text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008 and shall come into force on 7 th April 2008.
2
In these Regulations, the “ Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply in relation to England only.
Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003
2
In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for “£20.45” substitute “£21.15”.
Amendment of regulation 20 of the Assessment Regulations
3
In regulation 20 (capital limit) of the Assessment Regulations, for “£21,500” substitute “£22,250”.
Amendment of regulation 28 of the Assessment Regulations
4
In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations —
a
for “£13,000”, in both places where it occurs, substitute “£13,500”; and
b
for “£21,500” substitute “£22,250”.
Amendment of Schedule 3 to the Assessment Regulations
5
1
In Part 1 of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 10(1), for “paragraphs 29 and 31, the amount specified in paragraph 15(1) of Schedule 9 to the Income Support Regulations (relevant payments) of”, substitute “paragraph 29,”; and
b
in paragraph 28H —
i
in sub-paragraphs (1) and (2), for “£5.25”, in each place where it occurs, substitute “£5.45”, and
ii
in sub-paragraphs (3) and (4), for “£7.85”, in each place where it occurs, substitute “£8.15”.
2
In Part 2 of Schedule 3 to the Assessment Regulations (special provisions relating to charitable or voluntary payments and certain pensions) —
a
omit paragraph 30; and
b
in paragraph 31, “for paragraphs 10(1) and 11” substitute “paragraph 11”.
Amendment of Schedule 4 to the Assessment Regulations
6
In Schedule 4 to the Assessment Regulations (capital to be disregarded) —
a
after paragraph 10 insert —
10A
Any amount which would be disregarded under paragraph 12A of Schedule 10 to the Income Support Regulations (personal injury payments) with the exception of any payment or any part of any payment that has been specifically identified by a court to deal with the cost of providing care.
; and
b
for paragraph 19 , substitute —
Any amount which —
a
falls within paragraph 44(2)(a), and would be disregarded under paragraph 44(1)(a) or (b), of Schedule 10 to the Income Support Regulations; or
b
would be disregarded under paragraph 45(a) of that Schedule.
.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under Secretary of State,
Department of Health
5th March 2008


type: legislation

jurisdiction: UK

text:
Interpretation
1
1
These Regulations may be cited as the Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 and shall come into force on 31st December 2008.
2
In these Regulations, the following definitions shall apply —
“business” includes a trade or profession and the activities of a professional or trade association or of a local authority or other public authority;
“cat” means an animal of the species felis silvestris ;
“dog” means an animal of the subspecies canis lupus familiaris ;
“enforcement authority” means any body on whom functions are conferred by or under regulation 3(1);
“goods” means any article which an officer reasonably believes to be cat and dog fur or a product containing such fur;
“officer” means a person authorised by an enforcement authority to enforce these Regulations; and
“records” includes any books or documents and any records in electronic form.
Penalty for breach of Regulation ( EC ) No 1523/2007
2
Any person who contravenes Article 3 of Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur shall be guilty of an offence and liable —
a
on conviction on indictment, to a fine not exceeding £75,000; and
b
on summary conviction, to a fine not exceeding the statutory maximum.
Powers of investigation and enforcement
3
1
Subject to paragraph (2), it shall be the duty of —
a
every weights and measures authority in Great Britain; and
b
every district council in Northern Ireland
to enforce these Regulations within their area.
2
It shall be the duty of Her Majesty’s Revenue and Customs and not the enforcement authorities to enforce these Regulations at any place where goods are subject to customs supervision within the meaning of Council Regulation ( EEC ) No 2913/92 establishing the Community Customs Code .
3
For the purposes of enforcing these Regulations, an officer may at any reasonable hour and on production, if required, of evidence that he is an officer —
a
inspect any goods;
b
enter any premises (including any place or vehicle) other than premises occupied only as a dwelling;
c
purchase any goods for the purposes of inspection;
d
examine any procedure connected with the production of any goods;
e
require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;
f
seize and detain any goods or records where there are reasonable grounds for believing that they may be —
i
required as evidence in proceedings for an offence under regulation 2; or
ii
(in relation to goods only) liable to be forfeited under regulation 4;
g
take copies of, or of any entry in, any records produced by virtue of sub-paragraph (e) or seized by way of sub-paragraph (f) ;
h
require any person having authority to do so to open any container; and
i
where a requirement made under sub-paragraph (h) has not been complied with, open or break open any container.
Forfeiture and destruction of goods
4
1
An enforcement authority may apply under this regulation for an order for the forfeiture of any goods on the grounds that there has been an offence under regulation 2 in relation to the goods.
2
An application under this regulation may be made —
a
where proceedings have been brought in a magistrates’ court for an offence under regulation 2 in relation to some or all of the goods, to that court; or
b
where no application for the forfeiture of the goods has been made under sub-paragraph (a), by way of complaint to a magistrates’ court.
3
On an application under this regulation, the court shall make an order for the forfeiture of any goods only if it is satisfied that there has been an offence under regulation 2 in relation to the goods.
4
A court may infer for the purposes of this regulation that an offence under regulation 2 has been committed in relation to any goods if it is satisfied that an offence under regulation 2 has been committed in relation to goods which are representative of those goods (whether by reason of being part of the same consignment or batch or otherwise).
5
Any person aggrieved by an order made under this regulation by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court;
b
in Northern Ireland, to the County court; and
c
in Scotland, to the sheriff court
and an order made under this regulation by a magistrates’ court may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).
6
Where any goods are forfeited under this regulation they shall be destroyed.
Obstruction of an officer
5
1
It is an offence for a person (“P”) —
a
intentionally to obstruct an officer in the exercise of any power granted under these Regulations;
b
intentionally to fail to comply with any requirement properly imposed on P by an officer in the exercise of any such power;
c
to fail, without reasonable excuse, to give an officer any assistance or information which the officer may reasonably require of P for the purpose of exercising any such power; or
d
in giving to an officer any information which P has been required to give an officer exercising any such power, to make any statement which P knows to be false or misleading in a material particular.
2
A person who is guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Nothing in this section is to be taken to require any person to answer any question put to that person by an officer, or to give any information to such an officer, if to do so might incriminate that person.
