text:
PART 1 Introduction
Title and commencement
1
This Order —
a
may be cited as the London Waste and Recycling Board Order 2008; and
b
comes into force the day after this Order is made.
Interpretation
2
In this Order —
“the Board” means the London Waste and Recycling Board;
“the London councils” means the London borough councils and the Common Council, acting jointly;
“council members” has the meaning given by article 3(1)(b) ;
“independent members” has the meaning given by article 3(1)(c);
“Mayor’s representative” has the meaning given by article 4(1).
PART 2 Membership of the Board
Members of the Board
3
1
The Board shall comprise the following members —
a
the Mayor who shall be the chair of the Board;
b
four elected members of any London borough council or the Common Council appointed by the London councils (“council members”);
c
two persons appointed by the London councils and one person appointed by the Mayor (“independent members”).
This is subject to paragraphs (2) and (3) and article 4 .
2
The London councils must ensure that, at any given time, no two or more council members are from the same London borough council or the Common Council.
3
The London councils or the Mayor may not appoint any person as an independent member if that person is an elected member of any London borough council or the Common Council.
Mayor’s representative
4
1
The Mayor may appoint a person (“Mayor’s representative”) to be the chair of the Board on the Mayor’s behalf.
2
But the Mayor may not appoint any person as the Mayor’s representative who is —
a
an existing member of the Board; or
b
an elected member of any London borough council or the Common Council.
3
Where the Mayor appoints a representative under paragraph (1) that person shall replace the Mayor as a member of the Board.
4
The Mayor’s representative shall hold and vacate office in accordance with such terms and conditions as are determined by the Mayor.
This is subject to paragraphs (5) , (6) and (7) .
5
Where the Mayor’s representative becomes an elected member of a London borough council or the Common Council, that person ceases to be the Mayor’s representative.
6
Where a person ceases to hold office as Mayor any person appointed as the Mayor’s representative ceases to hold that position unless their appointment is confirmed by the subsequent Mayor.
7
The Mayor may remove any person appointed under paragraph (1) where that person —
a
has been absent from the meetings of the Board for more than 6 months without the permission of the Mayor;
b
becomes bankrupt or makes an arrangement with creditors or (in Scotland) that person’s estate has been sequestrated; or
c
in the opinion of the Mayor, has become unable, unfit or unsuitable to carry out that person’s duties.
8
Article 6 does not apply in relation to the Mayor’s representative.
Relevant experience and knowledge
5
The Mayor and the London councils must, in appointing members of the Board (including the Mayor’s representative), have regard to the desirability of securing that they have, between them, experience in or knowledge of —
a
the prevention, minimization, recycling, treatment, disposal and transportation of waste;
b
the provision of waste collection and disposal services;
c
the town and country planning system;
d
quality assurance;
e
the requirements of different waste producers in respect of the treatment, collection and disposal of waste;
f
service and capital project procurement and delivery in the public and the private sector;
g
environmental protection.
Terms of appointment and tenure
6
1
The Board members shall hold and vacate office in accordance with such terms and conditions as are determined by the Mayor with the consent of the London councils (subject to this Order).
2
The term of office of any Board member, other than the chair, must not exceed 4 years.
3
A person who has held office as a council member or independent member may be re-appointed once only for a further period (whether consecutive or not) not exceeding 4 years.
4
The London councils may remove any council member or independent member appointed by them from the Board if that member —
a
has been absent from the meetings of the Board for more than 6 months without the permission of the Board;
b
becomes bankrupt or makes an arrangement with creditors or (in Scotland) that member’s estate has been sequestrated; or
c
in their opinion, has become unable, unfit or unsuitable to carry out that member’s duties.
5
The Mayor may remove any independent member appointed by the Mayor from the Board if that member —
a
has been absent from the meetings of the Board for more than 6 months without the permission of the Board;
b
becomes bankrupt or makes an arrangement with creditors or (in Scotland) that member’s estate has been sequestrated; or
c
in the opinion of the Mayor, has become unable, unfit or unsuitable to carry out that member’s duties.
6
Where a council member ceases to be an elected member of a London borough council or the Common Council, that person ceases to be a member of the Board.
7
Where an independent member becomes an elected member of a London borough council or the Common Council, that person ceases to be a member of the Board.
8
Where a person ceases to hold office as Mayor —
a
that person ceases to be a member of the Board; and
b
any independent member appointed by that person ceases to be a member of the Board unless their appointment is confirmed by the subsequent Mayor.
Allowances and expenses
7
The Board may pay to its members and committee members —
a
such allowances as are determined by the Mayor with the consent of the London councils; and
b
any expenses properly incurred by them in carrying out the Board’s business.
PART 3 Proceedings of the Board etc.
Committees
8
1
The Board may establish committees.
2
Any such committee —
a
must not include the chair of the Board;
b
may include members who are not members of the Board.
Procedure of the Board
9
1
Subject to paragraph (2), the Board may —
a
determine its own procedure (including quorum); and
b
determine the procedure (including quorum) of any of its committees.
2
On any vote by the Board the chair has an additional, casting vote in the event of a tie.
Validity of proceedings
10
1
The validity of any proceedings of the Board shall not be affected —
a
by a vacancy amongst the council members or independent members; or
b
by a defect in the appointment or any disqualification of a person as a council member or independent member.
2
The validity of any proceedings of the Board shall not be affected —
a
by a vacancy in the office of chair, or
b
by a defect in the appointment or any disqualification of a person as chair,
if those proceedings are conducted with the consent of the Secretary of State.
3
The Secretary of State may, before granting such consent, require a chair to be appointed for the purposes of those proceedings from amongst either the council members or the independent members as the Secretary of State shall determine.
Registration and disclosure of members’ interests
11
1
The Board must establish and maintain a system for the declaration and registration of private interests of its members.
2
A member of the Board must immediately disclose any direct or indirect interest in any matter proposed or discussed by the Board.
3
The disclosure must be recorded in the minutes of the Board.
4
A member who is directly interested in any matter may not take part in any discussions or decisions of the Board.
5
But if the Mayor and the London councils consider that the number of members directly interested in any matter is such as to impede the transaction of business, the Mayor and the London councils may agree to direct the Board that the restriction imposed by paragraph (4) does not apply; and the direction must be in writing and may be subject to such conditions as the Mayor and the London councils consider necessary.
6
Nothing in this article precludes a member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Mayor and the London councils for the exercise of the power conferred by paragraph (5) .
7
Any reference in this article to the Board includes any committee of the Board.
Delegation
12
The Board may authorise any of the following to exercise, on its behalf, such of its functions, in such circumstances, as it may determine —
a
the chair or any other member of the Board;
b
a committee of the Board; or
c
an employee appointed under article 13 .
Staffing
13
The Board may appoint such employees as it determines, and may pay to them such remuneration and other allowances, and make such provision for pensions, as it determines.
PART 4 Provision of information etc.
Annual report
14
1
For each financial year, the Board must —
a
prepare an annual report on how it has discharged its functions during the year; and
b
send a copy of the report to the London borough councils, the Common Council and the Secretary of State.
2
In this article, “financial year” means —
a
the period beginning with the day on which the Board is established and ending with the next 31st March; and
b
each subsequent period of 12 months ending with 31st March.
Board priorities and provision of financial assistance
15
1
The Board must, by 31st March each year, prepare and publish a document setting out how it will meet its objectives in the following 12 month period, including —
a
its priorities for that period; and
b
its strategy for the provision of financial assistance to any person during that period for the purposes of —
i
the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;
ii
conducting research into new technologies or techniques for the collection, treatment or disposal of waste; or
iii
securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.
2
If the Board wishes to provide financial assistance to any person for any of the purposes in paragraph (1)(b) before 1st April 2009, it must, before doing so, prepare and publish a document containing the information in paragraph (1) for the period to 1st April 2009.
