioners) Regulations 2002 are amended as follows.
2
In regulation 12 (amounts of payment) for paragraph (4) substitute —
4
Where payments under section 24(4) of the Act are to be made the Commissioners may take any or both of the following factors into account in determining the amount of those payments —
a
the rate at which the person or persons were entitled to the tax credit for the relevant tax year;
b
the estimated amount of income the person or persons referred to above may receive in the current tax year.
.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2008
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th March 2008


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2008 and shall come into force on 11th August 2008.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
In article 2 of The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 (interpretation) for the definition of the “Energy Technology Criteria List” and the “Energy Technology Product List” substitute —
“Energy Technology Criteria List” means the list dated 16th July 2008 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16th July 2008;
“Energy Technology Product List” means the list dated 16th July 2008 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16th July 2008.
.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2008


text:
Title and commencement
1
These Regulations may be cited as the Transmissible Spongiform Encephalopathies (Fees) (England) Regulations 2008 and come into force on 22nd September 2008.
Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 2008
2
1
The Transmissible Spongiform Encephalopathies (England) Regulations 2008 are amended as follows.
2
For sub-paragraph (2) of paragraph 4 of Schedule 2 substitute —
2
The Secretary of State may charge the fees set out in the following table for the initial approval and ongoing quality assessment of a laboratory —
Fees for laboratory approvals and quality assessment
Fee (£)
Initial approval
29,770 Annual proficiency testing and follow-up inspection for the first year after approval
8,834 Annual proficiency testing from the second year after approval
4,135 Single proficiency test (in the event of a failure in the annual proficiency testing)
1,385 Hourly rate of an inspector (for any additional inspections that are necessary to check for compliance with the matters set out at sub-paragraphs (1)(a) to (c))
87.24
Joan Ruddock
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
31st July 2008
We consent
Dave Watts
Alan Campbell
Two of the Lord Commissioners of
Her Majesty’s Treasury
22nd August 2008


text:
Citation and commencement
1
1
These Rules may be cited as the Remand on Bail (Disapplication of Credit Period) Rules 2008 and shall come into force on 3rd November 2008.
2
In these Rules —
“the 1991 Act ” means the Criminal Justice Act 1991 ;
“the 2003 Act ” means the Criminal Justice Act 2003;
“the 2008 Act ” means the Criminal Justice and Immigration Act 2008;
“credit period” has the meaning given by section 240A(3) of the 2003 Act or, where applicable, paragraph 2(3) of Schedule 6 to the 2008 Act; and
“relevant conditions” has the meaning given by section 240A(1)(c) of the 2003 Act or, where applicable, paragraph 2(1)(c) of Schedule 6 to the 2008 Act.
Consecutive and concurrent sentences
2
1
This Rule applies where —
a
section 240A of the 2003 Act (Crediting Periods of remand on bail: terms of imprisonment and detention) or paragraph 2 of Schedule 6 to the 2008 Act (Credit for period of remand on bail: transitional provisions) applies; and
b
the term of imprisonment referred to in section 240A(1)(a) of the 2003 Act or paragraph 2(1)(a) of Schedule 6 to the 2008 Act is ordered to be served consecutively on, or wholly or partly concurrently with, another term of imprisonment (“the other term”).
2
Where paragraph (1) applies, section 240A(2) and paragraph 2(2) of Schedule 6 to the 2008 Act do not apply in relation to any day —
a
on which the offender’s bail was subject to the relevant conditions; and
b
which has been counted for the purposes of section 240A(3)(a) or (b) of the 2003 Act or paragraph 2(3)(a) or (b) of Schedule 6 to the 2008 Act in relation to the other term.
Other electronically monitored curfews
3
1
This Rule applies where —
a
section 240A of the 2003 Act or paragraph 2 of Schedule 6 to the 2008 Act applies; and
b
on a day when the offender’s bail was subject to the relevant conditions, the offender was also subject to requirements imposed for the purpose of securing the electronic monitoring of the offender’s compliance with —
i
a curfew condition imposed under section 250(5) of the 2003 Act (requirement for early release under section 246 to include a curfew condition) or section 37A of the 1991 Act (requirement for early release under section 34A to include a curfew condition);
ii
a requirement imposed under section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (requirements of supervision under a detention and training order) to remain at one or more specified places for a specified number of hours in any given day during the period beginning on the day on which the offender is released early from detention and training under section 102(4) of that Act (early release from a detention and training order) and ending on the half way point of the term of the detention and training order;
iii
a licence condition imposed following release from prison under Chapter 6 of Part 12 of the 2003 Act or Part 2 of the 1991 Act (early release of prisoners);
iv
a curfew requirement, as defined by section 204 of the 2003 Act (curfew requirement), imposed as part of a suspended sentence order, as defined by section 189(7) of the 2003 Act (suspended sentences of imprisonment), or as part of a community order, as defined by section 177 of the 2003 Act (community orders); or
v
a curfew order imposed under section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders for persons aged under 16); or
vi
any other requirement to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction.
