text:
Citation and commencement
1
These Regulations may be cited as the Corporation Tax (Surrender of Terminal Losses on Films and Claims for Relief) Regulations 2007 and shall come into force on 27th March 2007.
Interpretation
2
In these Regulations —
“FA” followed by a year means the Finance Act of that year;
“ TMA ” means the Taxes Management Act 1970 ; and
“Part 8” means Part 8 of Schedule 18 to FA 1998 (claims for group relief).
Provision corresponding to Part 8 of Schedule 18 to FA 1998
3
The provision made by regulations 4 to 15 corresponds to the provision made by Part 8.
The Table below shows the correspondence between those regulations and the paragraphs of Part 8.
Table
Regulation Paragraph of Part 8 to which the regulation corresponds
4 66 (introduction) 5 67 (claims to be included in company tax return) 6 68 (content of claims) 7 69(claims for more or less than the amount available for surrender) 8 70 (consent to surrender) 9 71 (notice of consent) 10 72 (notice of consent requiring amendment of return) 11 73 (withdrawal or amendment of claim) 12 74 (time limit for claims) 13 75 (reduction in amount available for surrender) 14 75A (assessment on other claimant companies) 15 76 (assessment to recover excessive group relief)
Introduction of provisions on claims for relief in respect of terminal losses
4
Regulations 5 to 15 apply to claims for relief made by virtue of section 45(3) of FA 2006 (terminal losses of company A may be surrendered to company B and treated as a loss of company B).
Claim to be included in company B’s return
5
1
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B must be included in company B’s tax return for the accounting period for which the claim is made.
2
It may be included in the return originally made or by amendment.
Content of claims
6
1
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B must specify —
a
the amount of relief claimed, and
b
the name of company A.
2
The amount specified must be an amount which is quantified at the time the claim is made.
3
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B must also state whether or not there is a company mentioned in paragraph (4) that was not resident in the United Kingdom in either or both of the following periods —
a
the accounting period of company A to which the surrender relates,
b
the corresponding accounting period of company B.
4
Those companies are company A, company B and any other company by reference to which company A or company B are members of the same group.
Claims for more or less than the terminal loss available for surrender
7
1
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B may be made for less than the amount available for surrender at the time the claim is made.
2
A claim is ineffective if the amount claimed exceeds the terminal loss available for surrender at the time the claim is made.
3
For these purposes the terminal loss available for surrender is calculated as follows, subject to paragraphs (4) and (5).
First step
Determine the total amount available for surrender under section 45 of FA 2006 —
a
on the basis of the information in company A’s company tax return, and
b
disregarding any amendments whose effect is deferred under paragraph31(3) of Schedule 18 to FA 1998.
Second step
Then deduct the total of all amounts for which notices of consent have been given by company A and not withdrawn.
4
Where one or more claims are withdrawn on the same day as one or more claims are made, the withdrawals are given effect first.
5
Where more than one claim is made on the same day, and the claims together take the amount claimed over the limit of what is available for surrender, an officer of Revenue and Customs may determine which of the claims is to be ineffective.
Consent to surrender
8
1
A claim for terminal loss surrendered by company A as if it were a loss brought forward by company B requires the consent of company A.
2
The necessary consent must be given —
a
by notice in writing,
b
to the officer of Revenue and Customs to whom company A makes its company tax returns,
c
at or before the time the claim is made.
Otherwise the claim is ineffective.
3
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B is ineffective unless it is accompanied by a copy of the notice of consent to surrender given by company A.
Notice of consent
9
1
Notice of consent by company A must contain all of the following details —
a
the name of company A;
b
the name of company B;
c
the amount of the terminal loss being surrendered;
d
the accounting period of company A to which the surrender relates;
e
the tax district references of company A and company B.
Otherwise the notice is ineffective.
2
A notice of consent may not be amended, but it may be withdrawn and replaced by another notice of consent.
3
A notice of consent may be withdrawn by notice to the officer of Revenue and Customs to whom the notice of consent was given.
4
Except where the consent is withdrawn under regulation 13 (withdrawal in consequence of reduction of the amount available for surrender), the notice of withdrawal must be accompanied by a notice signifying the consent of company B to the withdrawal.
Otherwise the notice is ineffective.
5
Company B must, so far as it may do so, amend its company tax return for the accounting period for which the claim was made so as to reflect the withdrawal of consent.
Notice of consent requiring amendment of return
10
1
Where notice of consent by company A is given after that company has made a company tax return for the period to which the surrender relates, company A must at the same time amend its return so as to reflect the notice of consent.
2
Where a notice of consent given by company A relates to a loss in respect of which relief has been given to company A, company A must at the same time amend its tax return for the period or, if more than one, each of the periods in which relief for that loss has been given in accordance with section 45(2) of FA 2006 so as to reflect the new notice of consent.
3
The time limits otherwise applicable to amendment of a company tax return do not prevent an amendment being made under paragraph (1) or (2).
4
But if company A fails to comply with paragraph (1) or (2), the notice of consent is ineffective.
Withdrawal or amendment of claim
11
1
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B may be withdrawn by company B only by amending its company tax return.
2
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B may not be amended by company B, but must be withdrawn and replaced by another claim.
Time limit for claims
12
1
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B may be withdrawn by company B at any time up to whichever is the last of the following dates —
a
the first anniversary of the filing date for the company tax return of company B for the accounting period for which the claim is made;
b
if notice of enquiry is given into that return, 30 days after the enquiry is completed;
c
if after such an enquiry an officer of Revenue and Customs amends the return under paragraph 34(2) of Schedule 18 to FA 1998, 30 days after the date on which the amendment is issued;
d
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
2
A claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B may be made or withdrawn at a later time if an officer of Revenue and Customs allows it.
3
The time limits otherwise applicable to amendment of a company tax return do not apply to an amendment to the extent that it makes or withdraws a claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B within the time allowed by this regulation.
4
The references in paragraph (1) to an enquiry into a company tax return do not include an enquiry restricted to a previous amendment making or withdrawing a claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B.
An enquiry is so restricted if —
a
the scope of the enquiry is limited as mentioned in paragraph 25(2) of Schedule 18 to FA 1998 (limiting scope of enquiry into a company tax return);
b
the amendment giving rise to the enquiry consisted of the making or withdrawal of a claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B.
Reduction in amount available for surrender
13
1
This regulation applies if, after company A has given one or more notices of consent to a claim by company B to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B, the total available to be so treated is reduced to less than the amount stated in the notice, or the total amount of the amounts stated in the notices, as being available to be so treated.
2
Company A must within 30 days withdraw the notice of consent, or as many of the notices as is necessary to bring the total amount surrendered within the new total amount available to be treated as a loss carried forward by company B, and may give one or more new notices of consent.
3
Company A must give notice in writing of the withdrawal of consent, and send a copy of any new notice of consent —
a
to each of the companies affected; and
b
to an officer of Revenue and Customs.
4
If company A fails to act in accordance with paragraph (2) an officer of Revenue and Customs may by notice to company A give such directions as he thinks fit as to which notice or notices are to be ineffective or are to have effect in a lesser amount.
The power shall not be exercised to any greater extent than is necessary to secure that the total amount stated in the notice or notices is consistent with the total amount available to be treated as a loss carried forward by company B by virtue of section 45 of FA 2006.
5
An officer of Revenue and Customs must at the same time send a copy of the notice to company B.
6
Company B upon receipt of —
a
a notice of the withdrawal of consent, or a copy of a new notice of consent under paragraph (3), or
b
a copy of a notice containing directions by an officer of Revenue and Customs under paragraph (4),
must, so far as it may do so, amend its company tax return for the accounting period for which the claim is made so that it is consistent with the new position with regard to consent to surrender.
7
Company A may appeal against any directions given by an officer of Revenue and Customs under paragraph (4).
8
Notice of appeal must be given —
a
in writing,
b
within 30 days after the notice containing the directions was issued,
c
to the officer of Revenue and Customs by whom the notice was given.
Assessment on other claimant companies
14
1
This regulation applies where, after company A has given notice of consent to surrender, company B has become liable to tax in consequence of receiving —
a
notice of the withdrawal of consent, or a copy of a new notice of consent under regulation 13(3); or
b
a copy of a notice containing directions by an officer of Revenue and Customs under regulation 13(4).
2
If any of the tax is unpaid six months after company B’s time limit for claims, an officer of Revenue and Customs may make an assessment to tax in the name of company B on any other company which has obtained relief as a result of the surrender.
3
The assessment must not be made more than two years after that time limit.
4
The amount of the assessment must not exceed —
a
the amount of the unpaid tax, or
b
if less, the amount of tax which the other company saves by virtue of the surrender.
5
A company assessed to an amount of tax under paragraph (2) is entitled to recover from company B —
a
a sum equal to that amount, and
b
any interest on that amount which it has paid under section 87A of TMA (interest on unpaid corporation tax) .
6
For the purposes of this regulation company B’s time limit for claims is the last of the dates mentioned in regulation 12(1) on which company B could make or withdraw a claim to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B.
