text:
Title, commencement and application
1
1
The title of these Regulations is the Assembly Learning Grant (Further Education) Regulations 2008.
2
These Regulations come into force on 1 April 2008 and apply in relation to Wales.
Interpretation
2
In these Regulations —
“the 2007 Regulations ” (“ Rheoliadau 2007 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 as amended or replaced;
“Academic Year 2008/2009” (“ Blwyddyn Academaidd 2008/2009 ”) means the period of 12 months beginning on 1 September 2008, 1 January 2009, 1 April 2009 or 1 July 2009, according to whether the academic year of the course in question begins on or after 1 September 2008 and before 1 January 2009, on or after 1 January 2009 and before 1 April 2009, on or after 1 April 2009 and before 1 July 2009 or on or after 1 July 2009 and before 1 September 2009;
“contact hours” (“ oriau cyswllt ”) means the period of time expressed in hours in respect of which an eligible student receives teaching or supervision during periods of study or practice;
“designated course” (“ cwrs dynodedig ”) means a course designated as such by the Welsh Ministers for the purposes of these Regulations, such course including education (other than higher education) or training consisting of a course or programme of study —
which requires attendance at a further education institution or at the premises of another provider of education or training, and
which is funded by the Welsh Assembly Government or the Learning and Skills Council under the Learning and Skills Act 2000, or is funded by a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;
“eligible student” (“ myfyriwr cymwys ”) has the meaning given in regulation 3;
“financial year” (“ blwyddyn ariannol ”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of regulations 9 to 12 is computed for the purposes of the income tax legislation which applies to it;
“higher education” (“ addysg uwch ”) means education provided by means of a course of any description in Schedule 6 to the Education Reform Act 1988 ;
“household income” (“ incwm yr aelwyd ”) has the meaning given in regulation 8;
“independent eligible student” (“ myfyriwr cymwys annibynnol ”) has the meaning given in regulation 13;
“ Member State ” (“ Aelod-wladwriaeth ”) means a Member State of the European Community;
“parent” (“ rhiant ”) means a natural or adoptive parent;
“partner” (“ partner ”) in relation to an eligible student means any of the following —
the spouse of an eligible student;
the civil partner of an eligible student;
a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within regulation 13(1)(a);
a person ordinarily living with an eligible student as if he or she were the eligible student’s spouse;
“partner” (“ partner ”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student —
the spouse of an eligible student’s parent;
the civil partner of an eligible student’s parent;
a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;
a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;
“period of full time study” (“ cyfnod astudio llawnamser ”) means a period of study on one or more designated courses comprising 500 or more contact hours during the period of 12 months starting with the first day of the academic year of the course in question;
“period of part-time study”(“ cyfnod astudio rhan-amser ”) means a period of study on one or more designated courses and comprising not less than 275 contact hours nor more than 499 contact hours during the period of 12 months starting with the first day of the academic year of the course in question;
“preceding financial year” (“ blwyddyn ariannol flaenorol ”) means the financial year immediately preceding the relevant year;
“relevant year” (“ blwyddyn berthnasol ”) means the academic year in respect of which the household income falls to be assessed;
“residual income” (“ incwm gweddilliol ”) means taxable income after the application of regulation 9 (in the case of an eligible student), regulation 10 (in the case of an eligible student’s parent), regulation 11 (in the case of an eligible student’s partner) or regulation 12 (in the case of the partner of an eligible student’s parent);
“taxable income” (“ incwm trethadwy ”) means, in relation to regulation 9, in respect of the Academic Year 2008/2009 and, in relation to regulation 10, in respect (subject to paragraphs (3), (4) and (5) of regulation 10) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of —
the Income Tax Acts;
the income tax legislation of another Member State which applies to the person’s income; or
where the legislation of more than one Member State applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in regulation 10).
Eligibility
3
1
An eligible student qualifies for an Assembly Learning Grant in connection with a period of full-time study or a period of part-time study subject to and in accordance with these Regulations.
2
A person is an eligible student in connection with a designated course if:
a
in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1 to the 2007 Regulations;
b
the person is not excluded by paragraph (3); and
c
the person has reached the age of 19 on or before 1 September 2008.