Provision of information to the Secretary of State
16
The Board must provide the Secretary of State with such information as the Secretary of State requires relating to the discharge or proposed discharge of the Board’s functions .
Provision of information to the public
17
1
The Board must make the following available for inspection by the public, free of charge, at all reasonable times —
a
the document referred to in article 15 ;
b
annual reports of the Board;
c
approved minutes of Board and committee meetings;
d
details of the remuneration of Board members;
e
a list of Board and committee members;
f
the register of Board and committee members’ interests;
g
the dates of Board meetings and the agendas for those meetings.
2
Any person who requests it must be provided with a copy of, or extract from, any document in paragraph (1) on payment of a reasonable charge.
Public access to meetings
18
1
A meeting of the Board must be open to the public.
This is subject to paragraphs (2) and (3) .
2
The Board must exclude the public from a meeting during an item of business if, during that item, confidential information may be disclosed to the public in breach of the obligation of confidence.
3
The Board may exclude the public from a meeting during an item of business if, during that item, any of the following information may be disclosed to the public and the Board considers that in all the circumstances of the case the public interest in preventing disclosure of the information outweighs the public interest in disclosure of the information —
a
information relating to any individual;
b
information which is likely to reveal the identity of an individual;
c
information relating to the financial or business affairs of any particular person;
d
commercially sensitive information;
e
information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any employment matter arising between the Board and any employee; or
f
information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
4
In this article, “confidential information” means —
a
information provided to the Board by a Government department upon terms that prohibit the disclosure of the information to the public, and
b
information that may not be disclosed to the public by virtue of any enactment, rule of law or order of the court,
and, in each case, the reference to the obligation of confidence is to be construed accordingly.
5
This article is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.
6
Any reference in this article to the Board includes any committee of the Board.
PART 5 Funds and auditing
Fund
19
The Board must —
a
keep a fund (to be known as the general fund) to which all income of the Board must be carried, and from which all expenditure discharging liabilities must be met; and
b
keep accounts of income and expenditure of the general fund.
Financial administration
20
The Board must make arrangements for the proper administration of its financial affairs and appoint a person to be responsible for the administration of those affairs and keeping the accounts of the Board.
Amendment to the Audit Commission Act 1998 and the Greater London Authority Act 1999
21
1
In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit), in paragraph 1, after sub-paragraph (bd) add —
be
the London Waste and Recycling Board;
.
2
In section 60A(3) of the Greater London Authority Act 1999 (confirmation hearings etc for certain appointments by the Mayor), immediately after the entry relating to the chairman of the London Fire and Emergency Planning Authority, add —
Mayor’s representative as chair of the London Waste and Recycling Board (see section 356A below and article 4 of the London Waste and Recycling Board Order 2008);
.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd July 2008


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Counter-Terrorism Act 2008 (Commencement No. 1) Order 2008.
2
Sections 19 to 21 (disclosure of information and the intelligence services) of the Counter-Terrorism Act 2008 together with Schedule 1 (disclosure and the intelligence services: consequential amendments) to that Act shall come into force after the day on which this order is made.
Phil Woolas
Minister of State
Home Office
23rd December 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2008 and shall come into force on 1st May 2008.
2
These Regulations apply in relation to England.
3
In these Regulations —
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Modifications of the Income Support Regulations in Schedule 1 to the Travel Expenses and Remission of Charges Regulations
2
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modifications of —
a
regulation 45 of the Income Support Regulations, for “£21,500” substitute “£22,250”; and
b
regulation 53 of the Income Support Regulations —
i
for “£13,000” substitute “£13,500”, and
ii
for “£21,500” substitute “£22,250”.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of Health
Department of Health
26th March 2008


text:
PART 1
General provisions
Title, application and commencement
1
These Regulations —
a
may be cited as the Transmissible Spongiform Encephalopathies (England) Regulations 2008;
b
apply in England only; and
c
come into force on 7th August 2008.
Interpretation
2
1
In these Regulations —
“approved testing laboratory” has the meaning given to it in paragraph 4(3) of Schedule 2;
“bovine animal” includes bison and buffalo (including water buffalo);
“ BSE ” means bovine spongiform encephalopathy;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 2007 ;
“ Commission Decision 2007/411/EC ” means Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No 999/2001 and repealing Decision 2005/598 ;
“ Community TSE Regulation ” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies , as read with —
Commission Decision 2007/411/EC; and
Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk ;
“cutting plant” (except in Schedule 7, paragraph 9(2)(b)(iii)) has the meaning given to it in paragraph 1(17) of Annex I to Regulation (EC) No. 853/2004 , and is an establishment which is —
approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004 ; or
operating as such under Article 4(5) of Regulation (EC) No. 853/2004 , pending such approval;
“inspector” means an inspector appointed under regulation 12 , and “veterinary inspector” means a veterinary surgeon appointed by the Secretary of State as an inspector;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county or the council of a district within the county area;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
“Regulation (EC) No. 1774/2002 ” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption , as read with —
Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures ;
Commission Regulation (EC) No. 878/2004 laying down transitional measures in accordance with Regulation (EC) No. 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes ; and
Commission Regulation (EC) No. 92/2005 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats ;
“Regulation (EC) No. 853/2004 ” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin , as read with —
Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/ EEC and 92/118/EEC and Council Decision 95/408/EC
Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs ;
Commission Regulation (EC) No. 2074/2005 laying down implementation measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004
; and
Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004 , (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004
;
“Regulation (EC) No. 882/2004 ” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules , as read with —
Commission Regulation (EC) No. 2074/2005 ; and
Commission Regulation (EC) No. 2076/2005 ;
“slaughterhouse” has the meaning given to it in paragraph 1(16) of Annex I to Regulation (EC) No. 853/2004 , and is an establishment which is —
approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004 ; or
operating as such under Article 4(5) of Regulation (EC) No. 853/2004 , pending such approval; and
“ TSE ” means transmissible spongiform encephalopathy.
2
Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.
3
References in these Regulations to the Community instruments identified in Schedule 1 are references to those instruments as amended from time to time.
Appointment of competent authority
3
The Secretary of State is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.
Exception for research
4
1
The provisions of Schedules 2 to 8 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the Secretary of State.
2
If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No. 1774/2002 , and failure to do so is an offence.
PART 2
Introduction of Schedules
The Schedules
5
The following Schedules have effect —
a
Schedule 2 (TSE monitoring);
b
Schedule 3 (control and eradication of TSE in bovine animals);
c
Schedule 4 (control and eradication of TSE in sheep and goats);
d
Schedule 5 (control and eradication of TSE in animals that are not bovine, ovine or caprine).
e
Schedule 6 (feedingstuffs);
f
Schedule 7 (specified risk material, mechanically separated meat and slaughtering techniques); and
g
Schedule 8 (restrictions on export).
PART 3
Administration and enforcement
Approvals, authorisations, licences and registrations
6
1
The Secretary of State must grant an approval, authorisation, licence or registration under these Regulations if the Secretary of State is satisfied that the provisions of the Community TSE Regulation and these Regulations will be complied with.
2
It must be in writing, and must specify —
a
the address of the premises;
b
the name of the occupier; and
c
the purpose for which it is granted.
3
It may be made subject to such conditions as are necessary to —
a
ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; or
b
protect public or animal health.
4
Where refusing to grant an approval, authorisation, licence or registration, or granting one subject to conditions, the Secretary of State must —
a
give reasons in writing; and
b
explain that the applicant has the right to make written representations to a person appointed by the Secretary of State.
5
The appeals procedure in regulation 10 then applies.