2
Where paragraph (1) applies, section 240A(2) of the 2003 Act and paragraph 2(2) of Schedule 6 to the 2008 Act do not apply.
Temporary release
4
1
This Rule applies where —
a
section 240A of the 2003 Act or paragraph 2 of Schedule 6 to the 2008 Act applies; and
b
on a day when the offender’s bail was subject to the relevant conditions, the offender was also on temporary release under —
i
rule 9 of the Prison Rules 1999 (temporary release);
ii
rule 5 of the Young Offender Institution Rules 2000 (temporary release); or
iii
rule 5 of the Secure Training Centre Rules 1998 (temporary release).
2
Where paragraph (1) applies, section 240A(2) of the 2003 Act and paragraph 2(2) of Schedule 6 to the 2008 Act do not apply.
Signed by authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
27th October 2008


text:
1
This Order may be cited as the A570 Trunk Road (North of M58 to the Lancashire County Boundary) (Detrunking) Order 2008 and shall come into force on 1st October 2008.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State: and
ii
“the trunk road” means the A570 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from 1st October 2008.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
4 September 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 7) Order 2008.
2
In this Order, “ the Act ” means the Health and Social Care Act 2008.
Appointed day for provisions relating to the Council for Healthcare Regulatory Excellence
2
1st January 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 113;
b
section 114 in so far as not already in force ;
c
sections 115 to 117;
d
section 118(1) in so far as it relates to the provisions listed in paragraphs (e) and (f);
e
section 118(2)(a), (c) and (e) to (g);
f
section 118(3) to (6);
g
section 127 in so far as it relates to the provisions of Schedule 10 to the Act listed in paragraph (i);
h
section 166 in so far as it relates to the provisions of Schedule 15 to the Act listed in paragraph (j);
i
in Schedule 10 —
i
paragraph 1,
ii
paragraph 2(a),
iii
paragraph 3 in so far as it relates to paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 ,
iv
paragraph 4(a),
v
paragraph 5(a),
vi
paragraph 6(b),
vii
paragraph 8,
viii
paragraph 10,
ix
paragraph 12,
x
paragraph 13(a),
xi
paragraph 16,
xii
paragraph 17,
xiii
paragraph 19,
xiv
paragraphs 23 to 25, and
xv
paragraph 26(a).
j
in Part 2 of Schedule 15 —
i
the entries relating to the National Health Service Reform and Health Care Professions Act 2002 , except the entries relating to section 29(1)(c) and (f) of that Act, and
ii
the entry relating to the Health Act 2006 .
Appointed day for provisions relating to section 60 of the Health Act 1999 and the order making functions under that Act
3
1st January 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 111 in so far as it relates to the provisions listed in paragraph (c);
b
section 127 in so far as it relates to the provision mentioned in paragraph (d);
c
in Schedule 8 —
i
paragraphs 1 and 2,
ii
paragraph 3 in so far as it relates to the provisions mentioned in sub-paragraph (iii), and
iii
paragraphs 4, 5(1) (in so far as not already in force), (2) and (3), 6, 7, 8(b) and 9; and
d
paragraph 11 of Schedule 10.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
17th December 2008


text:
1
This Order may be cited as the A570 Trunk Road (Lancashire County Boundary to the Kew roundabout) (Detrunking) Order 2008 and shall come into force on 1st October 2008.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State: and
3
“the trunk road” means the A570 Trunk Road. The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from 1st October 2008.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
4 September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme)(Amendment) Order 2008 and shall come into force on 8th February 2008.
2
In this Order “the principal Order” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 and a reference to a numbered article or Schedule is a reference to the article or Schedule in the principal Order which bears that number.
Amendments to the principal Order
2
The principal Order is amended as follows.
Amendment of article 2 (interpretation)
3
Article 2(1) is amended as follows —
a
after the definition of “accredited medical specialist” insert —
“additional multiple injury lump sum” means the sum referred to in article 15B(2);
;
b
in the definition of “lump sum” after “means” insert “,except in the expression “additional multiple injury lump sum,”.