Gareth Thomas
Minister of State for Trade, Investment and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
26th October 2008


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2008 and shall come into force on 1st April 2008.
2
These Regulations extend only to England and Wales.
3
In these Regulations —
“certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and
“the principal Regulations ” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (amount of NHS charges) —
a
in paragraph (1)(a) for “£159” substitute “£165”;
b
in paragraph (1)(b)(i) for “£505” substitute “£547”;
c
in paragraph (1)(b)(ii) for “£620” substitute “£672”; and
d
in paragraph (4) for “£37,100” substitute “£40,179”.
Saving
3
Notwithstanding regulation 2 above, the principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2008 as if the amendments made by these Regulations had not been made.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
6th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Preliminary
2
The Motor Vehicles (Approval) (Fees) Regulations 2001 shall be amended as follows.
Increase in fees
3
In the regulations specified in column (1) of the Table below, for each fee specified in column (2) substitute the fee specified in column (3).
Table
(1) (2) (3) Regulation Existing fee (£) Substituted fee (3)
4(1)(a) 158 190 4(1)(b) 63 76 4(1)(c) 200 240 4(1)(d) 190 228 4(1)(e) 106 127 4(1)(f) 95 114 4(2)(a) 63 76 4(2)(b) 106 127 4(2)(c) 95 114 4(3)(a)(i) 79 95 4(3)(a)(ii) 26 31 4(3)(b) 21 25 4(4) 53 64 5(1)(a) 32 38 5(1)(b) 16 19 5(2)(a) 16 19 5(2)(b) 6 7 9 11 12
Amendment of regulation 4 (fees - application for Minister’s approval certificate)
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (1) —
a
omit the word “and” immediately after sub-paragraph (e); and
b
at the end of sub-paragraph (f) insert —
; and
g
£38 in the case of any new vehicle which satisfies the conditions of regulation 5(8)(b) of the Approval Regulations .
.
3
In paragraph (3) —
a
in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (1)(a) to (f)”, and
b
in sub-paragraph (b), for “paragraph” substitute “paragraphs (1)(g),”.
4
After paragraph (4), add —
5
In this regulation “new vehicle” means a new passenger vehicle or new goods vehicle where the recorded distance travelled, including that before any change of odometer, is considered to be a maximum of 3,000 kilometres or 1,865 miles.
.
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
1
These Regulations may be cited as the Fines Collection (Disclosure of Information) (Prescribed Benefits) Regulations 2008 and shall come into force on 12 January 2009.
2
In these Regulations —
“contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 , but does not include any back to work bonus under section 26 of the Jobseekers Act 1995 which is paid as jobseeker’s allowance;
“income-based jobseeker’s allowance” means —
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and
in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance, but does not include any back to work bonus under section 26 of the Jobseekers Act 1995 which is paid as jobseeker’s allowance;
“income-related employment and support allowance” means —
an income-related allowance under Part 1 of the Welfare Reform Act 2007 ; and
in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992 , but does not include any back to work bonus under section 26 of the Jobseekers Act 1995 which is paid as income support; and
“state pension credit” means the benefit of that name payable under State Pension Credit Act 2002 .
Prescribed benefits
2
The benefits prescribed for the purposes of paragraphs 9A to 9C of Schedule 5 to the Courts Act 2003 (disclosure of information in connection with application for benefit deductions) are —
a
contribution-based jobseeker’s allowance;
b
income-based jobseeker’s allowance;
c
income-related employment and support allowance;
d
income support; and
e
state pension credit.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
16th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) ( No. 4) Regulations 2008 and shall come into force on 6th October 2008.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
After regulation 19(3)(h) (time for claiming benefit) add —
i
state pension credit.
.
3
Paragraph 12 of Schedule 4 (prescribed time for claiming state pension credit) is omitted.
Amendment of the State Pension Credit Regulations 2002
3
1
The State Pension Credit Regulations 2002 shall be amended as follows.
2
For regulation 3 (persons temporarily absent from Great Britain) substitute —
Persons temporarily absent from Great Britain
3
A claimant’s entitlement to state pension credit during periods of temporary absence from Great Britain is to continue for up to 13 weeks if —
a
the period of the claimant’s absence from Great Britain is unlikely to exceed 52 weeks; and
b
while absent from Great Britain the claimant continues to satisfy the other conditions of entitlement to state pension credit.
.
3
After regulation 3 insert —
Persons temporarily absent from Great Britain on 6th October 2008
3A
Where a claimant —
a
is already temporarily absent from Great Britain on 6th October 2008;
b
had a continuing entitlement to state pension credit immediately before that day; and
c
while absent from Great Britain, continues to satisfy the other conditions of entitlement to state pension credit,
the claimant’s entitlement to state pension credit is to continue during that period of absence from Great Britain for up to 13 weeks.
.
4
In regulation 5 (persons treated as being or not being members of the same household) —
a
for paragraph (1)(f) substitute —
f
he is absent from Great Britain for more than 13 weeks;
; and
b
omit paragraph (3).
5
In paragraph 1(8) of Schedule III (special groups: polygamous marriages) after “regulations” omit “3”.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 83(12)(b) (time and manner in which claims are to be made), for “the day 52 weeks” substitute “the day 6 months”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 64(1) (time and manner in which claims are to be made), for “twelve months” substitute “three months”.
3
In regulation 64(13)(b), for “the day 52 weeks” substitute “the day 3 months”.
Amendment of the Council Tax Benefit Regulations 2006
6
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 69(14)(b) (time and manner in which claims are to be made), for “the day 52 weeks” substitute “the day 6 months”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 53(13)(b) (time and manner in which claims are to be made) for “the day 52 weeks” substitute “the day 3 months”.
3
In regulation 56 (time for claiming council tax benefit) for “12 months” substitute “3 months”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C.Timms
Minister of State,
Department for Work and Pensions
10th September 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2008 and come into force on 1st April 2008.
Amendment of the Motor Cars (Driving Instruction) Regulations 2005
2
1
The Motor Cars (Driving Instruction) Regulations 2005 are amended as follows.
2
In the table in regulation 17(1) (fees), in column (3) —
a
in item 1, for “£75” substitute “£80”;
b
in items 2 and 3, for “£85” substitute “£99”; and
c
in items 4, 6 and 7, for “£200” substitute “£300”.