Occupier’s duty
7
The occupier of any premises approved, authorised, licensed or registered under these Regulations commits an offence if they do not ensure that —
a
the premises are maintained and operated in accordance with —
i
any condition of the approval, authorisation, licence or registration; and
ii
the requirements of the Community TSE Regulation and these Regulations; and
b
any person employed by them, and any person permitted to enter the premises, complies with those conditions and requirements.
Suspension and amendment
8
1
The Secretary of State may suspend or amend an approval, authorisation, licence or registration granted under these Regulations if —
a
any of the conditions under which it was granted is not fulfilled; or
b
the Secretary of State is satisfied that the provisions of the Community TSE Regulation or of these Regulations are not being complied with.
2
The Secretary of State may amend an approval, authorisation, licence or registration granted under these Regulations if the Secretary of State considers it necessary in the light of technical or scientific developments.
3
A suspension or amendment —
a
may have immediate effect if the Secretary of State considers it necessary for the protection of public or animal health; and
b
otherwise, may have effect after the expiration of at least 21 days.
4
Notification of the suspension or amendment must —
a
be in writing;
b
state when the suspension or amendment comes into effect;
c
give the reasons; and
d
explain that the person who has been notified has the right to make written representations to a person appointed by the Secretary of State.
5
The appeals procedure in regulation 10 then applies.
6
If the suspension or amendment does not have immediate effect and representations are made under regulation 10 , it must not have effect until the final determination of the appeal by the Secretary of State unless the Secretary of State considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.
Revocations of approvals, etc.
9
1
The Secretary of State may revoke an approval, authorisation, licence or registration granted under these Regulations if the Secretary of State is satisfied that the premises will not be operated in accordance with the Community TSE Regulation or these Regulations and if —
a
it is currently suspended and the period for appeal under regulation 10 has expired or the suspension has been upheld following such appeal;
b
it has been previously suspended and there is further non-compliance with the Community TSE Regulation or these Regulations; or
c
the Secretary of State is satisfied that the occupier no longer uses the premises for the purpose for which it was granted.
2
If the Secretary of State revokes under paragraph (1)(b) or (1)(c) the appeals procedure in regulation 10 applies but the revocation remains in force during that appeals procedure.
Appeals
10
1
Where this regulation applies, a person may make written representations to a person appointed for the purpose by the Secretary of State concerning any decision of the Secretary of State within 21 days of notification of the decision to that person.
2
The Secretary of State may also make written submissions to the appointed person concerning the decision.
3
The appointed person must then report in writing to the Secretary of State.
4
The Secretary of State must give to the appellant written notification of the final determination and the reasons for it.
Valuations
11
1
This regulation applies when a valuation is necessary under these Regulations.
2
The owner and the Secretary of State may agree on a valuation.
3
If the owner and the Secretary of State cannot agree on a valuation, they may jointly appoint a valuer.
4
If the owner and the Secretary of State cannot agree on who the valuer should be, the President of the Royal Institution of Chartered Surveyors may nominate the valuer, and both the owner and the Secretary of State must accept the nomination.
5
The valuer must carry out the valuation and submit it and any other relevant information and documentation to the Secretary of State, and provide a copy to the owner.
6
Both the owner and a representative of the Secretary of State have the right to be present at a valuation.
7
The valuation is binding on both the owner and the Secretary of State.
Appointment of inspectors
12
The Secretary of State and the local authority may appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedule 7.
Powers of entry
13
1
Inspectors have a right to enter any premises for the purpose of ensuring that the Community TSE Regulation or these Regulations are being complied with.
2
They must, if so required, produce some duly authenticated document showing their authority before exercising their right under paragraph (1).
3
They may exercise the right under paragraph (1) at all reasonable hours.
4
They may take with them —
a
such other persons as they consider necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
5
If inspectors enter any unoccupied premises they must leave those premises (so far as reasonably practicable) as effectively secured against unauthorised entry as the inspectors found them.
6
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by a signed warrant authorise inspectors to enter the premises, if need be by reasonable force.
7
A warrant under this section is valid for one month.
8
In this regulation “premises” includes —
a
domestic premises if they are being used for any purpose in connection with the Community TSE Regulation or these Regulations; and
b
any vehicle, container or structure (moveable or otherwise).
Powers of inspectors
14
1
Inspectors may —
a
seize any —
i
animal;
ii
body of an animal, and any parts of the body (including the blood and the hide) and any semen, embryo or ovum; or
iii
animal protein or feedingstuffs that may contain animal protein,
and dispose of them as necessary;
b
carry out any inquiries, investigations, examinations and tests;
c
collect, pen and inspect any animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
d
inspect any body of an animal and any parts of the body (including the blood and the hide) and any semen, embryo or ovum;
e
inspect any part of the premises, any equipment, facility, operation or procedure;
f
take any samples;
g
have access to, and inspect and copy any records (in whatever form they are held) in order to determine if these Regulations are being complied with, including records kept under the Community TSE Regulation and these Regulations, or remove such records to enable them to be copied;
h
have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford them such assistance as the inspector may reasonably require (including providing them with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
i
mark anything (including an animal) whether electronically or otherwise, for identification purposes; and
j
lock or seal any container or store.
2
Any person who defaces, obliterates, or removes any mark or seal, or removes any lock, applied under paragraph (1) is guilty of an offence.
3
Inspectors are not personally liable for anything they do —
a
in the execution or purported execution of these Regulations; and
b
within the scope of their employment,
if they acted in the honest belief that their duty under these Regulations required or entitled them to do it; but this does not affect any liability of their employer.
Notices
15
1
If it is necessary for any reason connected with the enforcement of the Community TSE Regulation or these Regulations inspectors may serve a notice on —
a
the owner or keeper of any animal;
b
the person in possession of the body or any part of the body of an animal (including the blood and the hide) or any semen, embryo or ovum; or
c
the person in possession, or supplier, of any animal protein or feedingstuffs that may contain animal protein.
2
The notice must be in writing, and must give the reasons for it being served.
3
The notice may —
a
prohibit or require the movement of any animal onto or from the premises specified in the notice;
b
specify those parts of premises to which an animal may or may not be allowed access;
c
require the killing or slaughter of any animal;
d
prohibit or require the movement onto or from premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any animal semen, embryo or ovum;
e
require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be detained), and any semen, embryo or ovum as may be specified in the notice;
f
require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; or
g
require the recall of any animal protein or feedingstuffs that may contain animal protein.
4
If inspectors suspects that any premises, vehicle or container to which the Community TSE Regulation or these Regulations apply constitutes a risk to animal or public health, they may serve a notice on the occupier or person in charge of the premises, vehicle or container requiring that person to cleanse and disinfect all or any part of the premises, vehicle or container and any associated equipment.
5
A notice may specify how it must be complied with, and specify time limits.
6
A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with inspectors may arrange to have it complied with at that person’s expense.
7
Failure to comply with a notice is an offence.
Notices restricting movement
16
1
If a notice is served restricting movements, inspectors may subsequently permit movement under the authority of a licence.
2
The person transporting under the authority of a licence must carry the licence with them during any movement, and produce it on demand to an inspector, and failure to do so is an offence.
Obstruction
17
A person is guilty of an offence if that person —
a
intentionally obstructs an inspector acting under these Regulations;
b
without reasonable cause, fails to give to an inspector acting under these Regulations any assistance or information or to provide any facilities that the inspector may reasonably require that person to give or provide for the performance of the inspector’s functions under these Regulations;
c
gives false or misleading information to an inspector acting under these Regulations; or
d
fails to produce a record when required to do so by an inspector acting under these Regulations.
Penalties
18
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Corporate offences
19
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on their part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with their functions of management as if they were a director of the body.
3
If an offence under these Regulations committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on their part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
If any offence under these Regulations committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation —
a
“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
b
“partner” includes a person purporting to act as a partner.
Enforcement
20
1
The Secretary of State enforces Schedule 2 in slaughterhouses and cutting plants.