Amendment of article 7 (injury caused by service)
4
In article 7(1) before “Benefit is payable” insert “Subject to articles 15(1A), 15A(1) and 15B(1)”.
Amendment of article 13 (interpretation of Part III)
5
In article 13(b) before “any reference” insert “subject to article 15B(6)”.
Amendment of article 14 (description of benefits – injury)
6
In article 14(2) after “lump sum” insert “, additional multiple injury lump sum”.
Amendment of article 15 (amount of lump sum)
7
1
After article 15(1) insert —
1A
Where the conditions in article 15A apply, that article shall apply in place of paragraphs (2) to (7).
.
2
In article 15(4)(c) after “shall” insert “except where paragraph (6B) applies”.
3
After article 15(6) insert —
6A
Paragraph 6B applies where —
a
more than one injury is sustained in one incident;
b
the cause of the injuries occurred on or after the coming into force of this Order;
c
a further claim for injuries is made pursuant to paragraph (4) and the Secretary of State determines that the amount of lump sum awarded in respect of the first claim shall be increased; and
d
the relevant percentage for the purpose of calculating the amount of a guaranteed income payment for one or more such injuries is recalculated pursuant to article 16(4) and is determined as 100 per cent.
6B
The first claim shall be recalculated pursuant to article 15A and the further claim determined pursuant to that article, save that account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award and the later award shall be paid.
.
4
In article 15(7), after “Paragraphs (4), (5) and (6)” insert “(6A) and (6B)”.
Insertion of articles 15A and 15B
8
After article 15 insert —
Amount of lump sum where 100 per cent guaranteed income payment determined
15A
1
) This article applies where —
a
more than one injury is sustained in one incident;
b
the cause of the injuries occurred on or after the coming into force of this Order; and
c
the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.
2
Subject to paragraph (3) the amount of the lump sum is the total of the relevant amount (described in article 14(2)(b)) applicable to each injury.
3
The total amount payable under paragraph (2) shall not exceed the amount specified at level 1 in column (a) of table 10.
4
Subject to paragraph (6) where —
a
a claim for injury benefit (“the first claim”) is made for some but not all the injuries sustained in one incident; and
b
after notice of the decision on the first claim has been given or sent to the claimant, a further claim for injury benefit is made for other injuries sustained in that incident, the Secretary of State shall determine the further claim by recalculating the amount of the lump sum in accordance with paragraphs (2) and (3) taking into account all the injuries sustained in that incident which have been the subject of a claim.
5
In determining the further claim under paragraph (4) the Secretary of State may —
a
increase the amount of the lump sum awarded in respect of the first claim; or
b
award no, or no further, amount of benefit.
6
Where the Secretary of State increases the amount of the lump sum awarded in respect of the first claim, account shall be taken of the amount of benefit paid in respect of the first claim and only the difference between the earlier award and the later award shall be paid.
7
Paragraphs (4), (5) and (6) shall not apply to a further claim for injury benefit referred to in paragraph (4)(a) unless that claim is made within the time specified in articles 39, 40 and 41 for making a claim.
Additional multiple injury lump sum
15B
1
This article applies where —
a
more than one injury is sustained in one incident;
b
the cause of the injuries occurred on or after 6th April 2005 and before the coming into force of this Order;
c
an entitlement to injury benefit has been determined in respect of more than one such injury either before or after the coming into force of this Order; and
d
the relevant percentage for the purpose of calculating the amount of a guaranteed income payment in accordance with article 16 for one or more such injuries is 100 per cent.
2
The Secretary of State shall award an additional benefit (“the additional multiple injury lump sum”) in accordance with this article.
3
The amount of the additional multiple injury lump sum is, subject to paragraphs (4) and (5), the total of the relevant amount (described in article 14(2)(b)) applicable to each injury in respect of which a lump sum would have been payable but for article 15(2).
4
Account shall be taken of the lump sum previously awarded and, subject to paragraph (5), the difference between that award and the amount of the additional multiple injury lump sum calculated in accordance with paragraph (3) shall be paid.
5
The total amount payable in accordance with this article shall not, taking into account the amount of lump sum previously awarded, exceed the amount specified at level 1 in column (a) of Table 10.
6
The determination of the amount of the additional multiple injury lump sum shall be made according to the tariff in force on the day on which —
a
the entitlement to injury benefit is determined under article 43;
b
a final award of injury benefit is made under article 44;
c
a decision of the Secretary of State in relation to injury benefit is revised under article 45, 47, 48 or 49; or
d
a decision relating to injury benefit is revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner or a court.
.