Assessment to recover excess relief
15
1
If an officer of Revenue and Customs discovers that any relief given in respect of a claim by company B to treat the terminal loss surrendered by company A as if it were a loss brought forward by company B is or has become excessive, he may make an assessment to tax which in his opinion ought to be charged.
2
This power —
a
is in addition to the power to make a discovery assessment under paragraph 41(1) of Schedule 18 to FA 1998; and
b
does not prevent the making of such adjustments by way of discharge or repayment of tax or otherwise as may be required where company B has obtained too much relief, or company A has forgone relief in respect of a corresponding amount.
3
If an assessment under this regulation is made because company B fails, or is unable, to amend its company tax return under regulation 13(6), the assessment is not out of time if it is made within one year from —
a
the date on which company A gives notice of the withdrawal of consent, or (if later) sends a new notice of consent, to company B under regulation 13(3), or
b
the date on which an officer of Revenue and Customs sends the company B a copy of a notice containing his directions under regulation 13(4).
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2007


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Our Lady Star of the Sea Catholic Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Our Lady Star of the Sea Catholic Primary School, Capenhurst Lane, Whitby, Ellesmere Port, South Wirral, 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 Roman Catholic.
JulianButcher
A Deputy Director in the
Department for Children, Schools and Families
10th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2007 and shall come into force on 2nd April 2007.
Amendment of the Motor Cars (Driving Instruction) Regulations 2005
2
1
The table in regulation 17 of The Motor Cars (Driving Instruction) Regulations 2005 is amended as follows.
2
In item 1, in column 3 for “£50” substitute “£75”.
3
In item 2 —
a
in column 2 omit “ — prior to 1st April 2006” and “ — on and from 1st April 2006”;
b
in column 3 for “£79” and “£82” substitute “£85”.
4
In item 3 —
a
in column 2 —
i
insert “the” between “to” and “instructional ability”,
ii
omit “ — prior to 1st April 2006” and “ — on and from 2nd April 2006”;
b
in column 3 for “£79” and “£82” substitute “£85”.
Signed by the authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
28th February 2007


text:
Citation, commencement and revocation
1
1
These Rules may be cited as the Greater London Authority Elections Rules 2007 and will come into force on 14th January 2008
2
The following Rules are revoked —
a
the Greater London Authority Elections (No.2) Rules 2000 ;
b
the Greater London Authority Elections (No.2) (Amendment) Rules 2000 ;
c
the Greater London Authority Elections (Amendment) Rules 2001 ; and
d
the Greater London Authority Elections (Amendment) Rules 2004 .
Interpretation
2
1
In these Rules —
“ 1983 Act ” means the Representation of the People Act 1983;
“ 1999 Act ” means the Greater London Authority Act 1999 ;
“ 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“ 2006 Act ” means the Electoral Administration Act 2006 ;
“appropriate form” means, in relation to a particular rule, the form relevant to that rule set out in the Forms Schedule or where more than one form is so set out, the form indicated by the relevant rule as being appropriate to the particular circumstances;
“Assembly constituency” means a constituency area specified in an order made under section 2(4) of the 1999 Act;
“Authority election” means an election, whether at an ordinary election or in the circumstances mentioned in sections 10, 11 or 16 of the 1999 Act (filling a vacancy in an Assembly constituency or the office of Mayor), held under —
the Constituency Members Election Rules ,
the London Members Election Rules , or
the Mayoral Election Rules ;
“ Combination of Polls Regulations ” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
“ Combined Manual Count Rules ” means the Rules in Schedule 8;
“constituency member” has the same meaning as in section 2 of the 1999 Act;
“Constituency Members Election Rules” means the Rules in Schedule 1 or 5;
“ CRO ” (constituency returning officer) means, in relation to an Assembly constituency and an election, the person (or person fitting the description) for the time being designated by an order under section 35(2B) of the 1983 Act;
“elector”, except where the context provides otherwise, has the same meaning as in section 202 of the 1983 Act;
“election booklet” has the same meaning as in article 7 of the Greater London Authority Elections (Election Addresses) Order 2003 ;
“electronic counting system” means such computer hardware, software and other equipment or services as may be provided by the GLRO to the CRO in accordance with the rules applying at the election, for the purpose of counting the number of ballot papers to verify the ballot paper accounts and to count the votes cast on them;
“European Parliamentary election” has the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“Forms Schedule” means Schedule 10;
“GLRO” (Greater London returning officer) means the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act (returning officer at the election of the Mayor and London Members);
“local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;
“London Assembly” has the same meaning as in section 2 of the 1999 Act;
“London members” has the same meaning as in section 2 of the 1999 Act;
“London Members Election Rules” means the Rules in Schedule 2 or 6;
“ Manual Count Rules ” means the Rules in Schedule 4;
“Mayor” means the Mayor of London.
“mayoral by-election” means an election for the Mayor or London held in the circumstances mentioned in section 16 (filling a vacancy in the office of Mayor) of the 1999 Act;
“mayoral election” means an election for the return of the Mayor, whether at an ordinary election or an election held in the circumstances mentioned in section 16 (filling a vacancy in the office of Mayor) of the 1999 Act;
“Mayoral Election Rules” means the Rules in Schedule 3 or 7;
“Notices Schedule “ means the rules in Schedule 9;
“referendum” means a referendum conducted under the Referendum Regulations ;
“Referendum Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ;
“relevant registration officer” means the registration officer within the meaning of subsection (3)(a) of section 44 of the 2006 Act, or appointed by an order made under subsection (3)(b) of that section;
“ ward” has the same meaning as in paragraph 7(1) of Schedule 2 to the Local Government Act 1972 .
2
References in these rules —
a
to the CRO include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act, and
b
to the GLRO include references to any person appointed by him under that subsection.
3
Other expressions used both in these Rules and in Part 1 (the Greater London Authority) of the 1999 Act have the same meaning in these Rules as they have in that Part.
Rules for Authority elections
3
1
Subject to rules 4, 5 and 7, Authority elections shall be conducted in accordance with the rules specified in paragraphs (2) to (4) of this rule.
2
The Constituency Members Election Rules in Schedule 1 have effect for the purposes of any election of constituency members at an ordinary election, and any election under section 10 (filing a vacancy in an Assembly constituency) of the 1999 Act.
3
The London Members Election Rules in Schedule 2, with the exception of Part 7, have effect for the purposes of any election of London members; and Part 7 of those rules has effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act.
4
The Mayoral Election Rules in Schedule 3 have effect for the purposes of any election of the Mayor of London at an ordinary election, and any election under section 16 (filing a vacancy in the office of Mayor) of the 1999 Act.
Modification to the Rules where votes are counted manually
4
Where some or all of the votes cast at a Authority election to which rule 3 applies, are to be counted without the use of an electronic counting system, the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules have effect, with respect to those votes counted manually, subject to the modifications set out in the Manual Count Rules in Schedule 4.
Rules for Authority elections combined with a relevant election or referendum
5
1
This rule applies to an Authority election that is taken together with the poll at —
a
a parliamentary election, European Parliamentary election or local government election (other than an Authority election), under section 15(1) or (2) of the Representation of the People Act 1985 ; or
b
a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 .
2
For the purposes of an election to which this rule applies —
a
rules 3 and 4 will not apply; and
b
subject to rules 6 and 7, the election must be conducted in accordance with the rules specified in paragraphs (3) to (5) of this rule.
3
The Constituency Members Election Rules in Schedule 5 have effect for the purposes of any election of constituency members of the London Assembly at an ordinary election, and any election under section 10 (filing a vacancy in an Assembly constituency) of the 1999 Act.
4
The London Members Election Rules in Schedule 6, with the exception of Part 7, have effect for the purposes of any election of London members; and Part 7 of those rules has effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act.
5
The Mayoral Election Rules in Schedule 7 have effect for the purposes of any election of the Mayor of London at an ordinary election, and any election under section 16 (filing a vacancy in the Office of Mayor) of the 1999 Act.
Modifications to the combined Rules where votes are counted manually
6
Where some or all of the votes cast at an Authority election to which rule 5 applies, are to be counted without the use of an electronic counting system, then Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules have effect, with respect to those votes counted manually, subject to the modifications in the Combined Manual Count Rules.
Modifications to the election timetable at by-elections
7
1
For the purposes of a constituency member or mayoral by-election, for the timetable in rule 3 of —
a
the Constituency Members Election Rules in Schedule 1 or 5;
b
the Mayoral Election Rules in Schedule 3 or 7,
substitute —
By-election timetable
Proceedings Time
Publication of notice of election Not later than the twenty-fifth day before the day of election. Delivery of nomination papers Not later than noon on the nineteenth day before the day of election. Publication of statement as to persons nominated Not later than noon on the seventeenth day before the day of election. Delivery of notices of withdrawals of candidature Not later than noon on the sixteenth day before the day of election. Notice of poll Not later than the sixth day before the day of election. Polling Between the hours of 7 in the morning and 10 at night on the day of election.