2
The Food Standards Agency enforces Schedule 7 and paragraph 2 of Schedule 8 in slaughterhouses and cutting plants.
3
Otherwise these Regulations are enforced by the local authority.
4
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on the local authority under this regulation must be discharged by the Secretary of State and not by the local authority.
Revocations
21
The following Regulations are revoked —
a
the Transmissible Spongiform Encephalopathies ( No. 2) Regulations 2006 ; and
b
the Bovine Products (Restriction on Placing on the Market) (England) (No.2) Regulations 2005 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
15th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Voluntary Registration) (Amendment) Regulations 2008 and come into force on 5th May 2008.
Amendment to the Childcare (Voluntary Registration) Regulations 2007
2
1
The Childcare (Voluntary Registration) Regulations 2007 are amended as follows.
2
After regulation 7 insert —
Annual fee payable by a registered person
7A
1
The time prescribed for the purposes of section 89(1) of the Act is the day which is the anniversary of the date of a person’s registration under section 64(1) or (2) of the Act.
2
The fee prescribed for the purposes of section 89(1) of the Act is —
a
in the case of a person registered under section 64(1) of the Act, £100;
b
in the case of a person registered under section 64(2) of the Act, £110.
.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
19th March 2008


text:
1
This Order may be cited as the A1 Trunk Road (Dishforth to Barton) (Detrunking) Order 2008 and shall come into force on 25th September 2008.
2
In this Order —
i
“the A1 ” means the A1 Trunk Road;
ii
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instruments which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
iii
“the motorway and connecting roads” means the special roads which the Secretary of State is authorised to provide by the A1 Motorway (Dishforth to Barton Section and Connecting Roads) Scheme 2008 ; and
iv
“the plan” means the plan in the folio numbered HA 10/MP/045 marked the “A1 Trunk Road (Dishforth to Barton) (Detrunking) Order 2008 signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government Deposited Document Services, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN3 7GA.
3
The lengths of the A1 described in the Schedule to this Order and shown by broad hatching on the plan shall cease to be a trunk road and shall be classified as a classified road on the date on which the Secretary of State notifies North Yorkshire County Council that the motorway and connecting roads are open for traffic.
4
The A1 Trunk Road (Lengths of A1 Carriageway between Catterick and Barton) (Detrunking) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
18th August 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Allocation of Housing (England)(Amendment)(Family Intervention Tenancies) Regulations 2008 and shall come into force on 1 st January 2009.
2
These Regulations apply in England only.
Amendment of the Allocation of Housing (England) Regulations 2002
2
1
The Allocation of Housing (England) Regulations 2002 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (interpretation), after the definition of “the Common Travel Area”, insert the following definition —
“family intervention tenancy” —
in relation to a tenancy granted by a local housing authority, has the meaning given by paragraph 4ZA(3) of Schedule 1 to the Housing Act 1985 ;
in relation to a tenancy granted by a registered social landlord, has the meaning given by paragraph 12ZA(3) of Part 1 of Schedule 1 to the Housing Act 1988 .
.
3
In regulation 3 (cases where the provisions of Part 6 of the Act do not apply), after paragraph (3) insert —
4
They do not apply in relation to the allocation of housing accommodation by a local housing authority to a person who lawfully occupies accommodation let on a family intervention tenancy.
.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) Regulations 2008 and come into force on 18th July 2008.
Amendment of the Education (Student Support) (European Institutions) ( No. 2) Regulations 2006
2
The Education (Student Support) (European Institutions) (No. 2) Regulations 2006 are amended in accordance with these Regulations.
3
In regulation 17(3) for “25,580 euro” substitute “27,115 euro”.
4
For paragraph 8(1)(b) and (c) of Schedule 1, substitute —
b
was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;
c
is ordinarily resident in the United Kingdom on the relevant date;
.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
9th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 2) Order of Council 2008.
2
In this Order, “the principal Order ” means the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008.
Appointed days
2
1
1st January 2009 is the day appointed for the coming into force of paragraph 5 of Schedule 2 to the principal Order, and article 2(2) of the principal Order in so far as it relates to that paragraph.
2
9th February 2009 is the day appointed —
a
for the coming into force of —
i
paragraphs 1(b), 2, 6 and 9 of Schedule 4 to the principal Order, in so far as not already in force, and
ii
paragraphs 1(c), 5 and 7 of Schedule 4 to the principal Order,
and article 2(4) of the principal Order, in so far as it relates to those paragraphs; and
b
paragraph 5 of Schedule 5 to the principal Order, and article 3(2) of the principal Order in so far as it relates to that paragraph.
3
1st April 2009 is the day appointed —
a
for the coming into force of —
i
paragraphs 1, 4(b)(iii) and 6 of Schedule 2 to the principal Order, in so far as not already in force, and
ii
paragraphs 3 and 4(a) and (b)(i) and (ii) of Schedule 2 to the principal Order,
and article 2(2) of the principal Order, in so far as it relates to those paragraphs;
b
for the coming into force of —
i
paragraphs 1(b), 2, 6 and 9 of Schedule 3 to the principal Order, in so far as not already in force, and
ii
paragraphs 1(c), 5 and 7 of Schedule 3 to the principal Order,
and article 2(3) of the principal Order, in so far as it relates to those paragraphs; and
c
paragraphs 3 and 4 of Schedule 5 to the principal Order, and article 3(2) of the principal Order in so far as not already in force.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008 and shall come into force on 2nd July 2008.
2
In these Regulations —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“case” means an appeal pursuant to articles 2(6) or 4(6) of the Order or, under section 4(1)(b) of the Act, pursuant to article 3(2) of the Order;
“chairmen’s panel” has the same meaning as in paragraph 1 of the Schedule to the Protection of Children Act 1999 ;
“child” has the same meaning as in section 60(1) of the Act;
“the clerk” means, in relation to a hearing before the Tribunal, the person appointed by the Secretary to act as clerk to the Tribunal;
“document” means information recorded in writing or in any other form;
“lay panel” means the panel of persons who meet the requirements for membership of such a panel set out in regulation 3 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 , and references to membership of the lay panel shall be construed accordingly;
“nominated chairman” means the chairman appointed by the President in accordance with regulation 8;
“the Order” means the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 ;
“parties” means the applicant and the respondent;
“the President” has the same meaning as in paragraph 1 of the Schedule to the Protection of Children Act 1999 ;
“records” means the records of the Tribunal;
“the respondent” means the Independent Barring Board;
“the Secretary” means the person for the time being acting as the Secretary to the Tribunal;
“sensitive witness” means an adult witness where the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with giving evidence in the case;
“vulnerable adult” has the same meaning as in section 59 of the Act;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales within the meaning of the Banking and Financial Dealings Act 1971 .
PART 2 CONSTITUTION
Powers and functions exercisable by the President and Secretary
2
1
Anything which must or may be done by the President (except under regulation 8(1), (2), (3) or (4) or 20(4)), may be done by a member of the chairmen’s panel authorised by the President.
2
Anything which must or may be done by the Secretary may be done by a member of the Tribunal’s staff authorised by the Secretary.
PART 3 APPLICATIONS FOR PERMISSION TO APPEAL
Applying for permission to appeal
3
1
An application for permission to appeal to the Tribunal under section 4(4) of the Act against a decision —
a
not to remove the applicant from the children’s barred list under article 2(6) of the Order;
b
not to remove the applicant from the adults’ barred list under article 4(6) of the Order; or
c
under section 4(1)(b) of the Act, to include the applicant in the children’s barred list pursuant to article 3(2) of the Order,
must be made in writing to the Secretary and must be received by the Secretary no later than the first working day after the expiry of three months from the date of the letter informing the applicant of that decision.
2
An application under this regulation may be made on the application form available from the Secretary.