3
In regulation 20(2)(b), for “back” substitute “front” and for “front”, where it first appears, substitute “back”.
4
In Schedules 4 (forms of licence) and 5 (forms of certificate of registration), for “the Department of the Environment, Transport and the Regions” in each case where it appears substitute “the Department for Transport”.
Signed by the authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
20th February 2008


text:
1
This Order may be cited as the Manchester College (Incorporation) Order 2008 and comes into force on 15th February 2008.
2
There shall be established as from 15th February 2008 a body corporate called “the Manchester College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 1st August 2008, and the corporation shall conduct the Manchester College from that date.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
11th January 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No 2) 2008 and shall come into force on 7th January 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 7th January 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 7th January 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of LCH.Clearnet Limited who as such is permitted by the Rules of LCH.Clearnet Limited to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“LCH.Clearnet Limited” is a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Facility” means the investment exchange operated by PLUS Markets plc, a company which is permitted to operate as an investment exchange under the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding trading securities as a nominee for LCH.Clearnet Limited acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
PLUS Markets plc is prescribed as a recognised investment exchange; and
b
LCH.Clearnet Limited is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to LCH.Clearnet Limited or to a nominee of that clearing house,
d
a person other than a clearing participant to LCH.Clearnet Limited or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to LCH.Clearnet Limited or to a nominee of that clearing house, or
e
LCH.Clearnet Limited or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to LCH.Clearnet Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by LCH.Clearnet Limited for a clearing participant in connection with the traded securities concerned.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Excise Warehousing (Etc.) (Amendment) Regulations 2008 and come into force on 1st December 2008.
Amendment of the Excise Warehousing (Etc.) Regulations 1988
2
Amend the Excise Warehousing (Etc.) Regulations 1988 as follows.
3
1
In regulation 10A —
a
in paragraph (2), for sub-paragraph (b) substitute —
b
at all times during the movement the goods are accompanied by a document containing the particulars set out in Schedule 5.
;
b
omit paragraph (3).
2
After Schedule 4 add —
SCHEDULE 5
Particulars which must be contained in a document
Regulation 10A
1
Date of entry of the goods and their entry number.
2
Importer’s name and address.
3
The name, address and approval number of the excise warehouse to which the goods are to be moved.
4
A description of the goods and their quantity.
.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
30th October 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 and shall come into force on 3rd November 2008.
2
In this Order —
“the 2007 Act ” means the Mental Health Act 2007;
“the 1983 Act ” means the Mental Health Act 1983 .
Commencement of provisions
2
The following provisions of the 2007 Act shall come into force on 3rd November 2008 —
a
section 18, insofar as not already in force;
b
section 21, insofar as it gives effect to Schedule 2 in relation to Wales and is not already in force;
c
section 30, insofar as it applies to Wales and is not already in force.
Schedule
3
The Schedule to this Order, which makes transitional and saving provisions, shall have effect.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
30th September 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and shall come into force on 6th April 2008.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Permitted Development) Order 1995
2
1
The Town and Country Planning (General Permitted Development) Order 1995 shall be amended in accordance with paragraphs (2) and (3).
2
In article 1(2) (interpretation) in paragraph (a) of the definition of “building”, for “25 and 33” substitute “25, 33 and 40”.
3
In Schedule 2 after Part 39 (temporary protection of poultry and other captive birds) add —
PART 40
INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT
Class A
Permitted development
A
The installation, alteration or replacement of solar PV or solar thermal equipment on —
a
a dwellinghouse; or
b
a building situated within the curtilage of a dwellinghouse.
Development not permitted
A.1
Development is not permitted by Class A, in the case of solar PV or solar thermal equipment installed on an existing wall or roof of a dwellinghouse or a building within its curtilage if —
a
the solar PV or solar thermal equipment would protrude more than 200 millimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;
b
it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);
c
in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed —
i
on a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway; or
ii
on a wall or roof slope of a building within the curtilage of the dwellinghouse and would be visible from a highway; or
d
the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse if the dwellinghouse is a listed building.
Conditions
A.2
Development is permitted by Class A subject to the following conditions —
a
solar PV or solar thermal equipment installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;
b
solar PV or solar thermal equipment shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and
c
solar PV or solar thermal equipment no longer needed for microgeneration shall be removed as soon as reasonably practicable.
Class B
Permitted development
B
The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse.
Development not permitted
B.1
Development is not permitted by Class B if —
a
it would result in the presence within the curtilage of more than one stand alone solar; or
b
any part of the stand alone solar —
i
would exceed four metres in height above ground level;
ii
would, in the case of land within a conservation area or which is a World Heritage Site, be situated within any part of the curtilage of the dwellinghouse and would be visible from the highway;
iii
would be situated within five metres of the boundary of the curtilage;
iv
would be situated within the curtilage of a listed building; or
c
the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.
Conditions
B.2
Development is permitted by Class B subject to the following conditions —
a
stand alone solar shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and
b
stand alone solar which is no longer needed for microgeneration shall be removed as soon as reasonably practicable.
Class C
Permitted development
C
The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse.
Class D
Permitted development
D
The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse.
Class E
Permitted development
E
The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse.
Development not permitted
E.1
Development is not permitted by Class E if —
a
the height of the flue would exceed the highest part of the roof by one metre or more;
b
in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway.
Class F
Permitted development
F
The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse.
Development not permitted.
F.1
Development is not permitted by Class F if —
a
the height of the flue would exceed the highest part of the roof by one metre or more;
b
in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway.
Interpretation of Part 40
G.1
For the purposes of Part 40 —
“dwellinghouse” includes a building which consists wholly of flats or which is used for the purposes of a dwellinghouse;
“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004 ;
“solar PV” means solar photovoltaics;
“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building;
“World Heritage Site” means a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.
Signed by authority of the Secretary of State
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th March 2008


text:
Title and commencement
1
These Regulations may be cited as the Veterinary Medicines (Amendment) Regulations 2008 and come into force on 1st November 2008.