Amendment of article 20 (temporary awards)
9
1
In article 20(1)(b) after “injury benefit” insert “or of an additional multiple injury lump sum”.
2
In article 20(2) after “lump sum” insert “or of the additional multiple injury lump sum”.
3
In article 20(4)(a)(ii) after “amount” omit “either lump sum or guaranteed income payment” and replace with “of any lump sum, of any additional multiple injury lump sum or of any guaranteed income payment”.
Amendment of article 37 (cases where claims are not required)
10
After article 37(1) insert —
1A
It is not a condition of entitlement to an additional multiple injury lump sum that a claim be made for it and article 38 shall not apply in relation to this benefit.
.
Amendment of article 44 (interim awards)
11
In article 44(1) after “injury benefit” insert “or to an additional multiple injury lump sum”.
Amendment of article 47 (review on discharge on medical grounds)
12
In article 47(1) —
a
after “injury benefit” insert “or an additional multiple injury lump sum”;
b
omit “that benefit” and replace with “the injury benefit or additional multiple injury lump sum”.
Amendment of article 48 (review – exceptional circumstances)
13
1
In article 48(1) after “injury benefit” insert “or of an additional multiple injury lump sum”.
2
In article 48(2) after the first use of the words “final decision” insert “to award injury benefit”.
Amendment of article 54 (date on which awards of benefit become payable)
14
1
In article 54(1) after “lump sum” insert “,an additional multiple injury lump sum”.
2
In article 54(7) after “article 15(4)” insert “, 15(6B) or 15A(4)”.
Amendment of Table 5 (amputations) of Schedule 4 (the Tariff)
15
1
Table 5 of Schedule 4 is amended as follows.
2
For the entry in column (b) for item 6 substitute —
Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow).
.
3
For the entry in column (b) for item 7 substitute —
Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below) knee.
.
4
For the entry in column (b) for item 26 substitute —
Loss of one hand (wrist disarticulation) or permanent loss of use of one hand.
.
5
The following entries are omitted —
a
item 12 (loss of one leg at or above knee and one arm at or above elbow);
b
item 16 (loss of one leg at or above knee and one leg below knee);
c
item 17 (loss of one arm at or above elbow and one arm below elbow);
d
item 18 (loss of one leg at or above knee and one arm below elbow);
e
item 19 (loss of one arm at or above elbow and one leg below knee);
f
item 23 (loss of one leg below knee and one arm below elbow).
6
The amendments in paragraphs (2), (3) and (5) shall not affect any claim made before the coming into force of this Order.
Signed by authority of the Secretary of State
Derek Twigg
Under Secretary of State
Ministry of Defence
11th January 2008


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.3) Order 2008 and shall come into force on 17 th October 2008.
Establishment of safety zone
2
A safety zone is established around the installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
18th September 2008


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2008 and comes into force on 6th August 2008.
Amendment of the Air Navigation Order 2005
2
The Air Navigation Order 2005 is amended by inserting after article 167(1)(b) —
c
the competent authority of the United Kingdom for the purposes of Annex III of Council Regulation ( EEC ) No 3922/91 of 16th December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation .
.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Administration) (Amendment) Regulations 2008.
2
These Regulations shall come into force on 1st April 2009, but regulation 4 shall have effect from 1st April 2008 and regulation 3 from 28th June 2008.
3
Regulations 3 and 4 apply in relation to England and Wales and regulations 5 to 7 apply in relation to England.
4
In these Regulations “the Administration Regulations ” means the Local Government Pension Scheme (Administration) Regulations 2008 .
Amendment of the Administration Regulations
2
The Administration Regulations are amended in accordance with regulations 3 to 7.
3
In regulation 16 (re-employed and rejoining deferred members), after paragraph (6) insert —
7
But paragraph (6) does not apply to a member who is the subject of —
a
a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“the TUPE Regulations ”) apply; or
b
a transfer which is treated as if it were a relevant transfer within the meaning of regulations 2(1) and 3 of the TUPE Regulations, notwithstanding regulation 3(5) of those Regulations.
.
4
In Schedule 1, after the definition of “Local education authority” insert —
“Local government area” has the same meaning as in section 270 of the Local Government Act 1972 ;
.
5
In Schedule 4, after the heading “APPROPRIATE FUNDS” insert —
Part 1
6
In the Table in Schedule 4, for paragraph 7 substitute —
7. Members for whom no fund is specified by paragraphs 1 to 6, being —
(a) members whose employing authority is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations;
Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part 3 of that Schedule. (b) members whose employing authority’s area is situated wholly or mainly in the local government area of another employing authority which is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations.