Notices
8
Schedule 9 (requirements for notices for guidance of voters) has effect.
Forms
9
Schedule 10 (forms) has effect.
Returning officers’ duties
10
1
At an ordinary election, it is the duty of the CROs and the GLRO to co-operate with each other in the discharge of their functions.
2
Where a poll is to be taken —
a
for the return of the London members; or
b
for the return of the Mayor,
it is the duty of CROs to perform any of the functions they are required to perform by the rules applying to those elections, including verifying the ballot papers at the poll (or each poll if both are to be taken) and counting the votes cast in that poll (or each poll, if both are to be taken).
GLRO’s power of direction
11
1
The GLRO may give to any CRO a direction —
a
as to the manner in which he must discharge any of his functions set out in these Rules; or
b
requiring him to provide the GLRO with any information which the CRO has or is entitled to have in accordance with these rules,
relating to election.
2
It is the duty of each CRO to whom a direction is given under paragraph (1) to discharge his functions in accordance with that direction.
3
Without prejudice to the generality of the preceding provisions of this rule, a GLRO may exercise the power conferred by paragraph (1) to give the directions set out in paragraph (4) subject to the requirements in paragraphs (5) and (6).
4
The GLRO may direct the CRO to —
a
include alternative information in the appropriate form of postal voting statement, in place of the paragraphs beneath the heading “Instructions to the voter”;
b
issue additional information to those entitled to vote by post; or
c
exercise his discretion to include additional information in poll cards.
5
Where the GLRO has decided to direct the CRO in accordance with paragraph (4), he must —
a
supply the alternative or additional information which the CRO is to issue to voters either electronically or in a printed form; and
b
direct the CRO in writing as to how the information is to be used,
by no later than the date of the notice of election.
6
Where the CRO does not discharge the functions specified in regulation 5 (functions at combined polls) of the Combination of Polls Regulations, the GLRO may give a direction under paragraph (4) to the returning officer who does discharge those functions.
7
The alternative or additional information supplied under (5)(b) must —
a
comply with paragraph 4 of the Notices Schedule (as though that information were to be included in a notice);
b
and must relate to —
i
the system of voting at the Authority election;
ii
how many votes a voter has at each Authority election;
iii
the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any candidate.
8
For the purposes of this rule —
a
“postal voting statement”; and
b
“poll card”,
mean the documents issued under the relevant rules in the Schedule pertaining to the election, and set out in the Forms Schedule.
Signed by authority of the Secretary of State.
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
17th December 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2007.
2
These Regulations come into force on 6 th April 2007.
3
These Regulations apply in relation to England only.
Amendment to the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
1
The Welfare of Animals (Slaughter or Killing) Regulations 1995 are amended as follows.
2
For regulation 15, substitute —
The killing of animals elsewhere than in a slaughterhouse or knacker’s yard
15
1
Subject to sub-paragraph (2) and regulations 16 to 19, where any soliped, ruminant, pig, rabbit or bird is killed elsewhere than in a slaughterhouse or knacker’s yard, it shall be killed in accordance with Parts I and III of Schedule 5.
2
Schedule 7A (killing birds by exposure to gas mixtures elsewhere than in a slaughterhouse) has effect.
.
3
In paragraph 11 of Schedule 3 —
a
before sub-paragraph (a), insert “(aa) the use of such an instrument is avoided as far as possible”; and
b
for sub-paragraph (a), substitute —
a
the shocks last no more than one second each, are adequately spaced out and are not used repeatedly if the animal fails to respond;
.
4
In paragraph 13 of Schedule 5, for sub-paragraphs (c) and (d) substitute —
c
for birds only, decapitation or dislocation of the neck;
d
exposure of pigs and birds to gas mixtures at a slaughterhouse in accordance with Schedule 7; or
e
exposure of birds to carbon dioxide or gas mixtures elsewhere than at a slaughterhouse or knacker’s yard in accordance with Schedule 7A
.
5
After Schedule 7, insert —
SCHEDULE 7A
Killing Birds by Exposure to Gas Mixtures Elsewhere than in a Slaughterhouse
Regulation 15(2)
PART I Interpretation
1
In this Schedule —
“bird” means any domestic fowl, turkey, pheasant, quail, partridge, goose, duck or guinea fowl;
“bird shed” means a building designed and constructed to house birds that has been sealed so as to be capable of containing the gas mixture mentioned in combination 1 in the table in Part V;
“breeder hen” means a domestic fowl which has reached laying maturity and is kept for production of eggs intended for hatching;
“chamber” means a bird shed or gas container in which end of lay hens, end of life breeder hens or birds are killed by exposure to gas or gas mixtures mentioned in the second column of the table in Part V;
“end of lay hen” means a laying hen no longer required for the production of eggs;
“end of life breeder hen” means a breeder hen no longer required for the production of hatching eggs;
“gas container” means a receptacle capable of containing the gas mixtures mentioned in combinations 2 or 3 in the table in Part V;
“gas mixture” means any of the combinations of gases listed in Part V;
“laying hen” means a domestic fowl which has reached laying maturity and is kept for production of eggs not intended for hatching;
PART II End of lay hens and end of life breeder hens
2
1
Subject to paragraphs (2) and (3), end of lay hens and end of life breeder hens may be killed on premises where they have been kept as laying or breeder hens by exposure to gas mixtures in accordance with Part V of this Schedule.
2
The owner of the end of lay hens or the end of life breeder hens must give the Secretary of State a minimum of five working days’ notice specifying —
a
the owner’s name and address;
b
the address of the premises at which the killings will take place;
c
the date on which the killings will take place;
d
which of the combinations of gas and chamber listed in the table in Part V of this Schedule is intended to be used for the killings;
e
the number and age of hens being killed and whether kept as laying or breeder hens.
3
Part IV of this Schedule applies to the killing of end of lay hens and end of life breeder hens permitted by this paragraph.
PART III Killing where there is a restriction on movement
3
1
The Secretary of State may authorise the killing of birds elsewhere than in a slaughterhouse by exposure to gas mixtures in accordance with Part V of this Schedule if —
a
an event occurs in Great Britain that makes the movement of birds from the premises where they have been kept to a slaughterhouse impracticable; and
b
it is foreseeable that the welfare of the birds will be compromised as a result of the restrictions on their movement.
2
An authorisation issued under this paragraph —
a
must be in writing;
b
may be general or specific;
c
is subject to the conditions set out in sub-paragraph (3);
d
may include such other conditions as may be specified in the authorisation; and
e
may at any time be amended, suspended or revoked by notice in writing —
i
in the case of a general authorisation, by publication in such manner as the Secretary of State sees fit, and
ii
in the case of a specific authorisation, by service on the individual to whom the authorisation was granted.
3
The conditions referred to in sub-paragraph (2)(c) are that —
a
the occupier of the premises takes all reasonable measures to avoid welfare problems in birds affected by restrictions on their movement; and
b
following an inspection by him, a veterinary surgeon has confirmed in writing that the welfare of the birds affected by restrictions on their movement will be gravely compromised within 7 days from the date of the inspection.
4
Part IV of this Schedule applies to the killing of birds authorised by this paragraph.
5
No person shall kill birds by exposure to gas mixtures elsewhere than in a slaughterhouse except where authorised to do so in accordance with this paragraph.
PART IV The chamber
Chamber operator
4
1
No person may operate a chamber unless he has been assessed competent to do so under Schedule 1 to these Regulations.
2
No person may operate a chamber consisting of a bird shed except under the direct supervision of a veterinary surgeon.
Construction of the chamber
5
The operator of a chamber used to kill end of lay hens, end of life breeder hens or birds must ensure that the chamber is —
a
designed, adapted, constructed, and maintained so as to avoid injury to the hen or bird;
b
fitted with an apparatus that can deliver gas mixtures to the chamber in accordance with the combinations listed in the table in Part V of this Schedule;
c
fitted with devices which —
i
measure and display the maximum concentration by volume of oxygen in the gas mixture mentioned in combination 3 in that table or the minimum concentration by volume of carbon dioxide mentioned in combination 1 or 2 of that table as a percentage at the point of minimum concentration in the chamber;
ii
where combination 3 in that table is used, give clearly visible or audible warning signals where the final concentration by volume of oxygen rises above 5% for more than 30 seconds; and
iii
where combination 1 or 2 in that table is used, give clearly visible or audible warning signals where the final concentration by volume of carbon dioxide falls below 45% for more than 30 seconds; and
d
fitted with a means of visually monitoring birds or hens in the chamber.
Operation of the chamber
6
The operator of the chamber must ensure that —
a
every person engaged in the killing is instructed as to the method of operation of the chamber;
b
end of lay hens, end of life breeder hens and birds are —
i
rapidly rendered insensible to pain or distress; and
ii
exposed to the gas mixtures mentioned in the second column of the table in Part V long enough to ensure they are killed and in any event for a period of —
aa
where combination 1 in that table is used, not less than 5 minutes;
bb
where combination 2 in that table is used, not less than 2 minutes;
cc
where combination 3 in that table is used, not less than 90 seconds;
c
should the visible or audible warning signals provided for in paragraph 5(c)(ii) be activated, more of the gas mixture is immediately supplied to the chamber until the required concentrations are achieved; and
d
after exposure to a gas mixture nothing more is done to an end of lay hen, an end of life breeder hen or bird until it is ascertained that it is dead.