Amendment to the Veterinary Medicines Regulations 2008
2
The Veterinary Medicines Regulations 2008 are amended by adding after paragraph 58 of Schedule 7 —
Fee for the registration of veterinary practice premises
58A
The annual fee for the registration of veterinary practice premises with the Royal College of Veterinary Surgeons to supply veterinary medicinal products is £40 (notwithstanding paragraph 2 of this Schedule, this is payable to the Royal College of Veterinary Surgeons).
.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd October 2008


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2008 and shall come into force on 6th April 2008.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
12th March 2008


text:
This Order may be cited as the General Dental Council (Continuing Professional Development) (Dentists) Rules Order of Council 2008 and shall come into force on 1st August 2008.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008 and shall come into force on 8th September 2008.
Amendment of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006
2
In regulation 11(2) of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 , after “lifting equipment” insert “(other than an accessory for lifting)”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
11th August 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2008.
2
These Regulations come into force on 1st December 2008.
3
In these Regulations “the 2003 Regulations ” means the Police Regulations 2003 .
Amendments to the 2003 Regulations
2
1
Regulation 15 (contents of personal records) of the 2003 Regulations is amended as follows.
2
In paragraph (3) after the words “Police (Conduct) Regulations 1999” insert the words “, regulation 35 of the Police (Conduct) Regulations 2004 ”.
3
After paragraph (4) insert the following paragraphs —
4A
Subject to paragraphs (4B), (4C) and (5A), the record of service kept in accordance with paragraph (2)(g) shall also include particulars of all —
a
disciplinary action, save for management advice —
i
taken under regulation 35, 40 or 55 of the Police (Conduct) Regulations 2008 ; or
ii
ordered following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008 ;
b
written improvement notices issued under regulation 15 or varied under regulation 18 of the Police (Performance) Regulations 2008 ;
c
final written improvement notices issued under regulation 22 or varied under regulation 25 of the Police (Performance) Regulations 2008; and
d
outcomes, save for redeployment to alternative duties, ordered under regulation 38 of the Police (Performance) Regulations 2008 or following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008.
4B
In relation to a record of service —
a
a written warning shall be expunged after the expiry of the period of 12 months as referred to in regulation 3(3)(a) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations);
b
a final written warning shall be expunged —
i
after the period of 18 months as referred to in regulation 3(3)(b) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations); or
ii
in the event of a final written warning being extended under regulation 35(6)(b) or 55(2)(b) of the Police (Conduct) Regulations 2008, on the expiry of that extended warning;
c
a reduction in rank shall be expunged after 5 years from the date the officer concerned was reduced in rank; and
d
a written improvement notice or a final written improvement notice issued or extended shall be expunged at the end of the validity period of such notice as defined in the Police (Performance) Regulations 2008 unless in relation to such a notice a period mentioned in regulation 10(2) of those Regulations has been extended beyond 12 months, in which case that notice shall be expunged at the end of such extended period.
4C
A written warning or final written warning shall not be expunged from the record of service where before the time period expires for the written notice or final written notice to be expunged under paragraph (4A)(a) or (b) a written notice is served on the officer concerned under regulation 15 of the Police (Conduct) Regulations 2008 or under regulation 14A of the Police (Complaints and Misconduct) Regulations 2004 . In such cases, the written warning or final written warning shall remain on the record of service until the conclusion of the disciplinary proceedings for which the written notice was served.
4
After paragraph (5) insert the following paragraph —
5A
Where, following an appeal meeting under the Police (Conduct) Regulations 2008, a first stage appeal meeting or second stage appeal meeting under the Police (Performance) Regulations 2008 or an appeal to a police appeals tribunal under the Police Appeals Tribunals Rules 2008, the person or persons hearing the appeal decide to reverse, revoke, vary the terms of or impose a different disciplinary action, outcome or notice, the previous disciplinary action, outcome or notice which was the subject matter of the appeal shall be expunged forthwith.
Vernon Coaker
Minister of State
Home Office
5th November 2008


text:
Title, application and commencement
1
These Regulations may be cited as the Rice Products from the United States of America (Restriction on First Placing on the Market) (England) Regulations 2008, apply in relation to England only and come into force on 7th March 2008.
Interpretation
2
1
In these Regulations —
“authorised officer”, in relation to a feed authority or a food authority, means any person (whether or not an officer of the authority) who is authorised by it in writing, either generally or specially, to act in matters arising under these Regulations;
“the Commission Decision” means Commission Decision 2006/601/ EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products as last amended by Commission Decision 2008/162/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products ;
“feed” has the meaning given to it in Article 3(4) of Regulation 178/2002;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 to enforce that Act within its area or as the case may be district;
“food” has the meaning given to it in Article 2 of Regulation 178/2002;
“first placing on the market” has the meaning that it bears in the Commission Decision;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
“rice product” means any rice product referred to in the table in Article 1 of the Commission Decision that originates from the United States of America; and
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Permanent Scientific Panels of the European Food Safety Authority .
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Restriction on first placing on the market of rice products
3
1
The first placing on the market of any rice product is prohibited unless —
a
the conditions specified in Article 2(1) of the Commission Decision are complied with in relation to that product; and
b
arrangements have been made to ensure compliance with the conditions specified in Article 2(2) of the Commission Decision in relation to that product.
2
Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months or to both.
Enforcement
4
1
It shall be the duty of each feed authority to execute and enforce these Regulations within its area or as the case may be district in relation to feed.
2
It shall be the duty of each food authority to execute and enforce these Regulations within its area in relation to food.
3
For the purposes of enabling the feed authority to exercise its duty under paragraph (1) and the food authority to exercise its duty under paragraph (2), an authorised officer of the authority concerned shall ensure that the requirements referred to in paragraph (4) are adhered to.
4
The requirements are those specified in –
a
Article 2 of the Commission Decision (which is concerned with the conditions under which consignments of rice products may first be placed on the market);
b
the first sentence of Article 3 (1) of that Decision (which is concerned with control measures relating to rice products presented for importation or already on the market); and
c
Article 4 of that Decision (which is concerned with contaminated consignments).