Fund maintained by the administering authority specified for that other authority in column 2 of the Table in Part 3 of that Schedule. (c) members whose employing authority is specified in column 1 of the Table in Part 2 of this Schedule.
Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part 2 of this Schedule.
.
7
After the Table and Notes in Schedule 4, insert —
Part 2 Members Affected by Local Government Reorganisation
Employing authority Administering authority
(1)
On 1st April 2009 Central Bedfordshire Council is established as the sole principal authority for the new non-metropolitan district of Central Bedfordshire for which see S.I. 2008/907 , article 4.
(2)
On 1st April 2009 Bedford Borough Council becomes the sole principal authority for the non-metropolitan borough of Bedford for which see S.I. 2008/907 , article 3(3) (article 3(1) and (2) of that Order provide that there will be a county comprising the area of the Borough of Bedford but no council for that area). From 1st April 2009 Bedford Borough Council becomes the administering authority for Central Bedfordshire Council and Luton Borough Council.
(3)
Bedfordshire County Council is until its abolition (for which see S.I. 2008/907 , article 5), the administering authority for Luton Borough Council for which see S.I. 1997/1612 , Schedule 5. Schedule 5 was revoked by S.I. 2008/238 , but that revocation has no effect on the function of Bedfordshire County Council as an administering authority.
(4)
On 1st April 2009 Cheshire East Council is established as the sole principal authority for the new non-metropolitan district of Cheshire East for which see S.I. 2008/634 , article 3.
(5)
On 1st April 2009 Cheshire West and Chester Council is established as the sole principal authority for the new non-metropolitan district of Cheshire West and Chester for which see S.I. 2008/634 , article 4. From 1st April 2009 Cheshire West and Chester Council becomes the administering authority for Cheshire East Council, Halton Borough Council and Warrington Borough Council.
(6)
Cheshire County Council is until its abolition (for which see S.I. 2008/634 , article 5) , the administering authority for Halton Borough Council and Warrington Borough Council for which see S.I. 1997/1612 , Schedule 5 (as note 3, the revocation of Schedule 5 has no effect on the function of Cheshire County Council as an administering authority).
Central Bedfordshire Council
Luton Borough Council
Bedford Borough Council Cheshire East Council
Halton Borough Council
Warrington Borough Council
Cheshire West and Chester Council
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
16th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
Amendment of the Income Tax (Construction Industry Scheme) Regulations 2005
2
The Income Tax (Construction Industry Scheme) Regulations 2005 are amended as follows.
3
In regulation 2 (interpretation), insert the following definitions in the appropriate places —
“combined amount” means an amount which includes an amount the contractor is liable to pay under these regulations and one or more of the following —
earnings-related contributions due under the SSC Regulations;
tax due under the PAYE Regulations;
payments of repayments of student loans due under the Student Loan Regulations;
;
“ SSC Regulations ” means the Social Security (Contributions) Regulations 2001 ;
;
“ Student Loan Regulations ” means the Education (Student Loans) (Repayment) Regulations 2000 or, in Northern Ireland, the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 ;
.
4
In paragraph (3)(b) of regulation 7 (payment, due date for payment of amounts deducted and receipts), for “Pay As You Earn Regulations” substitute “PAYE Regulations” .
5
In paragraph (4) of regulation 8 (quarterly tax periods), omit the definitions of “SSC Regulations” and “Student Loan Regulations”.
6
1
Regulation 11 (notice and certificate if amount may be unpaid) is amended as follows.
2
In paragraph (4) —
a
after the words “on consideration of the contractor’s record of past payments” insert “whether of deductions under section 61 of the Act (deductions on account of tax from contract payments) or of combined amounts” ;
b
in sub-paragraph (a) after the words “the amount” insert “due under regulation 7 or a combined amount”; and
c
in sub-paragraph (b) for the word “that” substitute “the specified”.
3
In paragraph (6), substitute for sub-paragraph (a) —
a
claims that any payment made in respect of the tax period specified in the notice is or includes the full amount the contractor is liable to pay under regulation 7, but
.
4
In paragraph (8)(a) after the words “the amount unpaid is treated as” insert “, or including,”.
5
In paragraph (10) after the words “contractor pays an amount” insert “of deductions under section 61 of the Act, whether separately or as part of a combined amount,”.
6
In paragraph (11) after the words “set off the excess” insert “of deductions under section 61 of the Act”.
7
1
Regulation 16 (recovery of amounts unpaid and interest) is amended as follows.
2
In paragraph (2) after the words “the recovery of the unpaid amount” insert “or combined amount and any interest on it”.