3
An application under this regulation must —
a
give the applicant’s name, date of birth and full postal address;
b
give sufficient information to make it clear whether the application falls within sub-paragraph (a), (b) or (c) of paragraph (1);
c
indicate the grounds upon which the applicant wishes to appeal;
d
give details of any new evidence since the decision was made which might lead the Tribunal to a different decision;
e
give the name, address and profession of the person (if any) representing the applicant;
f
give an address within the United Kingdom to which the Secretary should send documents concerning the appeal and application for leave;
g
give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative (if any); and
h
be signed and dated by the applicant.
Acknowledgement and notification of application
4
1
On receiving an application under regulation 3, the Secretary shall —
a
immediately send an acknowledgement of its receipt to the applicant; and
b
subject to the following provisions of this regulation, enter particulars of the application and the date of its receipt in the records.
2
If the President is of the opinion that the applicant is asking the Tribunal to do something which it cannot do, he may notify the applicant in writing —
a
of the reasons for his opinion; and
b
that the application will not be entered in the records unless within 5 working days the applicant notifies the President in writing that he wishes to proceed with it.
3
If in the Secretary’s opinion there is an obvious error in the application —
a
he may correct it;
b
he shall notify the applicant accordingly; and
c
unless within 5 working days of receipt of the notification under sub-paragraph (b) of this paragraph the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.
Response to application
5
1
The Secretary must send information provided by the applicant under regulation 3 to the respondent together with a request that it respond to the application within 20 working days of receiving it.
2
If the respondent fails to respond as requested, it shall not be entitled to take any further part in the proceedings.
3
The response must —
a
indicate whether or not the respondent opposes the application for permission to appeal, and if it does, why; and
b
provide the following information and documents —
i
the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the application to the representative rather than to the respondent;
ii
a copy of the letter informing the applicant of the decision which is the subject of the application for permission and appeal;
iii
copies of any observations submitted by the applicant in relation to the decision; and
iv
copies of any evidence or expert evidence relied on by the respondent in making the decision.
4
The Secretary must send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with paragraph (3)(b)(iv), to any direction of the President or the nominated chairman under regulation 16).
Grant or refusal of leave
6
1
The President or the nominated chairman shall grant or refuse an application for permission under regulation 3 without a hearing, as he sees fit.
2
Subject to regulation 7, if the President or the nominated chairman refuses permission the application shall be dismissed.
3
The Secretary must, without delay, notify the parties in writing of the President or nominated chairman’s decision, and if he has refused permission —
a
must notify them of his reasons for doing so; and
b
must inform the applicant of his right to request a reconsideration of the decision under regulation 7.
Reconsideration of permission
7
1
Where, pursuant to regulation 6, the President, or the nominated chairman, has refused permission to appeal, the applicant may apply to the President, or the nominated chairman, requesting a reconsideration of that decision.
2
An application under this regulation must be received by the Secretary within 10 working days after receipt of a notice under regulation 6(3), and must be in writing.
3
Upon receipt of such an application, the President or the nominated chairman must reconsider the decision to refuse permission.
4
If, in his application under paragraph (1), the applicant has asked to make representations about permission at a hearing, the Secretary must fix a hearing for those representations to be heard.
5
The Secretary must notify the respondent of any hearing fixed for the purpose of considering whether to grant permission, and the applicant and the respondent may appear or be represented by any person at that hearing.
6
If the President or the nominated chairman again refuses permission after reconsideration —
a
he must give his reasons for doing so in writing; and
b
the Secretary must send to the parties a copy of the President or the nominated chairman’s decision together with his reasons for refusing permission.
PART 4 CASE MANAGEMENT
Appointment of Tribunal
8
1
The President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) to determine the grant or refusal of permission to proceed with an application.
2
If permission to appeal is granted, the President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) and two members of the lay panel to determine the case.
3
The President may, at any time before the hearing (or, if the application is to be determined without an oral hearing, before the application is determined) nominate from the appropriate panel another person in substitution for the chairman or other member previously nominated.
4
The President shall nominate members of the lay panel who appear to him to have experience and qualifications relevant to the subject matter of the case.
5
The President or the nominated chairman may determine any application made in relation to the case.
Directions and preliminary matters
9
1
If either party has requested that there shall be a preliminary hearing, or if the President or the nominated chairman considers that a preliminary hearing is necessary, the President or the nominated chairman, as the case may be, shall fix a date for the preliminary hearing as soon as possible.
2
The Secretary shall notify the parties as soon as possible, and in any event not less than 5 working days before the hearing of the date, time and place of any preliminary hearing.
3
The parties may be represented or assisted at any preliminary hearing by any person.
4
At the preliminary hearing, or otherwise if a preliminary hearing is not to be held, the President or the nominated chairman —
a
shall give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Tribunal and, if the President or the nominated chairman considers it appropriate, to the other party;
b
may give any other direction in exercise of his powers under this Part that he considers appropriate; and
c
shall, where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date, which shall not be less that 10 working days after the last date on which he has directed that any document, witness statement or other evidence be sent to the Tribunal, by which the parties shall send in any written representations regarding the appeal.
5
The President or the nominated chairman may direct that exchange of witness statements or other material shall be simultaneous or sequential as he considers appropriate.
6
The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives under paragraphs (4) or (5) above.
7
The Tribunal (or the President or nominated chairman) may require any person (other than the parties) to attend and give evidence or produce documents at the hearing.
8
The Tribunal (or the President or nominated chairman) may invite any person who, in its, or his, opinion, has an interest in the proceedings to submit written representations and any such representations shall be sent to the Secretary before the end of the period of 14 days beginning with the date on which the invitation is sent to that person.
Fixing and notification of hearing
10
1
The Secretary must, in consultation with the President or the nominated chairman, fix a date for the hearing of the case unless the applicant has requested in writing that the case be determined without a hearing.
2
The date fixed for the hearing shall be the earliest practicable date having regard to any directions which have been made by the President or the nominated chairman with regard to the preparation of evidence but shall be no sooner than 15 working days after the latest date on which the President or the nominated chairman has directed that the evidence of the parties (including the statements of any witnesses or experts) shall be filed or exchanged.
3
The Secretary must inform the parties in writing of the date, time and place of the hearing no less than 20 working days before the date fixed for the hearing.
4
Subject to paragraph (5), the President or the nominated chairman may adjourn the hearing, either on the application of either party or on his own initiative.
5
The President or the nominated chairman shall not adjourn the hearing unless satisfied that a failure to adjourn would prevent the just disposal of the case.
6
If the President or the nominated chairman adjourns the hearing, then the Secretary must, without delay, inform the parties in writing of the date, time and place at which the hearing will be resumed.
General Conduct of Hearing
11
1
The Tribunal may regulate its own procedure.
2
At the beginning of the hearing the President or the nominated chairman must explain the order of proceedings which the Tribunal proposes to adopt.
3
The parties may be represented or assisted at the hearing by any person.
4
The applicant has the right to give evidence at the hearing in person, and any other person may do so unless the President or nominated chairman has directed otherwise.
5
The Tribunal may consider any evidence, whether or not such evidence would be admissible in a court of law.
6
The Tribunal may require any witness to give evidence on oath or affirmation which may be administered for the purpose by the President or nominated chairman or the clerk.
7
If either party fails to attend or be represented at the hearing, the Tribunal may determine the case in that party’s absence.
Hearing to be in public
12
1
The hearing must be in public except in so far as any person is excluded under regulation 17.
2
Whether or not the hearing is held in public —
a
the President;
b
the clerk; and
c
any person whom the President or the nominated chairman permits to be present in order to assist the Tribunal,
are entitled to attend the hearing.
3
Whether or not the hearing is held in public, the President may remain present during the Tribunal’s deliberations, but must not take part in those deliberations, except where the President is the nominated chairman of the Tribunal.