5
Each feed authority and each food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Food Safety Act 1990
5
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) , with the modification that subsections (2) to (4) shall apply in relation to an offence under regulation 3(2) as they apply in relation to an offence under section 14 or 15, that in subsections (2)(a) and (3)(b) the references to “food” shall be deemed to be references to feed or food and that in subsection (4)(b) the references to “sale or intended sale” shall deemed to be references to “first placing on the market”;
c
section 32 (powers of entry), with the modification that in subsection (1) the reference to “an enforcement authority” shall be deemed to be a reference to a feed authority or a food authority, the references to “the authority’s area” shall be deemed to be references to the authority’s area or as the case may be district and the reference to “a food authority” shall be deemed to be a reference to a feed authority or a food authority;
d
section 33(1) (obstruction etc. of officers);
e
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (d);
f
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (d);
g
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (e);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish partnerships) ; and
j
section 44 (protection of officers acting in good faith), with the modification that the references to “food authority” shall be deemed to be references to feed authority or food authority.
Revocation
6
The Rice Products (Restriction on First Placing on the Market) (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
6th March 2008


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 27 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 27 of the Finance Act 2008 (qualifying expenditure: R&D relief and vaccine research relief) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2008 and shall come into force on 30th June 2008.
Amendment of the Authorised Investment Funds (Tax) Regulations 2006
2
In the Authorised Investment Funds (Tax) Regulations 2006 for regulation 95 substitute —
Modifications of FA 1996
95
1
FA 1996 is modified as follows.
2
In paragraph 4 of Schedule 10 (loan relationships: collective investment schemes: company holdings in unit trusts and offshore funds) —
a
in sub-paragraph (1)(a) the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”,
b
in sub-paragraph (1)(b) the word “, company” is treated as inserted after the word “scheme”,
c
in sub-paragraph (4) the words “or open-ended investment company” are treated as inserted after the words “authorised unit trust”,
d
in sub-paragraph (5) the words “scheme, fund or open-ended investment company” are treated as substituted for the words “scheme or fund”, and
e
the following sub-paragraph is treated as inserted at the end —
7
In this paragraph “open-ended investment company” has the same meaning as in sub-paragraph (7A)(b) of paragraph 8 below; and sub-paragraphs (7A) to (7D) of that paragraph apply for the purposes of this paragraph as they apply for the purposes of paragraph 8.
.
3
In paragraph 8 of Schedule 10 (loan relationships: collective investment schemes: non-qualifying investments test) —
a
in sub-paragraph (1) —
i
the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”, and
ii
the word “, company” is treated as inserted after the words “investments of the scheme”;
b
in sub-paragraph (2) —
i
the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”, and
ii
the word “, company” is treated as inserted after the words “investments of the scheme”.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2008


text:
Citation
1
This Order may be cited as the All Saints CE (Aided) Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The All Saints CE (Aided) Primary School, Norreys Avenue, Wokingham, Berkshire, RG40 1UX, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 3, Transitional and Saving Provisions and Commencement No. 2 (Amendment)) Order 2008.
2
In this Order —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 1992 Act ” means the Local Government Act 1992 ;
“the 1997 Act ” means the Local Government and Rating Act 1997 ;
“council” means —
a district council; or
a county council in England for an area in which there are no district councils; and
“relevant date” means the day following the day on which this Order is made.
Commencement of Provisions
2
The following provisions of the Act come into force on the day following the day on which this Order is made —
a
section 75 (parishes: alternative styles);
b
sections 79 to 102 (reorganisation);
c
Schedule 5 (parishes: further amendments), except for paragraph 7; and
d
subject to the transitional and saving provisions specified in the Schedule to this Order, section 241 (repeals) in so far as it relates to Part 2 of the 1997 Act .
Amendment of Local Government and Public Involvement in Health Act 2007 (Commencement No. 2) Order 2008
3
In article 7(3) of the Local Government and Public Involvement in Health Act 2007 (Commencement No. 2) Order 2008 after “Standards Board for England” insert “before 1st April 2008”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
12th February 2008


text:
Citation and commencement
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) Order 2008 and shall come into force on 1st March 2008.
Entry into force of code of practice
2
The Code of Practice on the Management of Information Shared by the Border and Immigration Agency, Her Majesty’s Revenue and Customs and the Police laid before Parliament on 10th January 2008 shall come into force on 1st March 2008.
Signed by authority of the Secretary of State
Tony McNulty
Minister of State
Home Office
3rd January 2008
Claire M Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
Treasury
8th January 2008


text:
Citation and commencement
1
This Order may be cited as The Designation of Rural Primary Schools (England) Order 2008 and comes into force on 28 th July 2008.
Designation of rural primary schools.
2
The schools published on the Department for Children, Schools and Families’ website in a list called “Designated Rural Primary Schools” on 28th July 2008 are designated as rural primary schools in England.
Revocation
3
The Designation of Rural Primary Schools (England) Order 2007 is revoked.
Signed on behalf of the Secretary of State
P S A Jones
Deputy Director
Department for Children, Schools and Families
22nd July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medical Devices (Amendment) Regulations 2008 and shall come into force on 21st March 2010.
2
In these Regulations, “the principal Regulations ” mean the Medical Devices Regulations 2002 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1) —
a
in the definition of “animal”, after “animal” insert —
for the purpose of regulations 13,17, 19A and 47
;
b
at the end of the definition of “authorised representative” insert —
with regard to the latter’s obligation under Directive 90/385, Directive 93/42 and Directive 98/79
;
c
after the definition of “the Community” insert —
“clinical data” means the safety or performance information that is generated from the use of a device, derived from —
clinical investigations of the device concerned; or
clinical investigations or other studies reported in scientific literature of a similar device for which equivalence to the device in question can be demonstrated; or
published or unpublished reports on other clinical experiences of either the device in question or a similar device for which equivalence to the device in question can be demonstrated;
;
d
after the definition of “Directive 2005/50”, insert —
“Directive 2007/47” means Directive 2007/47/ EC of the European Parliament and of the Council amending Council Directive 90/385/ EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market ;
“Directive 2006/42/EC ” means Directive 2006/42/EC of the European Parliament and of the Council on machinery ;
;
e
after the definition of “harmonised standard” insert —
“hazard” means a potential source of injury or damage to health;
;
f
for the definition of “intended for clinical investigation” substitute —
“intended for clinical investigation” means —
intended for use by a registered medical practitioner when conducting investigations of that device in an adequate human clinical environment; or
intended for use by any other person in a Member State who, by virtue of their professional qualification, is authorised to carry out investigations of that device in an adequate human clinical environment;
;
g
after the definition of “in vitro diagnostic medical device” insert —
“machinery” has the meaning given to it by Article 2(a) of Directive 2006/42;
;
h
in the definition of “medical device” for “an instrument, apparatus, appliance, material or other article, whether used alone or in combination, together with any software necessary for its proper application,” substitute “any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, together with any accessories, including the software intended by its manufacturer to be used specifically for diagnosis or therapeutic purposes or both and necessary for its proper application,”; and
i
omit the definition of “medical specialist”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (scope of these Regulations) —
a
in paragraph (d), omit “active implantable medical devices”;
b
in paragraph (d), after “such devices” insert “save where medicinal products are incorporated as ancillary to the device”;
c
in paragraph (e)(ii) omit “an active implantable medical device or”; and
d
omit paragraph (g).