PART V Combinations of gas mixtures and chamber
7
Birds, end of lay hens and end of life breeder hens shall be killed by exposure to one of the combinations of gas mixture and chamber specified in the table below.
Combination table
Gas mixture Chamber
Combination 1 Carbon dioxide in a concentration of not less than 45% carbon dioxide by volume in atmospheric air bird shed Combination 2 Carbon dioxide in a concentration of not less than 45% carbon dioxide by volume in atmospheric air gas container Combination 3 Any mixture of argon and carbon dioxide, or other inert gas and carbon dioxide, in atmospheric air where —
the concentration of the argon, or the other inert gas, does not exceed 80% by volume;
the concentration of carbon dioxide does not exceed 20% by volume; and
the final concentration of oxygen does not exceed 5% by volume.
gas container
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
14th February 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Tameside) Order 2007 and shall come into force on 26th March 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Metropolitan Borough of Tameside except —
a
the entire length of the M60 within the borough, including its on and off slip roads; and
b
the entire length of the M67 within the borough, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
26th February 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Nutrition and Health Claims (England) Regulations 2007, apply in relation to England only and come into force on 1st October 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” does not include —
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); or
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change;
“port health authority” means —
in relation to the London port health district, the Common Council of the City of London, and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 , a port health authority for that district constituted by order under section 2(4) of that Act;
“the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods .
2
Expressions used in these Regulations and in the Regulation have the same meaning in these Regulations as they do in that Regulation.
3
Any reference to a numbered Article is a reference to the Article so numbered in the Regulation.
Competent Authorities
3
The competent authority for the purposes of the Regulation —
a
in relation to Articles 1(4), 15(2), 16(2) and 18(2) is the Food Standards Agency, and
b
in relation to Article 6(3) is —
i
each port health authority in its district, and
ii
outside such districts, each food authority in its area.
Enforcement
4
Each port health authority within its district and each food authority within its area shall execute and enforce the provisions of these Regulations and of the Regulation.
Offences and Penalties
5
1
Subject to the derogation contained in Article 1(3) (relating to trade marks etc ) and to the transitional measures contained in Article 28, any person who contravenes or fails to comply with the provisions of the Regulation specified in paragraph (2) is guilty of an offence and liable —
a
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.
2
The specified provisions are —
a
Article 3 (general requirements relating to all claims);
b
Article 4(3) (restrictions on claims that may be made on alcoholic beverages);
c
Article 6(2) (requirement for use of claims to be justified);
d
Article 7 (requirements for nutrition information);
e
Article 8(1) (requirements for nutrition claims);
f
Article 9 (requirements for comparative claims);
g
Article 10(1), (2) and (3) (requirements for health claims);
h
Article 12 (prohibition of certain health claims); and
i
Article 14(2) (requirements for reduction of disease risk claims).
Application of various provisions of the Act
6
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc);
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to the fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 34 (time limit for prosecution);
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).
Obstruction of officers and provision of information etc
7
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him,
is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or both.
2
Any person who, in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly provides information that is false or misleading in any material particular, is guilty of an offence and liable —
a
on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Amendment of the Food Labelling Regulations
8
1
The Food Labelling Regulations 1996 are amended in relation to England in accordance with paragraph (2).
2
After paragraph (4) of regulation 41, insert the following paragraph —
5
Nothing in regulation 40 or in Schedule 6 or 8 shall operate to prohibit or, as the case may be, restrict a claim made in accordance with the conditions of Regulation (EC) 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods .
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
18th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 and shall come into force on 6th April 2007.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
2
1
Amend the Personal Pension Schemes (Disclosure of Information) Regulations 1987 as follows.
2
In Schedule 2 (information to be made available to individuals) —
a
omit sub-paragraphs (b) and (c) of paragraph 1; and
b
in paragraph 5 for “regulation 10(12) of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987” substitute “regulation 12(12) of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (death of member before effect given to his protected rights)”.
3
In Schedule 3 (other information), in paragraph 4 for “regulation 2(1)(b) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988” substitute “regulation 2(2)(b) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 ”.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
3
1
Amend the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 as follows.
2
For regulation 5 (short service benefit in lump sum form) substitute —
5
For the purposes of section 71(6) of the Act (basic principle as to short service benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of short service benefit in the form of a lump sum before normal pension age are that the payment of a lump sum to the member is permitted in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004 (lump sum rule).
.
3
In regulation 8 (early retirement or deferred retirement) for paragraph (2) substitute —
2
The member’s benefit must not be payable before normal pension age except in the circumstances where the member has either —
a
met the ill-health condition specified in paragraph 1 of Schedule 28 to the Finance Act 2004 (registered pension schemes – defined benefits and money purchase arrangements – ill health condition) immediately before he became entitled to the benefit under the scheme; or
b
attained normal minimum pension age as defined in section 279 of that Act (other definitions).
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
4
1
Amend the Occupational Pension Schemes (Contracting-out) Regulations 1996 as follows.
2
In regulation 1(2) (interpretation) for the definition of “overseas scheme” substitute —
“overseas scheme” means an occupational pension scheme which has its main administration outside the member States but does not include a scheme which is contracted-out in the Isle of Man by virtue of satisfying section 9(2) or (3) of the 1993 Act as it has effect in the Isle of Man .
.
3
In regulation 62(2) (fixed rate revaluation of guaranteed minimum pensions for early leavers) —
a
in sub-paragraph (e) for “6th April 2002, 4.5 per cent.” substitute “6th April 2002 but before 6th April 2007, 4.5 per cent.”; and
b
after sub-paragraph (e) add —
f
where that period of service terminates on or after 6th April 2007, 4 per cent. compound.
.
Amendment of the Protected Rights (Transfer Payment) Regulations 1996
5
1
Amend the Protected Rights (Transfer Payment) Regulations 1996 as follows.
2
In regulation 1(2) (interpretation) for the definition of “overseas scheme” substitute —
“overseas scheme” means —
an occupational pension scheme which has its main administration outside the member States; or
a European pensions institution as defined in section 293(8) of the Pensions Act 2004 (functions of Regulator in relation to institutions administered in other member States),
but does not include one which is contracted-out within the meaning of section 7(3) of the 1993 Act nor one in respect of which section 53 of the 1993 Act applies by virtue of section 52(1) of that Act.
.
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations 1996
6
1
Amend the Contracting-out (Transfer and Transfer Payment) Regulations 1996 as follows.
2
In regulation 1(2) (interpretation) for the definition of “overseas scheme” substitute —
“overseas scheme” means —
an occupational pension scheme which has its main administration outside the member States; or
a European pensions institution as defined in section 293(8) of the Pensions Act 2004 (functions of Regulator in relation to institutions administered in other member States),
but does not include a salary-related contracted-out scheme nor one in respect of which section 53 of the 1993 Act applies by virtue of section 52(1) of that Act.
.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
7
1
Amend the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 as follows.
2
In regulation 8 (giving effect to protected rights by the provision of a lump sum) omit paragraph (2).
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
8
1
Amend the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 as follows.
2
In regulation 5 (information to be made available to individuals) —
a
in paragraph (12ZA) for “(except excluded persons), within a reasonable period after the date” substitute “(except excluded persons), on, or before, or within a reasonable period after, the date”; and
b
after paragraph (15) add —
16
The requirement in paragraph (12ZA) does not apply in relation to a member or beneficiary whose only entitlement to benefits under the scheme is, or will be, to money purchase benefits.
.
Amendment of the Divorce etc. (Notification and Treatment of Pensions) (Scotland) Regulations 2000
9
1
Amend the Divorce etc. (Notification and Treatment of Pensions) (Scotland) Regulations 2000 as follows.
2
In regulation 1 (citation, commencement and interpretation) in paragraph (3) for the definition of “the other party” substitute —
“the other person” means the other person to a marriage or civil partnership.
.
3
In regulations 2(2) to (4), and 3 to 6 for “party”, wherever it occurs, substitute “person”.
Amendment of the Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000
10
1
Amend the Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000 as follows.
2
In regulation 3 (circumstances in which an agreement is to be entered into, in order to be considered a “qualifying agreement”) after “divorce” insert “or dissolution of a civil partnership”.
3
In regulation 4 (prescribed form of provision) for paragraph (c) substitute —
c
a statement by the transferor and the transferee that they have received confirmation from the Secretary of State that shareable state scheme rights are held in the name of the transferor and that on the —
i
grant of decree of divorce;
ii
declarator of nullity of marriage;
iii
dissolution of civil partnership; or
iv
declarator of nullity of civil partnership,
a pension sharing agreement will be implemented.
.
4
In regulation 5 (circumstances in which an agreement is to be entered into, in order to be considered a “qualifying agreement”) after “divorce” insert “or dissolution of a civil partnership”.