Summoning of witnesses
13
1
The President or the nominated chairman may, upon being requested to do so by either of the parties, or on his own initiative, issue a summons requiring any person to —
a
attend as a witness at the hearing, at the date, time and place set out in the summons; and
b
answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the case.
2
The summons must explain the right to apply under this regulation to have it varied or set aside.
3
A person summoned under this regulation may apply in writing to the Secretary for the summons to be varied or set aside by the President or the nominated chairman, and —
a
the President or the nominated chairman may vary the summons or set it aside if he sees fit; and
b
the Secretary must notify the person and the parties in writing of the decision.
4
No person shall be required to attend, answer questions or produce any document in obedience to a summons issued under this regulation unless —
a
he has been given at least 5 working days’ notice of the hearing; and
b
the necessary expenses of his attendance are paid or tendered to him by the applicant or by the Tribunal, as the President or the nominated chairman shall direct.
5
No person shall be required under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings in a county court.
Child, vulnerable adult and sensitive witnesses
14
1
A child shall only give evidence in person where, having regard to all the available evidence, and any representations made by the parties, the President or the nominated chairman considers that the welfare of the child will not be prejudiced by so doing.
2
If he directs that a child shall give evidence in person, the President or the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the child; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by children.
3
Where the President or the nominated chairman believes that it might not be in the best interests of a vulnerable adult or a sensitive witness for the vulnerable adult or sensitive witness to give oral evidence to the Tribunal, the President or the nominated chairman shall, having regard to all the available evidence, including any representations made by the parties, consider whether it would prejudice the vulnerable adult’s or sensitive witness’s welfare to give oral evidence to the Tribunal —
a
in any circumstances; or
b
otherwise than in accordance with paragraph (5).
4
If the President or the nominated chairman considers that it would prejudice the vulnerable adult’s or sensitive witness’s welfare —
a
to give oral evidence to the Tribunal in any circumstances, he shall direct that the vulnerable adult or sensitive witness shall not do so; or
b
to give oral evidence to the Tribunal otherwise than in accordance with paragraph (5) he shall direct that paragraph (5) shall apply in relation to the vulnerable adult or sensitive witness.
5
If he directs that this paragraph shall apply in relation to the vulnerable adult or sensitive witness, the President or the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the vulnerable adult or sensitive witness; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by vulnerable adults or sensitive witnesses.
6
The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to any person appointed under this regulation.
Expert evidence
15
1
The President or the nominated chairman may, if he thinks that any question arises in relation to the case on which it would be desirable for the Tribunal to have the assistance of an expert, appoint a person having appropriate qualifications to enquire into and report on the matter.
2
Subject to regulation 16, the Secretary must supply the parties with a copy of any written report received under paragraph (1) in advance of the hearing or, if the case is to be determined without an oral hearing, before the case is determined.
3
If the President or the nominated chairman sees fit, he may direct that the expert shall attend the hearing (if any), and give evidence.
4
The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to any person appointed under this regulation.
Withholding medical report from disclosure in exceptional circumstances
16
1
This regulation applies where —
a
the report received pursuant to regulation 15(1) consists of, or includes, a medical report, or the respondent wishes the Tribunal, in determining the case, to consider a medical report; and
b
the President or the nominated chairman is satisfied that —
i
disclosure to the applicant of all or any part of the contents of the medical report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and
ii
in all the circumstances it would not be unfair if that report, or that part of it, is considered by the Tribunal.
2
The President or the nominated chairman may appoint a person having appropriate skills or experience to assess whether disclosure of the medical report, or any part of it, to the applicant would be harmful to the applicant’s health or welfare and report on the matter to the President or the nominated chairman.
3
Where paragraph (1) applies, the President or the nominated chairman may direct that —
a
the medical report or any part of its contents must not be disclosed to the applicant; and
b
that report, or that part of it, may be considered by the Tribunal.
4
The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to the person mentioned in paragraph (2).
Exclusion of press and public
17
1
Where paragraph (2) applies, the President or the nominated chairman (or, at the hearing, the Tribunal) may on his (or its) own initiative, or on a request by the applicant that the hearing or any part of it should be conducted in private, direct that —
a
any member of the public specified in the direction;
b
members of the public generally; or
c
members of the press and members of the public,
be excluded from all or part of the hearing.
2
This paragraph applies where the President or the nominated chairman (or, at the hearing, the Tribunal) is satisfied that a direction under paragraph (1) is necessary in order to —
a
safeguard the welfare of any child, vulnerable adult or sensitive witness;
b
protect a person’s private life; or
c
avoid the risk of injustice in any legal proceedings.
Restricted Reporting Orders
18
1
Where paragraph (2) applies, the President or the nominated chairman (or, at the hearing, the Tribunal) may make a restricted reporting order.
2
This paragraph applies where the President or the nominated chairman (or, at the hearing, the Tribunal) is satisfied that an order under paragraph (1) is necessary in order to —
a
safeguard the welfare of any child, vulnerable adult or sensitive witness;
b
protect a person’s private life; or
c
avoid the risk of injustice in any legal proceedings.
3
A restricted reporting order is an order prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify the applicant, any child, any vulnerable adult or any other person who the President or the nominated chairman or the Tribunal considers should not be identified.
4
An order made under this regulation may be made in respect of a limited period and may be varied or revoked by the President or the nominated chairman before the hearing (or by the Tribunal at the hearing).
PART 5 DECISION
The decision
19
1
The Tribunal’s decision may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
2
The decision may be made and announced at the end of the hearing or reserved, and in any event, the decision must be recorded without delay in a document signed and dated by the President or the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal).
3
The document mentioned in paragraph (2) must also state the reasons for the decision.
4
The Secretary must, as soon as reasonably possible, send to each party a copy of the document mentioned in paragraph (2) and a notice explaining any right of appeal which they may have against the Tribunal’s decision, and the right to apply for a review of the Tribunal’s decision.
5
Except where a decision is announced at the end of the hearing, the decision shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (2) is sent to the applicant.
6
The decision shall be entered in the records.
Review of the Tribunal’s decision
20
1
A party may apply to the President for the Tribunal’s decision to be reviewed on the grounds that —
a
it was wrongly made as a result of an error on the part of the Tribunal staff;
b
a person, who was invited (or required) to attend and be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or
c
there was an obvious error in the decision.
2
An application under this regulation must —
a
be made not later than 10 working days after the day on which the decision was sent to the party applying for the Tribunal’s decision to be reviewed; and
b
must be in writing stating the grounds in full.
3
An application under this regulation may be refused by the President, or by the chairman of the Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.
4
Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the Tribunal which decided the case or, where that is not practicable, by another Tribunal appointed by the President.
5
The Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1) above, in which case —
a
the Secretary shall serve notice on the parties not later than ten working days after the date on which the decision was sent to them; and
b
the parties shall have an opportunity to be heard.
6
If, following an application, or on its own initiative, the Tribunal is satisfied as to any of the grounds referred to in paragraph (1) —
a
it shall order that the decision be reviewed; and
b
it may give directions to be complied with before or after the hearing of the review.
7
The power to give directions under paragraph (6) includes a power to give a direction requiring a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.
Powers of Tribunal on review
21
1
The Tribunal may, having reviewed a decision —
a
set aside the decision by certificate signed by the President or the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal); and
b
substitute such other decision as it is lawfully entitled to do, or order a rehearing before the same or a differently constituted Tribunal.
2
If any decision is set aside (whether as a result of a review or by order of the Court of Appeal), the Secretary shall alter the relevant entry in the records to conform to the President’s or chairman’s certificate or the Order of the Court of Appeal and shall notify the parties accordingly.
3
Any decision of the Tribunal under this regulation may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
Publication
22
1
The President must make such arrangements as he considers appropriate for the publication of Tribunal decisions.