Amendment of regulation 5 of the principal Regulations
4
In regulation 5 of the principal Regulations (interpretation of Part II), in paragraph (1), in the definition of “custom-made device” for “duly qualified medical practitioner or professional user” substitute “registered medical practitioner, or other person authorised to write such a prescription by virtue of his professional qualification,”.
Amendment of regulation 8 of the principal Regulations
5
In regulation 8 of the principal Regulations (essential requirements for general medical devices), after paragraph (2) add —
3
Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in Annex I to Directive 2006/42 to the extent to which those essential health and safety requirements are more specific than the essential requirements to Directive 93/42.
.
Amendment of regulation 9 of the principal Regulations
6
In regulation 9 of the principal Regulations (determining compliance of general medical devices with relevant essential requirements) —
a
after paragraph (5), insert —
5A
When a custom-made device is supplied to a patient, the healthcare professional who writes the prescription for the custom-made device shall, in relation to each patient that they supply with such a device —
a
ensure that the patient is aware that they may request the statement containing the information required by Sections 1 and 2 of Annex VIII ; and
b
ensure that the statement containing the information required by Sections 1 and 2 of Annex VIII is made available to the patient on request.
; and
b
after sub-paragraph (8) insert —
9
Where a device is intended by the manufacturer to be used in conjunction with both the provisions in Council Directive 89/686/EEC on the approximation or the laws of the Member States relating to personal protective equipment and Directive 93/42, the relevant basic health and safety requirements of Directive 89/686/EEC shall also be fulfilled.
.
Amendment of regulation 14 of the principal Regulations
7
In regulation 14 of the principal Regulations (procedures for systems and procedure packs, and for devices to be sterilised before use), in paragraph (4) —
a
for sub-paragraph (a), substitute —
a
follow the procedures referred to in either Annex II or IV that relate to obtaining sterility; and
; and
b
after paragraph (4) insert —
4A
The application of Annex II or IV and the intervention of the notified body are limited to the aspects of the procedure relating to the obtaining of sterility until the sterile package is opened or damaged.
.
Amendment of regulation 15 of the principal Regulations
8
In regulation 15 of the principal Regulations (procedure for custom-made general medical devices) —
1
at the end of paragraph (c) omit “and”; and
2
after paragraph (d) insert —
;and
e
ensures that the statement is passed on with the custom-made device so that it may be made available to the patient on request.
.
Amendment of regulation 16 of the principal Regulations
9
In regulation 16 of the principal Regulations (procedures for general medical devices for clinical investigations) —
a
in paragraph (1)(a) —
for “Sections 1 and 2” substitute “Sections 1 and 2.2
; and
b
after paragraph (10) add —
11
The manufacturer, or their single authorised representative, shall —
a
notify the Secretary of State of the end of the clinical investigation; and
b
provide justification where premature termination has resulted.
.
Amendment of regulation 18 of the principal Regulations
10
In regulation 18 of the principal Regulations ( UK notified bodies and conformity assessment procedures for general medical device), in paragraph (2), for “Annex II or III ” substitute “Annex II, III, V or VI ,”.
Amendment of regulation 19 of the principal Regulations
11
In regulation 19 of the principal Regulations (registration of persons placing general medical devices on the market) —
a
in paragraph (3), in sub-paragraph (c), for “the manufacturer’s” substitute “the manufacturer’s single authorised representative”; and
b
in paragraph (5), for “Class IIb or III” (in each place that it occurs), substitute “Class IIa, IIb or III”.
Amendment of regulation 21 of the principal Regulations
12
In regulation 21 of the principal Regulations (scope of Part III) —
a
the existing paragraph shall be numbered (1); and
b
after paragraph 1 add —
2
Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in Annex I to that Directive to the extent to which those essential health and safety requirements are more specific than the essential requirements set out in Annex I to Directive 90/385.
3
Where an active implantable medical device is intended to administer a medicinal product, that device shall be governed by Directive 90/385 without prejudice to the provisions of Directive 2001/83/EC .
.
Amendment of regulation 29 of the principal Regulations
13
In regulation 29 of the principal Regulations (procedures for active implantable medical devices for clinical investigations), after paragraph (9) add —
10
The manufacturer, or their single authorised representative, shall —
a
notify the Secretary of State of the end of the clinical investigation; and
b
provide justification where premature termination has resulted.
.
Amendment of regulation 30 of the principal Regulations
14
In regulation 30 of the principal Regulations (manufacturers and conformity assessment procedures for active implantable medical devices), after paragraph (2), add —
3
Except as provided in paragraphs (4) and (5), the manufacturer of a relevant device, who under their own name places devices on the market, in accordance with the procedure referred to in Article 9(2) of Directive 90/385, shall provide the Secretary of State with —
a
the address of their registered place of business;
b
a description of the devices concerned; and
c
details of the label and instructions for use that accompany each device.
4
Where the manufacturer of a relevant device places a device on the market under their own name, but does not have a registered place of business in a Member State, the manufacturer shall —
a
designate a single authorised representative; and
b
ensure that the authorised representative has a registered place of business in a Member State.