Amendment of the Stakeholder Pension Schemes Regulations 2000
11
1
Amend the Stakeholder Pension Schemes Regulations 2000 as follows.
2
In regulation 14 (charges and other permitted reductions in members’ rights) —
a
in paragraph (1) for “paragraphs (2) to (5)” substitute “paragraphs (2) to (5A)”; and
b
after paragraph (5) insert —
5A
The value of a member’s rights under the scheme may be reduced by the amount of any payment made to discharge the liability of the trustees or managers in respect of any tax liability under the Finance Act 2004 in relation to that member.
.
Amendment of the Occupational Pension Schemes (Winding up etc.) Regulations 2005
12
1
Amend the Occupational Pension Schemes (Winding up etc.) Regulations 2005 as follows.
2
In regulation 3(1) (schemes to which section 73 of the Pensions Act 1995 does not apply) —
a
in sub-paragraph (j), for head (i) substitute —
i
the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or
;
b
in sub-paragraph (k) —
i
for head (i) substitute —
i
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors who are members of the scheme; or
;
ii
at the end of head (ii) insert “or”;
c
at the end of sub-paragraph (l) omit “or”; and
d
omit sub-paragraph (m).
3
In regulation 8(4)(a) (entitlement to death benefits treated as arising before commencement of winding up period) for “former spouse” substitute “former spouse, former civil partner”.
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005
13
1
Amend the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 as follows.
2
In regulation 2 (prescribed schemes) —
a
in paragraph (1) —
i
in sub-paragraph (f)(i) for “all decisions which fall to be made by the trustees are made by unanimous agreement by” substitute “any decision made by the trustees is made by the unanimous agreement of”;
ii
in sub-paragraph (g) —
aa
for “where a company is a trustee” substitute “where a company is the sole trustee”;
bb
in head (i) for “are made by the unanimous agreement of all the directors” substitute “is made by the unanimous agreement of the directors”;
cc
in head (ii) for “one of the directors is a trustee who” substitute “one of the directors of the company”;
iii
at the end of sub-paragraph (j) insert “or”;
iv
at the end sub-paragraph (k) omit “or”; and
v
omit sub-paragraph (l); and
b
in paragraph (2) for “paragraph 1(a) to (l)” substitute “paragraph 1(a) to (k)”.
Amendment of the Pension Schemes (Categories) Regulations 2005
14
1
Amend the Pension Schemes (Categories) Regulations 2005 as follows.
2
In regulation 2 (prescription of certain pension schemes as occupational pension schemes) after paragraph (5) add —
6
This regulation applies to the Pilots’ National Pension Fund which is a pilots’ benefit fund established under byelaws made by the Trinity House of Deptford Strond under section 15(1)(i) of the Pilotage Act 1983 .
.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005
15
1
Amend the Occupational Pension Schemes (Scheme Funding) Regulations 2005 as follows.
2
In regulation 17(1) (exemptions-general) —
a
in sub-paragraph (h) —
i
for “a scheme which has” substitute “a scheme with”;
ii
in head (i) for “all decisions which fall to be made by the trustees are” substitute “any decision made by the trustees is”; and
iii
in head (ii), for “who is an independent trustee” substitute “who is independent”; and
b
in sub-paragraph (i) —
i
for “a scheme which has” substitute “a scheme with”;
ii
for “where a company is a trustee” substitute “where a company is the sole trustee”;
iii
in head (i), for “is made only by the unanimous agreement” substitute “is made by the unanimous agreement”; and
iv
in head (ii), for “one of the directors is a trustee who” substitute “one of the directors of the company”.
3
In Schedule 3 (supplementary and consequential provisions) in paragraph 3(2) —
a
for “paragraph (1)(b)” substitute “sub-paragraph (1)(b)”;
b
for “(except excluded persons)” substitute “(except excluded persons or a member or beneficiary whose only entitlement to benefits under the scheme is, or will be, to money purchase benefits)”; and
c
for sub-paragraph (c) substitute —
c
an estimate by the actuary of the solvency of the scheme, or, if the actuary has made more than one estimate of solvency, the latest such estimate;
d
whether any payment has been made to the employer under section 37 of the 1995 Act —
i
in the case of the first summary funding statement issued in respect of the scheme, in the 12 months preceding the date on which it is prepared, and
ii
in the case of any subsequent summary funding statement, since the date of the last such statement,
and, if so, the amount of the payment.
.
4
In Schedule 4 (transitional provisions and savings) in paragraph 3 —
a
in sub-paragraph (4) omit “and the trustees or managers have determined before that date” to the end of that sub-paragraph; and
b
in sub-paragraph (5) for “the effective date they have determined” substitute “an effective date which is no earlier than 22nd September 2005 and not more than three years after the effective date of the last valuation they received under the 1995 Act.”.
Amendment of the Occupational Pension Schemes (Investment) Regulations 2005
16
1
Amend the Occupational Pension Schemes (Investment) Regulations 2005 as follows.
2
In regulation 1 (citation, commencement and interpretation) in paragraph (2)(a)(i) in the definition of “small scheme” for “by unanimous agreement by” substitute “by the unanimous agreement of ”.
3
In regulation 12(1) (restrictions on employer-related investments) for “applies to trust schemes” substitute “applies to schemes”.
Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005
17
1
Amend the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005 as follows.
2
In regulation 10(8) (postponement) for “given in regulation 11” substitute “given in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005 (meaning of “European employer” and “host member State” in Part 7 of the Pensions Act 2004).”.
3
Omit regulation 11 (meaning of “European employer”).
4
In regulation 15(1) (exemptions) —
a
in sub-paragraph (h) —
i
for “a scheme which has” substitute “a scheme with”;
ii
in head (i) for “all decisions which fall to be made by the trustees are” substitute “any decision made by the trustees is”; and
iii
in head (ii), for “who is an independent trustee” substitute “who is independent”; and
b
in sub-paragraph (i) —
i
for “a scheme which has” substitute “a scheme with”;
ii
for “where a company is a trustee” substitute “where a company is the sole trustee”;
iii
in head (i), for “is made only by the unanimous agreement” substitute “is made by the unanimous agreement”; and
iv
in head (ii), for “one of the directors is a trustee who” substitute “one of the directors of the company”.
Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005
18
1
Amend the Occupational Pension Schemes (Cross-border Activities) Regulations 2005 as follows.
2
In regulation 2 (interpretation) —
a
in paragraph (1) in the definition of “segregated multi-employer scheme” in sub-paragraph (b) for “a specified part or proportion” substitute “a specified proportion”;
b
in paragraph (3) for “Where a scheme is a segregated multi-employer scheme” substitute “Subject to paragraph (4), where a scheme is a segregated multi-employer scheme”; and
c
after paragraph (3) add —
4
This paragraph applies where —
a
a European employer is an employer in relation to a segregated multi-employer scheme;
b
that European employer is an associate of one or more employers in relation to that scheme.
5
Where paragraph (4) applies, all sections of the scheme that receive contributions from at least one of the employers referred to in that paragraph are together to be treated as a separate scheme for the purposes of regulations 7(2)(d) and 8(5).
6
In paragraph (4)(b) “associate” has the meaning given in section 435 of the Insolvency Act 1986 (associated employer).
.
3
In regulation 3 (meaning of “European employer” and “host member State” in Part 7 of the Pensions Act 2004) for paragraph (1) substitute —
1
Subject to paragraphs (2) to (4), in Part 7 of the Act “European employer” means a person who in relation to a host member State either —
a
employs qualifying persons in that member State; or
b
is a qualifying self-employed person in that member State,
and is making (or proposes to make) contributions to a scheme either in respect of a qualifying person or in respect of himself as a qualifying self-employed person.
.
4
In regulation 5 (applications for general authorisation to accept contributions from European employers: established schemes which are carrying on cross-border activity) —
a
in paragraph (1) —
i
in sub-paragraph (b) for “section 288;” substitute “section 288; or”; and
ii
after that sub-paragraph add —
c
the trustees or managers of that scheme apply, on or after 6th April 2007, to the Regulator for authorisation under section 288.
;
b
in paragraph (2) for “Subject to paragraph (3), such” substitute “Subject to paragraph (3) or (4), where the application is made before 22nd September 2008, such”; and
c
after paragraph (3) add —
4
In a case where the trustees or managers of a pre-23rd September 2005 scheme make an application on or after 22nd September 2008 —
a
where the scheme is a money purchase scheme, such an application shall be made in a form which provides the information described in paragraphs 2 and 3 of Schedule 1; or
b
where the scheme is not a money purchase scheme, such an application shall be made in a form which provides the information described in paragraphs 2 and 4 of that Schedule.
.
5
In regulation 7(2) (conditions for general authorisation to accept contributions from European employers) in sub-paragraph (d) for head (ii) substitute —
ii
where the application is made under regulation 5 —
aa
in a case where the application is made on or after 6th April 2007 but before 22nd September 2008, that the scheme to which the application relates will, in the opinion of the Regulator, meet the statutory funding objective by 22nd September 2008; or
bb
in a case where the application is made on or after 22nd September 2008, that the scheme to which the application relates meets the statutory funding objective; or
.