2
Decisions may be published electronically.
3
The decision may be published in an edited form, or subject to any deletions, if the nominated chairman considers it appropriate bearing in mind —
a
the need to safeguard the welfare of any child or vulnerable adult;
b
the need to protect the private life of any person;
c
any representations on the matter which the applicant has provided in writing;
d
the effect of any subsisting restricted reporting order; and
e
the effect of any direction under regulation 16.
PART 6 SUPPLEMENTARY
Methods of sending documents
23
1
Any document may be sent to the Secretary by post, by fax, electronically or through a document exchange, unless the President or the nominated chairman directs otherwise.
2
Any notice or document which these Regulations authorise or require the Secretary to send to an applicant shall be sent —
a
by first-class post to the address given for the purpose by that party in accordance with these Regulations;
b
by fax or electronically to a number or address given by that party for the purpose; or
c
where the party has given for the purpose an address which includes a numbered box number at a document exchange, by leaving the notice or document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every working day to that exchange.
3
If a notice or document cannot be sent to a party in accordance with paragraph (2), the President or the nominated chairman may dispense with service of it or direct that it be served on that party in such manner as he thinks appropriate.
4
Any notice or document sent by the Secretary to an applicant in accordance with these Regulations shall be taken to have been received —
a
if sent by post and not returned, on the second working day after it was posted;
b
if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent;
c
if left at a document exchange in accordance with paragraph (2)(c), on the second working day after it was left; and
d
if served in accordance with a direction under paragraph (3), on the next working day after it was so served.
Irregularities
24
1
Any irregularity resulting from failure to comply with any provision of these Regulations or any direction given in accordance with them before the Tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any irregularity comes to the attention of the President or the nominated chairman (before the hearing) or the Tribunal he or it may and, if it appears that any person may have been prejudiced by the irregularity shall, before reaching a decision, give such directions as he or it thinks just to cure or waive the irregularity.
3
Clerical mistakes in any document recording the decision of the Tribunal or a direction or decision of the President or the nominated chairman, or errors arising in such documents from accidental slips or omissions, may at any time be corrected by the President or the nominated chairman by means of a certificate signed by him.
4
The Secretary shall as soon as practicable where a document is corrected in accordance with paragraph (3) send the parties a copy of any corrected document together with reasons for the decision to correct the document.
Death of applicant
25
If the applicant dies before the case or application for permission is determined, the President or the nominated chairman may —
a
strike out the case or application for permission in so far as it relates to that individual without making a costs order; or
b
appoint such person as he thinks fit to proceed with the case or application in place of the deceased applicant.
Withdrawal of application
26
If the applicant at any time notifies the Secretary of State in writing, or states at a hearing, that he no longer wishes to pursue the proceedings, the President or the nominated chairman (or at the hearing, the Tribunal) must dismiss the proceedings.
Proof of documents and certification of decisions
27
1
A document purporting to be issued by the Secretary shall be taken to have been so issued, unless the contrary is proved.
2
A document purporting to be certified by the Secretary to be a true copy of a document containing —
a
a decision of the Tribunal; or
b
an order of the President or the nominated chairman or of the Tribunal,
shall be sufficient evidence of the matters contained in it, unless the contrary is proved.
Time
28
1
The President or the nominated chairman may extend any time limit mentioned in these Regulations if in the circumstances —
a
it would be unreasonable to expect it to be, or to have been, complied with; and
b
it would be unfair not to extend it.
2
The President or the nominated chairman may reduce any time limit mentioned in these Regulations if he considers it reasonable to do so and the parties in the case agree to the reduction.
3
Where the time prescribed by these Regulations, or specified in any direction given by the President or the nominated chairman, for taking any step expires on a day which is not a working day, the step must be treated as having been done in time if it is done on the next working day.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
9th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008 and shall come into force on 25th February 2008.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)) , for “1957” substitute “1947”.
3
In regulation 3E(2)(l) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), for “27th October 2002” substitute “24th February 2008”.
4
Omit regulation 3F (transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 1).
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Levies) (Amendment) Regulations 2008 and shall come into force on 31st March 2008.
Amendment of the Occupational Pension Schemes (Levies) Regulations 2005
2
For regulation 6(2) of the Occupational Pension Schemes (Levies) Regulations 2005 (the amount of the administration levy payable), substitute —
2
This is the table for the administration levy for the financial year ending with 31st March 2009 and for each financial year after that —
Column 1
Number of members on the reference day
Column 2
Amount of levy calculated by reference to number of members (M)
Column 3
Minimum amount of levy
2 to 11 £42 12 to 99 £4.33 x M 100 to 999 £3.12 x M £430 1,000 to 4,999 £2.43 x M £3,120 5,000 to 9,999 £1.84 x M £12,150 10,000 or more £1.29 x M £18,400.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th March 2008


text:
Title, commencement and application
1
1
These Regulations —
a
may be cited as the Drinking Milk (England) Regulations 2008;
b
come into force on 1st July 2008; and
c
apply only in England.
Interpretation
2
1
In these Regulations —
“the 1990 Act ” means the Food Safety Act 1990;
“the Annex” means Annex XIII to the Council Regulation ;
“Article 114(2)” means Article 114(2) of the Council Regulation;
“the Council Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);
“drinking milk” has the meaning given in point I(b) of the Annex;
“food authority” does not include the appropriate Treasurer referred to in section 5(1) of the 1990 Act;
“milk” has the meaning given in point I(a) of the Annex; and
“sell” includes possess for sale and offer, expose or advertise for sale.
2
Other expressions used in these Regulations and in the Council Regulation which are not defined in these Regulations have the same meaning in these Regulations as they have in the Council Regulation.
3
References in these Regulations to Article 114(2) and the Annex are references to Article 114(2) and the Annex as amended from time to time.
Sale or delivery of milk and use of sales description
3
No person may —
a
sell or deliver milk; or
b
use or omit to use a sales description for any product,
in contravention of Article 114(2) or point II (1) and (2) of the Annex as read with point III of the Annex.
Importation of products from outside the European Community for sale as drinking milk
4
No person may import into England from outside the Community any product for sale as drinking milk in contravention of point IV of the Annex.
Enforcement
5
1
Each food authority must enforce the provisions of these Regulations within its area.
2
Each food authority must give such assistance and information to any other food authority in Great Britain as that other food authority may reasonably require for the purpose of carrying out its duties under these Regulations or an equivalent provision.
3
In this regulation, “equivalent provision” means a provision in Regulations made in Scotland or Wales for the purpose of implementing Article 114(2) or the Annex.
Offences and penalties
6
Any person who fails to comply with regulation 3 or 4 is —
a
guilty of an offence; and
b
liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of provisions of the 1990 Act
7
1
The provisions of the 1990 Act set out in paragraph (3) apply for the purposes of these Regulations.
2
For the purposes of these Regulations, any reference in those provisions to the 1990 Act or to a Part of the 1990 Act must be construed as a reference to these Regulations.
3
The provisions are —
a
section 2 (extended meaning of “sale” etc. ) ;
b
section 3 (presumptions that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) ;
e
paragraph (8) of section 30 (analysis etc. of samples);
f
section 33 (obstruction etc. of officers);
g
paragraphs (1) to (3) of section 35 (punishment of offences) in so far as the paragraphs relate to offences under paragraphs (1) and (2) of section 33 ;
h
section 36 (offences by bodies corporate); and
i
section 44 (protection of officers acting in good faith).
Revocations
8
The Drinking Milk Regulations 1998 and the Drinking Milk (Amendment) Regulations 2007 are revoked.
Amendments
9
1
Regulation 2(1) of the Food Labelling Regulations 1996 is amended in accordance with paragraphs (2) to (4).
2
After the definition of “confectionery product”, insert —
“Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);
.