5
The authorised representative referred to in paragraph (4) shall provide the competent authority of the Member State in which they have their registered place of business with the information referred to in paragraph (3) above.
.
Amendment of regulation 31 of the principal Regulations
15
In regulation 31 of the principal Regulations (UK notified bodies and conformity assessment procedures for active implantable medical devices), in paragraph (2), for “Annex 2 or 3” substitute “Annex 2, 3 or 5”.
Amendment of regulation 47 of the principal Regulations
16
In regulation 47 of the principal Regulations (general matters relating to UK notified bodies), in paragraphs (4) and (5), omit the words “other than active implantable medical devices”.
Amendment of regulation 60 of the principal Regulations
17
In regulation 60 of the principal Regulations (designation etc of authorised representatives) —
a
in paragraphs (1), (2) and (3) replace the words “an authorised representative”, in each place that they occur, with “a single authorised representative”; and
b
in paragraph (4) replace “evidence that he is an authorised representative of the manufacturer” with “evidence that he is the single authorised representative of the manufacturer”.
Amendment of regulation 63 of the principal Regulations
18
In regulation 63 of the principal Regulations (restriction notices) —
a
in paragraph (1) omit “subject to paragraph (2),”; and
b
omit paragraph (2).
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
12th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Qualifying Child Care) Regulations 2008 and shall come into force on 1st September 2008.
Amendment of section 318(5) of the Income Tax (Earnings and Pensions) Act 2003
2
In section 318(5) of the Income Tax (Earnings and Pensions) Act 2003 (exemption for employer-provided care) —
a
before paragraph (a) insert —
za
in England, that under Part 10A of the Children Act 1989 or Part 3 of the Childcare Act 2006 ;
;
b
in paragraph (a), omit “England and”.
Amendment of section 318C of the Income Tax (Earnings and Pensions) Act 2003
3
1
Section 318C of that Act (meaning of “qualifying child care”) is amended as follows.
2
In subsection (2) —
a
omit paragraph (b);
b
after that paragraph insert —
ba
by a person registered under Part 3 of the Childcare Act 2006,
;
c
for paragraph (c) substitute —
c
by or under the direction of the proprietor of a school on the school premises (subject to subsection (2B)),
;
d
omit paragraph (eb) (and the “or” after it);
e
at the end insert —
, or
g
by a foster parent under the Fostering Services Regulations 2002 in relation to a child other than one whom the foster parent is fostering.
3
After that subsection insert —
2A
In subsection (2)(c) —
“proprietor”, in relation to a school, means —
the governing body incorporated under section 19 of the Education Act 2002 , or
if there is no such body, the person or body of persons responsible for the management of the school;
“school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”) is or may be required to inspect;
“school premises” means premises that may be inspected as part of an inspection of the school by the Chief Inspector.
2B
Care provided for a child in England is not registered or approved care under subsection (2)(c) if —
a
it is provided during school hours for a child who has reached compulsory school age, or
b
it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.
4
In subsection (3) —
a
omit the “or” after paragraph (e);
b
at the end insert —
, or
g
by a foster parent under the Fostering Services (Wales) Regulations 2003 in relation to a child other than one whom the foster parent is fostering.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th August 2008


text:
Preliminary
Citation, commencement and effect
1
1
These Regulations may be cited as the Financing-Arrangement-Funded Transfers to Shareholders Regulations 2008 and shall come into force on 12th August 2008.
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2008.
Interpretation
2
In these Regulations —
a “relevant financing arrangement” means a relevant financing arrangement in relation to a non-profit fund within section 83YC(4) of the Finance Act 1989 ;
a “section 83YC(3) amount” means an amount within section 83YC(3) of the Finance Act 1989;
a “section 83YC(3) period of account” means a period of account for which there is a section 83YC(3) amount;
a “section 83YD arrangement” means a relevant financing arrangement in respect of which there is a section 83YD(2) amount;
a “section 83YD(2) amount” means an amount within section 83YD(2) of the Finance Act 1989 ;
a “section 83YD(2) period of account” means a period of account for which there is a section 83YD(2) amount.
The treatment of section 83YC(3) amounts
Amounts wholly attributable to life assurance business or to gross roll-up business
3
1
This regulation applies if, at the end of a section 83YC(3) period of account, each relevant financing arrangement of an insurance company has as a condition of the arrangement that —
a
in the case of a loan, any repayment may only be made if the company has an amount of surplus from carrying on life assurance business or gross roll-up business and the repayment is made from that surplus, or
b
in the case of a financial reinsurance arrangement, any recapture of liabilities may only be made if the company has an amount of surplus from carrying on life assurance business or gross roll-up business.
2
The section 83YC(3) amount is wholly referable to life assurance business or to gross roll-up business (as the case may be).
Other cases where relevant financing arrangements meet the loan condition only: life assurance business and PHI business
4
1
This regulation applies if, in a section 83YC(3) period of account —
a
an insurance company carries on both life assurance business and PHI business, and
b
each relevant financing arrangement of the company in force in that period of account meets the loan condition (and not the reinsurance condition).
2
The part of the section 83YC(3) amount referable to life assurance business is —
L A B L
L A B L + P H I L
where —
“ LABL ” is the mean of the opening and closing liabilities of the company’s life assurance business relating to the non-profit fund for the section 83YC(3) period of account, and
“ PHIL ” is the mean of the opening and closing liabilities of the company’s PHI business relating to the non-profit fund for that period of account.
Other cases where relevant financing arrangements meet the loan condition only: gross roll-up business and basic life assurance and general annuity business
5
1
This regulation applies if, in a section 83YC(3) period of account —
a
an insurance company carries on both gross roll-up business and basic life assurance and general annuity business, and
b
each relevant financing arrangement of the company in force in that period of account meets the loan condition (and not the reinsurance condition).
2
The part of the section 83YC(3) amount referable to gross roll-up business is —
G R B L
L A B L + P H I L
where —
“ GRBL ” is the mean of the opening and closing liabilities of the company’s gross roll-up business relating to the non-profit fund for the section 83YC(3) period of account, and
“ LABL ” and “ PHIL ” each have the same meaning as in regulation 4(2).