6
In regulation 10 (applications for approval in relation to particular European employer: established schemes which are carrying on cross-border activity) —
a
in paragraph (1) —
i
at the end of sub-paragraph (b) insert “or”; and
ii
after that sub-paragraph insert —
c
the trustees or managers of that scheme make an application for approval under section 289 in relation to one or more European employers on or after the end of that period.
.
b
in paragraph (2), for “Subject to paragraph (3), the information to be contained in the notice of intention relating to such an application,” substitute “Subject to paragraph (3) or (4), the information to be contained in the notice of intention relating to such an application, where the application is made before 22nd September 2008”; and
c
after paragraph (3) add —
4
In a case where an application is made on or after 22nd September 2008 —
a
where the scheme is a money purchase scheme, such an application shall be made in accordance with the provisions of paragraph 6(1), (2), (3) and (7) of Schedule 1; or
b
where the scheme is not a money purchase scheme, such an application shall be made in accordance with the provisions of paragraph 6(1), (2), (4) and (7) of that Schedule.
.
7
In regulation 15(3) (ring-fencing of assets) at the beginning of sub-paragraph (b)(ii) insert “within a time specified by the Regulator (subject to any extension the Regulator may subsequently grant),”.
8
After regulation 18 (consequential amendment) add —
Treatment of overseas residents: section 66A of the Pensions Act 1995
19
Where the provisions of an occupational pension scheme comply with these Regulations those provisions shall not contravene section 66A(3) of the Pensions Act 1995 to the extent that they would, apart from that section, have an effect with respect to the matters specified in paragraphs (a) to (c) of that section, which would be different according to whether that person works wholly in the United Kingdom or wholly or partly outside the United Kingdom.
.
9
In Schedule 1 (additional information to be contained in applications for authorisation or approval) in paragraph 6(7) —
i
at the end of paragraph (h) omit “and”; and
ii
after paragraph (i) add —
j
the number of members in the scheme; and
k
whether the scheme has any external, contractual-based asset manager.
.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
19
1
Amend the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 as follows.
2
In regulation 4(4) (excluded employers: occupational pension schemes) in the definition of “small occupational pension scheme” —
a
in sub-paragraph (a)(i) for “all decisions which fall to be made by the trustees are made by the unanimous agreement by” substitute “any decision made by the trustees is made by the unanimous agreement of”; and
b
in sub-paragraph (b) —
i
for “where a company is a trustee” substitute “where a company is the sole trustee”;
ii
in head (i) for “are made by the unanimous agreement of all the directors” substitute “is made by the unanimous agreement of the directors”; and
iii
in head (ii) for “one of the directors is a trustee who” substitute “one of the directors of the company”.
Amendment of the Occupational Pension Schemes (Trustees’ Knowledge and Understanding) Regulations 2006
20
1
Amend the Occupational Pension Schemes (Trustees’ Knowledge and Understanding) Regulations 2006 as follows.
2
In regulation 2 (exceptions for trustees of small schemes) —
a
in paragraph (1)(a) for “all decisions which fall to be made by the trustees are made by the unanimous agreement by” substitute “any decision made by the trustees is made by the unanimous agreement of”; and
b
in paragraph (2) —
i
for “where a company is a trustee” substitute “where a company is the sole trustee”;
ii
in sub-paragraph (a) for “made by the unanimous agreement of all the directors” substitute “made by the unanimous agreement of the directors”; and
iii
in sub-paragraph (b) for “one of the directors is a trustee who” substitute “one of the directors of the company”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006
21
1
Amend the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 as follows.
2
In regulation 1(2) (citation, commencement and interpretation) for the definition of “relevant small occupational pension scheme” substitute —
“relevant small occupational pension scheme” means a scheme with fewer than twelve members, where —
all the members are trustees of the scheme and either —
the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme, or
the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees), and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section; or
all the members are directors of a company which is the sole trustee of the scheme, and either —
the provisions of the scheme provide that any decision made by the company in its capacity as trustee are made by the unanimous agreement of the directors who are members of the scheme, or
one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the 1995 Act, and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
.
3
In regulation 2 (exemptions from requirement to have member-nominated trustees) —
a
at the end of paragraph (n) omit the word “or”; and
b
after paragraph (o) add —
p
is set up under section 18 of the Government of Wales Act 1998 ;
q
is designated as an existing scheme by virtue of article 15 of the Railway Pensions (Protection and Designation of Schemes) Order 1994 (designation of existing schemes).
.
4
In regulation 3 (prescribed exemptions from requirement to have member-nominated directors of corporate trustees) —
a
omit the word “or” at the end of paragraph (p); and
b
after paragraph (q) add —
r
is set up under section 18 of the Government of Wales Act 1998;
s
is designated as an existing scheme by virtue of article 15 of the Railway Pensions (Protection and Designation of Schemes) Order 1994.
.
5
In column 2 in the table in the Schedule —
a
in the fifth row for “ 2001/3649 ” substitute “ S.I. 2001/3649 ”; and
b
in the sixth row for “ 2002/3227 ” substitute “ S.I. 2002/2327 ”.
Revocations
22
Regulation 4 of the Occupational Pension Schemes (Winding Up) (Modification for Multi-employer Schemes and Miscellaneous Amendments) Regulations 2005 (amendment of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996) is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
12th March 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2007.
2
These Regulations shall come into force on 1st October 2007.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) in sub-paragraph (a) of the definition of “shared ownership tenancy” for “tenancy” substitute “lease”.
3
In regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after paragraph (1)(h) insert —
ha
he or his partner —
i
was a tenant under a long tenancy in respect of the dwelling; and
ii
less than five years have elapsed since that tenancy ceased,
except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing the tenancy;
.
4
In regulation 12(2)(rent) —
a
in sub-paragraph (a) omit “granted by a housing association or a housing authority”;
b
after sub-paragraph (e) insert —
f
payments by a person in respect of a dwelling where his partner is an owner of that dwelling.
.
5
In regulation 13(15) (maximum rent) —
a
after “claimant” insert “, or the claimant’s partner,”;
b
for “his” substitute “the claimant’s”.
6
In regulation 16(1)(c) (application for redetermination by rent officer) for “6 weeks” substitute “one month”.
7
After Schedule 2, paragraph 11 (excluded tenancies) insert —
11A
This paragraph applies to a shared ownership tenancy.
.
8
Paragraph (6) shall apply only to decisions notified by the relevant authority to the person affected on or after 1st October 2007.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) in sub-paragraph (a) of the definition of “shared ownership tenancy” for “tenancy” substitute “lease”.
3
In regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) after paragraph (1)(h) insert —
ha
he or his partner —
i
was a tenant under a long tenancy in respect of the dwelling, and
ii
less than five years have elapsed since that tenancy ceased,
except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing the tenancy;
.
4
In regulation 12(2)(rent) —
a
in sub-paragraph (a) omit “granted by a housing association or a housing authority”;
b
after sub-paragraph (e) insert —
f
payments by a person in respect of a dwelling where his partner is an owner of that dwelling.
.
5
In regulation 13(15) (maximum rent) —
a
after “claimant” insert “, or the claimant’s partner,”;
b
for “his” substitute “the claimant’s”.
6
In regulation 16(1)(c) (application for redetermination by rent officer) for “6 weeks” substitute “one month”.
7
After Schedule 2, paragraph 11 (excluded tenancies) insert —
11A
This paragraph applies to a shared ownership tenancy.
.
8
Paragraph (6) shall only apply to decisions notified by the relevant authority to the person affected on or after 1st October 2007.
Signed by the authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
26th April 2007


text:
Title and commencement
1
These Regulations may be cited as the Contaminants in Food (England) (Amendment) (No.2) Regulations 2007 and come into force on 14th November 2007.
Amendment of the Contaminants in Food (England) Regulations 2007
2
1
The Contaminants in Food (England) Regulations 2007 are amended in accordance with paragraph (2).
2
In regulation 2 (interpretation), for the definition of “the Commission Regulation” substitute the following —
”the Commission Regulation” means Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs as amended by Commission Regulation (EC) No.1126/2007 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards Fusarium -toxins in maize and maize products .
.
Revocation of the Contaminants in Food (England) (Amendment) Regulations 2007
3
The Contaminants in Food (England) (Amendment) Regulations 2007 are revoked.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
16th October 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Grants of Recognised Spectrum Access) Order 2007 and shall come into force on 8th March 2007.
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of grants
2
1
OFCOM will make a limited number of grants of recognised spectrum access for use of the frequency bands listed in the Schedule.
2
In determining the limit on the number of grants of recognised spectrum access and the persons to whom they may be granted OFCOM shall apply the criteria set out in paragraph (3).
3
The criteria are that grants shall only be made to a user of a wireless telegraphy station or wireless telegraphy apparatus where the station or apparatus —
a
is inherently incapable of transmission; and
b
operates at a site named in the Schedule whose location is listed in the Schedule (expressed by latitude and longitude coordinates).