3
In the definition of “raw milk”, for the words “Article 3(1) of Council Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk”, substitute “point III(1) of Annex XIII to Council Regulation 1234/2007”.
4
In the definitions of “semi-skimmed milk”, “skimmed milk” and “whole milk”, for the words “Article 3(1) of Council Regulation (EC) No 2597/97 ”, substitute “”point III(1) of Annex XIII to Council Regulation 1234/2007”.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
13th May 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment (No. 2) Regulations 2008 and come into force on 1st December 2008.
2
In these Regulations —
“the principal Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .
Amendment of regulation 15 of the principal Regulations
2
At the end of regulation 15 of the principal Regulations add the following paragraph —
6
Where the claimant is a member of a polygamous marriage, the resources and requirements of members of that marriage must be calculated in the same manner as those of the claimant and they must be taken into account as if they were the resources and requirements of the claimant, except that the applicable amount shall be calculated in accordance with regulation 18 of the Income Support Regulations.
.
Amendment of Schedule 1 to the principal Regulations, Table A
3
In Schedule 1 to the principal Regulations (modifications of the Income Support (General) Regulations 1987 ), Table A —
a
in column (2) of the entry relating to regulation 40 (calculation of income other than earnings), insert at the end —
For paragraph (6) substitute the following paragraphs —
6
Where —
a
the claimant is a member of a couple or a polygamous marriage;
b
the claimant or the claimant’s partner (or either or any of them if the claimant has more than one partner) is receiving a contributory employment and support allowance; and
c
that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations ,
that reduction shall not affect the amount of benefit that is to be taken into account.
6A
Where —
a
the claimant is a single claimant or a lone parent;
b
the claimant is receiving a contributory employment and support allowance; and
b
that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,
that reduction shall not affect the amount of benefit that is to be taken into
account.
; and
b
in column (2) of the entry relating to Schedule 8 (sums to be disregarded in the calculation of earnings), after the second entry for paragraph 4 insert —
After paragraph 4 insert —
4A
1
Income is disregarded under this sub-paragraph where —
a
the claimant is undertaking work which falls within the categories in regulation 45(2) to (4) of the Employment and Support Allowance Regulations;
b
the partner of a claimant is in receipt of employment and support allowance and is undertaking work which falls within the categories in paragraphs (2) to (4) of regulation 45 of the Employment and Support Allowance Regulations but paragraph (c) is not applicable; or
c
both a claimant and the partner of the claimant are in receipt of employment and support allowance and both are undertaking work which falls within the categories in regulation 45(2) to (4) of the Employment and Support Allowance Regulations.
2
Where sub-paragraph (1)(a) or (b) applies, income is disregarded to the same extent as it would be disregarded under paragraphs 5 and 6 of Schedule 7 to the Employment and Support Allowance Regulations.
3
Where sub-paragraph (1)(c) applies, the aggregate income of the claimant and the partner is disregarded to the same extent as it would be disregarded under paragraphs 5 and 6 of that Schedule in the case of an individual.
4
The other disregards in paragraphs 4 to 9 are not applicable where income is disregarded under this paragraph.
5
In this paragraph “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act.
.
Amendment of Schedule 1 to the principal Regulations, Table B
4
In Schedule 1 to the principal Regulations (modifications of the Income Support (General) Regulations 1987), in Table B —
a
in column (2) after the first entry relating to regulation 18(1) insert the following entry —
For regulation 18(1) (a) and (b) substitute —
a
where each member of the marriage is aged less than 60 —
i
the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub-paragraph (5) of paragraph 1 of Schedule 2; and
ii
an amount equal to the difference between the amounts specified in sub-paragraphs (5) and (1) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken into account in determining the amount under (i) above;
b
where any member of the marriage is aged 60 or more —
i
the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub-paragraph (6) of paragraph 1 of Schedule 2; and
ii
an amount equal to the difference between the amounts specified in sub-paragraphs (6) and (2) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken into account in determining the amount under (i) above;
;
b
in column (2) of the entry relating to Schedule 2 —
i
after the second entry insert —
After paragraph 1 (personal allowances) insert —
1ZA
1
A single claimant or lone parent aged less than 25 who —
a
is entitled to an ESA component; or
b
is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which begins no earlier than 27th October 2008,
has a personal allowance equal to the amount of the personal allowance which would apply if that person were not less than 25 years old.
2
In sub-paragraph (1) “ESA component” means a support component or a work-related activity component within the meaning of section 4 of the Welfare Reform Act.
;
ii
for the entry relating to paragraph 11 (disability premium), substitute —
For paragraph 11(1) substitute the following entries —
11
1
Subject to sub-paragraph (2), the condition is that —
a
where the claimant is a person aged less than 60 who is a single claimant or a lone parent, an additional condition specified in paragraph 12 is satisfied; or
b
where the claimant has a partner and both the claimant and the partner are aged less than 60, an additional condition specified in paragraph 11A(1) or 12 is satisfied by at least one of them; or
c
where the claimant is a person aged less than 60 who is a single claimant or a lone parent, an additional condition specified in paragraph 11A(2) is satisfied.
;
After paragraph 11 insert —
11A
1
The additional conditions referred to in paragraph 11(1)(b) are —
a
the claimant is a member of a couple and a member of that couple has been awarded employment and support allowance which includes an ESA component; or
b
the claimant is a member of a couple and a member of that couple has been in receipt of employment and support allowance for 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27th October 2008.
2
The additional conditions referred to in paragraph 11(1)(c) are —
a
the claimant is a single claimant or lone parent who is in receipt of an employment and support allowance which includes a support component;
b
the claimant is a single claimant or lone parent who is in receipt of an employment and support allowance which includes a work-related activity component;
c
the claimant is a single claimant or lone parent who has been in receipt of employment and support allowance for a period of 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27 th October 2008;
d
the claimant is a —
i
single claimant or lone parent;
ii
severely disabled person within the meaning of paragraph 13(2)(a)(i); and
iii
person who has been in receipt of employment and support allowance for a period of not less than 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27th October 2008.
3
In this paragraph —
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;
“ESA component” means either a support component or a work related activity component; and
“support component” and “work-related activity component” have the same meanings as in section 4 of that Act.
; and
iii
after the entry relating to paragraph 13(2)(a)(ii) and (b)(iii) insert —
For paragraph 13A(1) (enhanced disability premium) substitute —
13A
1
Subject to sub-paragraph (2), the conditions are that —
a
the claimant is aged less than 60 and, where the claimant is a member of a couple, the claimant’s partner is aged less than 60; and
b
the claimant or, as the case may be, the claimant’s partner is —
i
in receipt of employment and support allowance which includes a support component; or
ii
in receipt of the care component of disability living allowance at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act or would be in receipt of that component at that rate but for either a suspension of benefit in accordance with regulations made under section 113(2) of that Act or an abatement as a consequence of hospitalisation.
.
After 13A(2) insert —
3
In this paragraph “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act and “support component” has the same meaning as in section 4 of that Act.
.
In paragraph 15(4)(a) (weekly amount of disability premium) for the entry in the left column substitute —
(a) where the condition in paragraph 11(1)(a) is satisfied or the condition in paragraph 11(1)(c) and an additional condition in paragraph 11A(2) (b) or (c) are satisfied;
After paragraph 15(4)(a) insert the following entry —
(aa) where the condition in paragraph 11(1)(c) and an additional condition in paragraph 11A(2) (a) or (d) are satisfied; (aa) an amount equal to the support component in paragraph 13 of Schedule 4 to the Employment and Support Allowance Regulations.
In paragraph 15(4)(b) (weekly amount of premium) for the entry in the left column substitute —
(b) Where the condition in paragraph 11(1)(b) and an additional condition in paragraph 11A(1) or paragraph 12 are satisfied.
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
5th November 2008