Other cases where relevant financing arrangements meet the reinsurance condition only: life assurance business and PHI business
6
1
This regulation applies if, in a section 83YC(3) period of account —
a
an insurance company carries on both life assurance business and PHI business, and
b
each relevant financing arrangement of the company in force in that period of account meets the reinsurance condition (and not the loan condition).
2
The part of the section 83YC(3) amount referable to life assurance business is —
L A B L + L F R A L
L A B L + P H I L + T F R A L
where —
“ LFRAL ” is the mean of the opening and closing life assurance liabilities reinsured under relevant financing arrangements relating to the non-profit fund for that period of account,
“ TFRAL ” is the mean of the total opening and closing liabilities reinsured under relevant financing arrangements relating to the non-profit fund for that period of account, and
“ LABL ” and “ PHIL ” each have the same meaning as in regulation 4(2).
Other cases where relevant financing arrangements meet the reinsurance condition only: gross roll-up business and basic life assurance and general annuity business
7
1
This regulation applies if, in a section 83YC(3) period of account —
a
an insurance company carries on both gross roll-up business and basic life assurance and general annuity business, and
b
each relevant financing arrangement of the company in force in that period of account meets the reinsurance condition (and not the loan condition).
2
The part of the section 83YC(3) amount referable to gross roll-up business is —
G R B L + G F R A L
L A B L + P H I L + T F R A L
where —
“ GFRAL ” is the mean of the opening and closing gross roll-up business liabilities reinsured under relevant financing arrangements relating to the non-profit fund for that period of account,
“ GRBL ” has the same meaning as in regulation 5(2),
“ LABL ” and “ PHIL ” each have the same meaning as in regulation 4(2), and
“ TFRAL ” has the same meaning as in regulation 6(2).
Relevant financing arrangements of more than one type
8
1
This regulation applies if, in a section 83YC(3) period of account —
a
an insurance company carries on —
i
both life assurance business and PHI business, or
ii
both gross roll-up business and basic life assurance and general annuity business; and
b
the relevant financing arrangements of the company in force in that period of account include —
i
at least one arrangement that meets the loan condition (and not the reinsurance condition), and
ii
at least one arrangement that meets the reinsurance condition (and not the loan condition).
2
The part of the section 83YC(3) amount referable to life assurance business is determined in accordance with regulation 6(2).
3
The part of the section 83YC(3) amount referable to gross roll-up business is determined in accordance with regulation 7(2).
The treatment of section 83YD(2) amounts
Amounts wholly attributable to life assurance business or to gross roll-up business
9
1
This regulation applies if, at the beginning of a section 83YD(2) period of account, each relevant financing arrangement of an insurance company has as a condition of the arrangement that —
a
in the case of a loan, any repayment may only be made if the company has an amount of surplus from carrying on life assurance business or gross roll-up business and the repayment is made from that surplus, or
b
in the case of a financial reinsurance arrangement, any recapture of liabilities may only be made if the company has an amount of surplus from carrying on life assurance business or gross roll-up business.
2
The section 83YD(2) amount is wholly referable to life assurance business or to gross roll-up business (as the case may be).
Other cases where relevant financing arrangements meet the loan condition only: life assurance business and PHI business
10
1
This regulation applies if, in a section 83YD(2) period of account —
a
an insurance company carries on both life assurance business and PHI business,
b
each relevant financing arrangement of the company in force in that period of account meets the loan condition (and not the reinsurance condition), and
c
there has been only one section 83YC(3) amount in that period of account and all preceding periods of account.
2
The part of the section 83YD(2) amount referable to life assurance business is a fraction of that amount, determined in accordance with regulation 4(2), for the period of account in which the section 83YC(3) amount arose in respect of the section 83YD arrangement.
Other cases where relevant financing arrangements meet the loan condition only: gross roll-up business and basic life assurance and general annuity business
11
1
This regulation applies if, in a section 83YD(2) period of account —
a
an insurance company carries on both gross roll-up business and basic life assurance and general annuity business,
b
each relevant financing arrangement of the company in force in that period of account meets the loan condition (and not the reinsurance condition), and
c
there has been only one section 83YC(3) amount in that period of account and all preceding periods of account.
2
The part of the section 83YD(2) amount referable to gross roll-up business is a fraction of that amount, determined in accordance with regulation 5(2), for the period of account in which the section 83YC(3) amount arose in respect of the section 83YD arrangement.
Other cases where relevant financing arrangements meet the reinsurance condition: life assurance business and PHI business
12
1
This regulation applies if, in a section 83YD(2) period of account —
a
an insurance company carries on both life assurance business and PHI business,
b
each relevant financing arrangement of the company in force in that period of account —
i
meets the reinsurance condition (and not the loan condition), or
ii
meets both the reinsurance condition and the loan condition, and
c
there has been only one section 83YC(3) amount in that period of account and all preceding periods of account.
2
The part of the section 83YD(2) amount referable to life assurance business is a fraction of that amount, determined in accordance with regulation 6(2), for the period of account in which the section 83YC(3) amount arose in respect of the section 83YD arrangement.
Other cases where relevant financing arrangements meet the reinsurance condition: gross roll-up business and basic life assurance and general annuity business
13
1
This regulation applies if, in a section 83YD(2) period of account —
a
an insurance company carries on both gross roll-up business and basic life assurance and general annuity business,
b
each relevant financing arrangement of the company in force in that period of account —
i
meets the reinsurance condition (and not the loan condition), or
ii
meets both the reinsurance condition and the loan condition, and
c
there has been only one section 83YC(3) amount in that period of account and all preceding periods of account.
2
The part of the section 83YD(2) amount referable to gross roll-up business is a fraction of that amount, determined in accordance with regulation 7(2), for the period of account in which the section 83YC(3) amount arose in respect of the section 83YD arrangement.
Cases involving more than one section 83YC(3) amount
14
1
This regulation applies if —
a
there has been more than one section 83YC(3) amount for a period of account (or for more than one period of account),
b
that period of account is (or those periods of account are) earlier than the section 83YD(2) period of account, and
c
regulation 9 does not apply.
2
The insurance company may claim that the section 83YD(2) amount is such a fraction of the amount determined under section 83YD(4) of the Finance Act 1989 as is just and reasonable in the circumstances.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008