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
14th February 2007


text:
Title, application and commencement
1
This Order —
a
may be cited as the Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2007;
b
applies in England; and
c
comes into force on 3rd September 2007.
Fees for applications for the approval of disinfectants
2
A person who applies for a disinfectant to be approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must, when applying, pay to the Secretary of State the fees set out in the second column of the Schedule.
Revocation
3
The Diseases of Animals (Fees for the Testing of Disinfectants) (England) Order 2005 is revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
19th July 2007
We approve
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2007


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 4) Order 2007 and shall come into force on 3rd July 2007.
Specification of approved local authorities
2
The following authorities are specified as approved local authorities for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions):
a
Gateshead Metropolitan Borough Council ;
b
Leicestershire County Council ; and
c
South Gloucestershire Council .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 is amended as set out in paragraphs (2), (3) and (4).
2
After the row in the table relating to Essex County Council, insert the following row —
Gateshead Metropolitan Borough Council S.I. 2007/1583
3
After the row in the table relating to Leicester City Council, insert the following row —
Leicestershire County Council S.I. 2007/1582
4
After the row in the table relating to Somerset County Council, insert the following row —
South Gloucestershire Council S.I. 2007/1584
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
4th June 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Greater London Authority Act 2007 (Commencement No.1 and Appointed Day) Order 2007.
2
In this Order —
“ the Act ” means the Greater London Authority Act 2007.
Provisions coming into force on 30th October 2007
2
The following provisions of the Act shall come into force on 30th October 2007 —
a
section 15;
b
section 16; and
c
section 57 and Schedule 2, so far as they give effect to the repeal of paragraph 15(1)(a) of Schedule 4 to the Greater London Authority Act 1999 .
Appointed day for purposes of section 59(6) of the Act
3
30th October 2007 is the day appointed for the purposes of section 59(6) of the Act (which provides that sections 12 to 14 have effect in relation to financial years beginning on or after an appointed day).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
29th October 2007


text:
Citation
1
This Order may be cited as the Holy Trinity CE VC Primary School & Nursery Unit (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Holy Trinity CE VC Primary School & Nursery Unit, Cross Road, Weymouth, Dorset, DT4 9QX, a voluntary controlled 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.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
Accordingly the Secretary of State makes the following Order:
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) (No. 2) Order 2007 and shall come into force on 31st July 2007.
2
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Dartford Borough Council and Gravesham Borough Council as if they constituted only one area (“the combined area”).
3
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Scotland of Asthal, Q.C.
Minister of State
Home Office
26th June 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2007 and shall come into force on the 1st April 2007.
2
In this Order an article referred to by number alone means the article so numbered in the Public Trustee (Fees) Order 1999 .
Amendments to the Public Trustee (Fees) Order 1999
2
For article 16 substitute —
When payable
16
1
An administration fee shall, in accordance with the provisions of this Part of the Order, be due at the commencement of each financial year and shall be paid, except where paragraph (2) applies, in twelve equal instalments, each instalment to be paid on the 1st of each month in any financial year:
Provided that an administration fee shall not be payable —
a
in respect of the period between the date of the acceptance of a trust or any part of a trust and the commencement of the next financial year, or
b
in respect of any estate or part of an estate which the Public Trustee accepts as executor during the period he so acts.
2
Where, during any financial year, the Public Trustee ceases to act in any estate or trust any remaining instalments due for that financial year shall cease to be payable.
3
In article 17(5) —
a
for “payable” wherever it occurs, substitute “due”;
b
in sub-paragraph (a) for “2004” substitute “2006”.
4
In article 19 for sub-paragraph (a) substitute —
a
upon the Public Trustee ceasing to act —
i
as trustee or manager of any scheme or funds under Part VII of this Order whether upon retirement or otherwise; or
ii
other than on retirement, in any estate or trust;
or
.
5
In article 20(2)(a) before “where” insert “other than”, and after “retirement” insert “, in any estate or trust”.
Transitional Provision
6
This Order has effect only in relation to fees payable on or after 1st April 2007, and in relation to fees payable before that date the Public Trustee (Fees) Order 1999 shall have effect as if this Order had not been made.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
27th February 2007


text:
Citation
1
This Order may be cited as the Railways Act 2005 (Commencement No. 9) Order 2007.
Commencement
2
Section 17 of the Railways Act 2005 comes into force on 8th August 2007.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
10th July 2007
Department for Transport


text:
1
This Order may be cited as the Customs and Excise (Personal Reliefs for Special Visitors) (Amendment) Order 2007 and comes into force on 1st February 2007.
2
In the definition of the term “warehouse” in article 2 of the Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 , after “1979,” insert, “the premises in respect of which a person is registered under section 41A, 47, or 62(2) of the Alcoholic Liquor Duties Act 1979 , the premises in respect of which a person holds an excise licence under section 54(2) or 55(2) of that Act, or premises registered for the safe storage of tobacco products in accordance with regulations made under section 7(1)(b) of the Tobacco Products Duty Act 1979 ;”.
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th January 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2007 and come into force on 9th April 2007.
2
In these Regulations —
a
a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 ; and
b
words and expressions used in these Regulations have the same meaning as in those Regulations.
Transitional Provisions
3
These Regulations apply to applications for funded services made on or after 9th April 2007, and further assessments under regulation 15 made on or after 9th April, and applications and further assessments made before that date shall be treated as if these Regulations had not been made.
Amendments to the Community Legal Service (Financial) Regulations 2000
4
In regulation 2, for the definition of “assessing authority” substitute —
“assessing authority” means the Commission, except where under contract or under the Funding Code the Commission has delegated this function to the supplier;
.
5
In regulation 3 —
a
in paragraph (1)(c), after “under the Children Act 1989” insert “, except appeals against final orders,”;
b
after paragraph (1)(c) insert —
ca
General Family Help applied for by a parent of a child, or a person with parental responsibility for a child within the meaning of the Children Act 1989, in respect of whom a Local Authority has given notice of potential proceedings under section 31 of that Act.
.
6
For regulation 5, substitute —
5
— This regulation has effect subject to regulations 3, 4 and 5A.
2
Except where paragraph (3) applies, where a client’s monthly disposable income does not exceed £672 and his disposable capital does not exceed £8,000, he shall be eligible for funded services.
3
Where a client’s monthly disposable income does not exceed £672 and his disposable capital does not exceed £3,000, he shall be eligible for Legal Representation in respect of an immigration claim before —
i
the Asylum and Immigration Tribunal; and
ii
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002.
.
7
In regulation 5A —
a
in paragraph (4), for “£2,350” substitute “£2,435”;
b
in paragraph (5), for “£145” substitute “£205”.
8
In regulation 5B(3), delete “(6)”.
9
In regulation 5C(2), in both places where it appears, for “5(3), 5(6)” substitute “5”.
10
In regulation 5E(2), for “disposable income limit in regulation 5(5) or 5(6)” substitute “eligibility limits in regulations 5 and 5A”.
11
In regulation 7(2)(a), delete “(2), (3), (5) or (6)”.
12
In regulation 11 —
a
after paragraph (2) insert —
2A
Paragraph (3) does not apply where eligibility is being assessed for Legal Representation in proceedings other than Family Proceedings.
;
b
in paragraph (3), delete “Except where eligibility is being assessed under regulation 5(6),”.
13
In regulation 15(1), for “5(6)” substitute “5”.
14
In regulation 16, delete “where the eligibility of the person concerned is being assessed under regulation 5(6),”.
15
For regulation 18(2), substitute —
2
In calculating the disposable income of the person concerned, any income tax and national insurance contribution paid, or where eligibility is being assessed for General Family Help or Legal Representation payable, on that income in respect of the period of calculation shall be deducted.
.
16
In regulation 19 —
a
for paragraph (b) substitute —
b
any direct payments made under the Community Care, Service for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 ;
;
b
for paragraph (f) substitute —
f
any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 ;
;
c
for paragraph (g) substitute —
g
to the extent that it exceeds the relevant figure referred to in regulation 20(2)(b), any financial support paid under any agreement for the care of a foster child;
.
17
In regulation 31 —
a
for paragraph (1) substitute —
1
Where eligibility is being assessed for —
a
Legal Representation, except Legal Representation for an immigration claim before
i
the Asylum and Immigration Tribunal; and
ii
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002; and
b
General Family Help,
paragraphs (2) to (4) apply.
;
b
in paragraph (5) for “other than under regulation 5(6)” substitute “for other levels of service”.
18
In regulations 32A(2) and (3), for “under regulation 5(5) or 5(6)” substitute “for Legal Representation and General Family Help”.
19
In regulation 35(1) —
a
delete sub-paragraph (a);
b
in sub-paragraph (c) and the table following that sub-paragraph, for “279” substitute “289”.
20
In regulation 36, for “under regulation 5(5) or 5(6)” substitute “for Legal Representation and General Family Help”.