3
In paragraph (3), in the second column of item 1 in Table 1 (regulation 10(6), 11(8) and 13(2)), in sub-paragraph (a), after the words “the date on which the unpaid amount” insert “or combined amount and any interest on it”.
4
In paragraph (4) after the words “the unpaid amount” insert “or unpaid combined amount and any interest on it”.
5
In paragraph (5) after the words “The unpaid amount” insert “or unpaid combined amount and any interest on it”.
8
1
Regulation 57 (certificate that sum due) is amended as follows.
2
After paragraph (2) insert —
2A
An officer of Revenue and Customs may prepare a certificate showing the whole or part of a combined amount which includes deductions under section 61 of the Act without specifying the components of the combined amount.
Paragraph (1) shall apply with any necessary modifications to the certificate.
.
3
In paragraph (3) after the words “interest payable under”, omit the word “the”.
4
After paragraph (3) insert —
3A
An officer of Revenue and Customs may prepare a certificate showing the total amount of interest payable in respect of the whole or any component of the combined amount without specifying which component of the combined amount the interest relates to.
Paragraph (3) shall apply with any necessary modifications to the certificate.
.
5
In paragraph (5) for the words “paragraph (1) or (3)” substitute “this regulation”.
Mike Hanson
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th March 2008


text:
Citation and interpretation
1
1
This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008.
2
In this Order —
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 1996 Act ” means the Asylum and Immigration Act 1996 ; and
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 .
Commencement
2
1
Subject to article 5 the following provisions of the 2006 Act shall come into force on 29th February 2008 —
a
sections 15 to 18 to the extent to which they are not already in force (penalty for employment of adult subject to immigration control);
b
sections 21 and 22 (offence of employing adult subject to immigration control);
c
section 24 (employment of adult subject to immigration control: temporary admission);
d
section 26 (repeal); and
e
in Schedule 3, the entries relating to the 1996 Act.
2
The following provisions of the 2006 Act shall come into force on 29th February 2008 —
a
section 50(3)(a) (repeal); and
b
in Schedule 3, the entries relating to section 31A of the Immigration Act 1971.
3
The following provisions of the 2006 Act shall come in to force on 1st April 2008 —
a
subject to article 4, section 4 (entry clearance);
b
section 33 (freight information: police powers) for the purposes of making an order under subsection (5)(a); and
c
section 47 (removal: person with statutorily extended leave).
Saving and Transitional Provision
4
Notwithstanding the commencement of section 4 of the 2006 Act and the substitution of section 88A of the 2002 Act and section 23 of the 1999 Act , section 4(1) (appeals: entry clearance) and section 4(2) of the 2006 Act (monitoring refusals of entry clearance) shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.
5
1
Notwithstanding the commencement of section 26 of the 2006 Act (repeal) the following provisions and instruments continue to have effect in relation to employment which commenced before 29th February 2008, including employment which continued on or after that date —
a
sections 8 (restrictions on employment) and 8A (code of practice) of the 1996 Act ;
b
any Code of Practice in force immediately before 29 th February 2008 under section 8A of the 1996 Act;
c
the Immigration (Restrictions on Employment) Order 2004 ; and
d
the Immigration (Restrictions on Employment) (Code of Practice) Order 2001 .
2
Sections 15 to 18, 21, 22, 24, 25 and 26 of the 2006 Act are of no effect in relation to employment of a kind mentioned in paragraph (1).
Liam Byrne
Minister of State
Home Office
8th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 and shall come into force on 13th July 2008.
Preliminary
2
The Road Vehicles (Registration and Licensing) Regulations 2002 shall be amended as follows.
Amendments to Schedule 2 (reduced pollution certificates and the reduced pollution requirements)
3
1
Schedule 2 shall be amended as follows.
2
In paragraph 12(2)(c)(i), for “the Goods Vehicle Centre, Welcombe House, 91/92 The Strand, Swansea SA1 2DH” substitute “such office of the Vehicle and Operator Services Agency as he may direct”.
3
In paragraph 13 —
a
in sub-paragraph (1)(a), for “£28” substitute “£29”; and
b
in sub-paragraph (3), for “£6” substitute “£7”.
Amendments to Schedule 3 (issue of new registration document)
4
In paragraph 7 of Schedule 3 —
a
in sub-paragraph (1), for “£36” substitute “£38”;
b
in sub-paragraph (2), for “£5.50” substitute “£6”; and
c
in sub-paragraph (3), for “£7.50” substitute “£8”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation, commencement and interpretation
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2008 and shall come into force on 27 October 2008.