21
In regulation 37, for “under regulation 5(5) or 5(6)” substitute “for Legal Representation or General Family Help”.
22
In regulation 38 —
a
for paragraph (2) substitute —
2
Subject to regulation 4(2), where —
a
eligibility is being assessed for —
i
Legal Representation except Legal Representation before —
aa
the Asylum and Immigration Tribunal; and
bb
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002;
ii
General Family Help; or
iii
such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act; and
b
his monthly disposable income exceeds £289,
a client shall make the following contributions;
i
one quarter of any such income between £285 and £426;
ii
one third of any such income between £427 and £565; and
iii
one half of any remaining disposable income.
;
b
after paragraph (2) insert —
2A
Subject to regulation 4(2), where —
a
eligibility is being assessed for —
i
Legal Representation other than Legal Representation in respect of an asylum claim before —
aa
the Asylum and Immigration Tribunal; and
bb
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002;
ii
General Family Help;
iii
such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act; and
b
his disposable capital exceeds £3,000,
a client shall make a contribution of the lesser of the excess and the sum which the assessing authority considers to be the likely maximum cost of the funded services.
;
c
in paragraph (3), delete “(a)”;
d
in paragraph (4), for “(2)(b)” substitute “(2A)”;
e
in paragraph (5), for “under regulation 5(5) or 5(6)” substitute “for Legal Representation or General Family Help”.
23
In regulation 43, for paragraph (5) substitute —
5
The amount of the charge created by section 10(7) of the Act shall not include reasonable costs incurred by the supplier in accordance with his statutory obligations under the Disability Discrimination Act 1995 .
.
24
In regulation 44(1) —
a
after sub-paragraph (a) insert —
aa
any sum or sums ordered to be paid under sections 25B(4) or 25C of the Matrimonial Causes Act 1973 ;
;
b
delete sub-paragraph (f).
Signed by authority of the Lord Chancellor
Vera Baird
Parliamentary Under Secretary of State
Department for Constitutional Affairs
15th March 2007


text:
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 3) Order 2007.
2
This Order extends to England and Wales, except that article 3 extends to England only.
2
The following provisions of the Police and Justice Act 2006 shall come into force on 29th June 2007 —
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 7(1) and (2) (functions of police authorities) of Schedule 2;
c
section 3 (delegation of police authority functions);
d
section 13 (supply of information to police etc by Registrar General);
e
section 18 (arrest for failing to comply with conditional caution);
f
section 41 (immigration and asylum enforcement function: complaints and misconduct);
g
section 52 (amendments and repeals) in so far as it relates to the entries in Schedules 14 (minor and consequential amendments) and 15 (repeals and revocations) in sub-paragraphs (h) and (i);
h
paragraphs 53 to 58 of Schedule 14; and
i
in Part 2 of Schedule 15 (repeals: powers of the police etc) the entry relating to the Criminal Justice Act 2003 .
3
The following provisions of the Police and Justice Act 2006 shall come into force on 1st August 2007 —
a sections 23 to 25 (parenting contracts and parenting orders);
b
section 22 and Schedule 9 (amendments to the Crime and Disorder Act 1998);
c
section 52 (amendments and repeals) in so far as it relates to the entries in Schedule 15 in sub-paragraph (c);
d paragraphs 53 to 57 of Schedule 14;
e
in Part 3 of Schedule 15 (repeals: crime and anti-social behaviour) the entries relating to —
i
the Crime and Disorder Act 1998 ;
ii
the Police Reform Act 2002 ; and
iii
the Clean Neighbourhoods and Environment Act 2005 .
Tony McNulty
Minister of State
Home Office
6th June 2007


text:
1
This Order may be cited as the Farnham College (Dissolution) Order 2007 and comes into force on 1st August 2007.
2
On 1st August 2007 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Guildford College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2007 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2007;
c
to the transferor were to the corporation; and
d
to the corporation were to Guildford College.
Bill Rammell
Minister of State
Department for Education and Skills
19th June 2007


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2007, shall come into force on 1st October 2007, and shall have effect in relation to manufactured overseas dividends made or treated as made on or after that day.
Amendment of the Income Tax (Manufactured Overseas Dividends) Regulations 1993
2
The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
3
1
Amend regulation 3 (prescribed rates of relevant withholding tax) as follows.
2
In paragraph (1) for “paragraph (4)” substitute “paragraphs (5) and (6)”.
3
Add the following paragraphs at the end —
5
Where the recipient of the manufactured overseas dividend is a company, the reference in paragraph (1) to the highest rate is a reference to the highest rate that would have applied in relation to the overseas dividend specified in paragraph (1)(a) paid to a company which is within paragraphs (i) to (iii) of that paragraph.
6
Where the manufactured overseas dividend —
a
is paid to, or for the benefit of, a registered pension scheme (within the meaning given in Part 4 of the Finance Act 2004) , or
b
is linked solely to pension business for the purposes of section 438 of the Taxes Act at the time that the payment is made,
the reference in paragraph (1) to the highest rate is a reference to the rate that would have been suffered by the recipient in relation to the overseas dividend of which that manufactured overseas dividend is representative.
.
4
After regulation 5 insert —
Chains of payments where last payment made to, or for benefit of, registered pension scheme or is linked solely to pension business
5A
1
This regulation applies where —
a
a person (the “original payer”) pays a manufactured overseas dividend, and
b
the payment is made to an approved United Kingdom intermediary or to an approved United Kingdom collecting agent as part of a chain of payments where conditions A to D are met.
2
Condition A is that each payment in the chain, apart from the first, is a payment by an approved United Kingdom intermediary or an approved United Kingdom collecting agent of a manufactured overseas dividend representative of the same overseas dividend.
3
Condition B is that the last payment in the chain —
a
is made to, or for the benefit of, a registered pension scheme (within the meaning given in Part 4 of the Finance Act 2004), or
b
is linked solely to pension business for the purposes of section 438 of the Taxes Act at the time that the payment is made.
4
Condition C is that the last payment in the chain is made by a person who —
a
is resident in the United Kingdom, or
b
is not resident in the United Kingdom, but makes the payment in the course of a trade carried on through a permanent establishment.
5
Condition D is that each recipient of payment in the chain has issued a notice to the original payer to make the payment at the applicable rate of relevant withholding tax.
6
The applicable rate of relevant withholding tax for each payment in the chain shall be determined in accordance with paragraphs (7) and (8).
7
If the last payment in the chain is made to, or for the benefit of, a registered pension scheme, the applicable rate shall be determined as if the person to whom the payment is made were the registered pension scheme to which the last payment in the chain is made.
8
If the last payment in the chain is linked solely to pension business at the time that the payment is made, the applicable rate shall be determined as if the person to whom the payment is made were the person to whom the last payment in the chain is made.
9
For the purposes of condition A (see paragraph (2)) it does not matter whether or not the first payment in the chain was made by an approved United Kingdom intermediary or an approved United Kingdom collecting agent.
.
5
In regulation 7 (disapplication of paragraph 4(3) of Schedule 23A) for paragraph (3A) substitute —
3A
Paragraphs (3B) to (3D) apply where, by virtue of paragraph (1), tax is not required to be accounted for and paid in the circumstances prescribed by paragraph (2)(e).
3B
For the purposes of the Corporation Tax Acts, paragraph 4(4) of Schedule 23A shall apply as if the amount of tax required under section 923 of the Income Tax Act 2007 to be accounted for and paid were amount A or amount B (whichever should be the lower) and as if that amount of tax had been accounted for and paid.
3C
For the purposes of the Income Tax Acts, section 923 of the Income Tax Act 2007 shall apply as if the amount of tax which the recipient must account for and pay were amount A or amount B (whichever should be the lower).
3D
For the purposes of paragraphs (3B) and (3C) —
a
amount A is an amount equal to the excess of the gross amount of the overseas dividend over the amount of that overseas dividend received by the overseas dividend manufacturer, and
b
amount B is an amount equal to the excess of the gross amount of the overseas dividend over the amount of the manufactured overseas dividend paid by the overseas dividend manufacturer which represents that dividend.
3E
In paragraph (3D)(b) the reference to the manufactured overseas dividend paid by the overseas dividend manufacturer does not include any payment treated as made under —
a
section 736B of the Income and Corporation Taxes Act 1988 (deemed manufactured payments in the case of stock lending arrangements), or
b
section 737A of the Income and Corporation Taxes Act 1988 (sale and repurchase of securities: deemed manufactured payments).
.
6
In regulation 9 (offsetting of tax by overseas dividend manufacturers), in paragraph (4B), for “regulation 5” substitute “regulation 3(6), 5 or 5A”.
7
In regulation 9A (offsetting of tax by overseas dividend manufacturers who are not United Kingdom intermediaries), in paragraph (2A), for “regulation 5” substitute “regulation 3(6), 5 or 5A”.
8
In regulation 10 (matching of dividends and manufactured overseas dividends), in paragraph (1)(b), for “regulation 5” substitute “regulation 3(6), 5 or 5A”.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007