2
In this Order “ PACE Code A” means the Police and Criminal Evidence Act 1984 Code of Practice for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters.
Revision of PACE Code A
3
1
The revision of PACE Code A which was laid before Parliament on 6 October 2008 and which relates to paragraph 4 of that Code (recording requirements including recording of encounters not governed by statutory powers) shall come into operation on 27 October 2008
2
For the purposes of paragraph (1), the reference to paragraph 4 of PACE Code A includes Annex E (replacement of the need to make or provide a record of the encounter with the ability to provide a receipt and to record only the person’s self-defined ethnicity) which is inserted for the purposes of that paragraph.
Vernon Coaker
Minister of State
Home Office
6th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Transfers and Excepted Terminations) Regulations 2008 and shall come into force on 6th April 2008.
Interpretation
2
1
In these Regulations —
“ the Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs;
“the 1984 Act ” means the Inheritance Tax Act 1984;
“the IHT threshold” means the lower limit shown in the Table in Schedule 1 to the 1984 Act applicable in the year in which the chargeable transfer is made by the transferor;
“the net IHT threshold” means the IHT threshold less the aggregate of the values transferred by all previous chargeable transfers made by the transferor during the seven years preceding the chargeable transfer;
“a specified trust” means one of the following —
a trust of settled property where a person became beneficially entitled to an interest in possession before 22nd March 2006;
a trust for a bereaved minor within section 71A ;
a trust in which there is an immediate post-death interest within section 49A ;
a trust for a disabled person within section 89, a self-settlement within section 89A or a disabled person’s interest within section 89B;
a trust in which there is a transitional serial interest within sections 49B to 49E ;
“value” means value for the purpose of tax.
2
In these Regulations, a reference to a section is a reference to the section of the 1984 Act bearing that number.
Accounts
3
1
Save as provided in paragraph (2), no person is required under section 216 to deliver an account of an excepted transfer or an excepted termination unless the Commissioners so require by notice in writing issued to that person.
2
Paragraph (1) does not apply to —
a
The duty on trustees to deliver an account under section 216(1)(b) where the transferor dies within seven years of the chargeable transfer;
b
The duty on trustees and persons to deliver an account under section 216(1)(bb) and (bd) .
3
If any person who has not delivered an account in reliance on paragraph (1) discovers at any time that the transfer is not an excepted transfer, or that the termination is not an excepted termination, the delivery to the Commissioners within six months of that time of an account of that transfer or termination shall satisfy any requirement to deliver an account imposed on that person.
Excepted transfers
4
1
For the purposes of regulation 3 an excepted transfer means a chargeable transfer made on or after 6th April 2007 which is a disposition made by an individual in the circumstances in paragraph (2) or (3), but not any other transaction that is treated as a disposition for the purposes of inheritance tax.
2
The circumstances are that —
a
the value transferred by the chargeable transfer is attributable to either —
i
cash; or
ii
quoted shares or securities; and
b
the value transferred by the chargeable transfer, together with the values transferred by any previous chargeable transfers made by the transferor during the seven years preceding the transfer does not exceed the IHT threshold.
3
The circumstances are that —
a
the value transferred by the chargeable transfer, together with the values transferred by any previous chargeable transfers made by the transferor during the seven years preceding the transfer does not exceed 80% of the IHT threshold, and
b
the value transferred by the transfer of value giving rise to the chargeable transfer does not exceed the net IHT threshold.
4
For the purpose of paragraph (3)(b), sections 104 (business property relief) and 116 (agricultural property relief) shall not apply in determining the value transferred by the chargeable transfer.
Excepted terminations
5
1
An excepted termination is the termination of an interest in possession in the settled property of a specified trust in any of the following circumstances.
2
The circumstances are that —
a
the transferor has, in connection with the termination, given to the trustees of the settlement a notice under section 57(3) informing them of the availability of the exemption; and
b
the value transferred in consequence of the termination does not exceed the amount of the exemption specified in the notice.
3
The circumstances are that —
a
the value of the property in which the interest subsisted is attributable to either —
i
cash; or
ii
quoted shares or securities; and
b
the value transferred in consequence of the termination, together with the values transferred by any previous chargeable transfers made by the transferor during the seven years preceding the transfer does not exceed the IHT threshold.
4
The circumstances are that —
a
the value transferred in consequence of the termination, together with the values transferred by any previous chargeable transfers made by the transferor during the seven years preceding the termination does not exceed 80% of the IHT threshold; and
b
the value transferred in consequence of the termination does not exceed the net IHT threshold.
5
For the purpose of paragraph (4)(b), sections 104 (business property relief) and 116 (agricultural property relief) shall not apply in determining the value transferred in consequence of the termination.
Discharge of trustees from tax
6
1
This regulation applies to an excepted termination within regulation 5(2).
2
The trustees of the settlement shall, at the expiration of the period of six months beginning with the date of the excepted termination, be discharged from any claim for tax attributable to the value of the property in which the interest subsisted unless, within that period, the Commissioners issue a notice requiring an account of that property.
3
This regulation is subject to regulation 7.
7
Regulation 6 does not —
a
discharge any person from tax in the case of fraud or failure to disclose material facts; or
b
affect the liability to tax of any person other than the trustees of the settlement, or tax on any property other than that in which the interest subsisted.
Transfers reported late
8
Where no account of an excepted transfer is required by the Commissioners, an account of that transfer shall, for the purposes of section 264(8) (delivery of account to be treated as payment where tax rate nil), be treated as having been delivered twelve months after the end of the month in which that transfer is made.
Revocation
9
The Inheritance Tax (Delivery of Accounts) (Excepted Transfers and Terminations) Regulations 2002 are revoked in relation to any excepted transfer or excepted termination made on or after 6th April 2007.
Mike Hanson
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
6th March 2008


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2008 and shall come into force on 11th August 2008.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
1
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
2
In article 2 (interpretation) for the definitions of “the Water Technology Criteria List” and “the Water Technology Product List” substitute —
“the Water Technology Criteria List” means the list dated 16th July 2008 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16th July 2008;
“the Water Technology Product List” means the list dated 16th July 2008 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16th July 2008.
.
3
In article 3(2) (description of environmentally beneficial plant and machinery technology classes) —
a
for sub-paragraphs (c) to (e) substitute —
c
meters and monitoring equipment;
d
efficient taps;
e
efficient toilets;
;
b
for sub-paragraph (g) substitute —
g
water reuse systems;
;
c
for sub-paragraphs (m) and (n) substitute —
m
water efficient industrial cleaning equipment;
n
water management equipment for mechanical seals;
.
4
In article 5 (certification of environmentally beneficial plant and machinery) for paragraph (2) substitute —
2
This paragraph applies in the case of expenditure on —
a
efficient membrane filtration systems for the treatment of wastewater for recovery and reuse; and
b
efficient wastewater recovery and reuse systems,
falling within the technology class “water reuse systems” specified in the Water Technology Criteria List
.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Appointments Commission (Amendment) Regulations 2008 and shall come into force on 8th December 2008.
Amendment of regulation 2 of the Appointments Commission Regulations 2006
2
In regulation 2 of the Appointments Commission Regulations 2006 (membership of the Commission) —
a
in paragraph (1), for “five” substitute “four”; and
b
in paragraph (2), for “four” substitute “three”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
26th October 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008 and come into force on 11 th February 2008.
2
These Regulations extend to England and Wales and Northern Ireland.
Amendments to the European Communities (Services of Lawyers) Order 1978
2
In article 2 of the European Communities (Services of Lawyers) Order 1978 , in the table —
a
after the entry for Belgium insert —
Bulgaria Адвокат
; and
b
after the entry for Portugal insert —
Romania Avocat
.
Amendments to the European Communities (Lawyer’s Practice) Regulations 2000
3
In regulation 2(4) of the European Communities (Lawyer’s Practice) Regulations 2000 , in the table, after the entry relating to Slovakia insert —
Bulgaria Адвокат
Romania Avocat
.
Transitional Provision
4
1
In this regulation —
a
“the 2000 Regulations ” means the European Communities (Lawyer’s Practice) Regulations 2000; and
b
“relevant lawyer” means a European lawyer (as defined in the 2000 Regulations as amended by these Regulations) who satisfies either or both of the conditions set out in paragraph (2).
2
Those conditions are —
a
that the person is a national of either Bulgaria or Romania;
b
that the person is authorised in either of those States to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the 2000 Regulations as it is amended by these Regulations, opposite the name of that State.
3
Regulation 1(2) to (5) of the 2000 Regulations shall apply to a relevant lawyer with the following modifications —
a
for “22nd May 2000”, where it occurs in paragraph (2), substitute “11th February 2008”;
b
for “21st November 2000”, wherever it occurs, substitute “10th August 2008”; and
c
for “22nd November 2000”, wherever it occurs, substitute “11th August 2008”.
4
Regulation 21(1)(b) and (2) and regulation 22 of the 2000 Regulations shall apply to a relevant lawyer only from 11th August 2008.
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
15th January 2008