3
A person shall not be an eligible student if:
a
the only paragraph in Part 2 of Schedule 1 of the 2007 Regulations into which he or she falls is paragraph 9;
b
the student has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive an Assembly Learning Grant;
c
the student has already received an Assembly Learning Grant in relation to his or her attendance on any course during an Academic Year 2008/2009; or
d
there has been bestowed on, or paid to the person in relation to the person’s attendance on the course —
i
a healthcare bursary;
ii
a Coleg Harlech bursary or an equivalent long course bursary provided by the Residential Colleges Committee or Scottish Further Education Funding Council;
iii
separate funding by the Welsh Assembly Government in respect of a Work Based Learning Programme; or
iv
such other financial support from public funds as determined by the Welsh Ministers.
Academic progression
4
1
Subject to paragraph (2) and regulation 5, the Welsh Ministers must not pay an Assembly Learning Grant to a student in respect of the Academic Year 2008/2009 or part of that academic year unless they are satisfied on reasonable grounds that the period of study concerned involves academic progression for the student in comparison with study undertaken by the student in previous academic years.
2
The Welsh Ministers may pay an Assembly Learning Grant to a student for a repeated academic year if that year is a repeat of a preceding academic year that the student was unable to complete because of compelling personal reasons.
Transfers
5
Where a student who is entitled to an Assembly Learning Grant in accordance with these Regulations transfers to another designated course comprising a period of full-time study or a period of part-time study during the Academic Year 2008/2009, the Welsh Ministers may pay an Assembly Learning Grant to that student for the remainder of the Academic Year 2008/2009, except that if —
a
the Welsh Ministers are satisfied on reasonable grounds that the new course does not involve academic progression for the student as compared to the course from which he or she has transferred; and
b
the student enrols on the course to which he or she is transferring more than 20 weeks after the start the previous course,
no Assembly Learning Grant is payable.
Applications
6
1
A person must apply for support in connection with these Regulations by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation and by such time as the Welsh Ministers may require.
2
The Welsh Ministers may take such steps and make such enquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.
3
The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support and if the applicant does qualify, the amount of support payable in respect of the Academic Year 2008/2009, if any.
Grant entitlement
7
1
An eligible student who qualifies for support in connection with a period of full time study in accordance with these Regulations receives an amount as follows —
a
where the household income is £5,745 or less, he or she receives £1,500;
b
where the household income exceeds £5,745 but does not exceed £11,490, he or she receives £750; and
c
where the household income exceeds £11,490 but does not exceed £17,250, he or she receives £450.
2
An eligible student who qualifies for support in connection with a period of part — time study in accordance with these Regulations receives an amount as follows —
a
where the household income is £5,745 or less, he or she receives £750;
b
where the household income exceeds £5,745 but does not exceed £11,490, he or she receives £450; and
c
where the household income exceeds £11,490 but does not exceed £17,250, he or she receives £300.
Household Income
8
1
Household income for the purpose of these Regulations is calculated in accordance with this regulation and regulations 9 to 12.
2
The household income is —
a
in the case of an eligible student who is not an independent eligible student —
i
the residual income of the eligible student, or
ii
the residual income of the eligible student’s parent (subject to regulation 10(9)) aggregated with the residual income of the partner of the student’s parent provided that the Welsh Ministers have selected that parent under regulation 10(9),
whichever of the two incomes is the higher;
b
in the case of an independent eligible student who has a partner, the residual income of the eligible student or the residual income of the eligible student’s partner, whichever of the two incomes is the higher; or
c
in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.
Calculation of eligible student’s residual income
9
1
Except where the student is undertaking a designated course comprising a period of part-time study, for the purpose of determining the residual income of an eligible student, there is deducted from his or her taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
any remuneration for work done during the relevant year, provided that such remuneration does not include any sums paid in respect of any period for which he or she has leave of absence or is relieved of his or her normal duties for the purpose of attending that course;
b
the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273 of the Income and Corporation Taxes Act 1988 , or under section 188 of the Finance Act 2004 , or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.
2
Where the only paragraph in Part 2 of Schedule 1 to the 2007 Regulations into which an eligible student falls is paragraph 9 and his or her income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Part 2 of Schedule 1 to the 2007 Regulations, his or her income is not disregarded in accordance with paragraph (1) but is instead disregarded to the extent necessary to ensure that he or she is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 to the 2007 Regulations would be treated if in similar circumstances and in receipt of similar income.
3
Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is —
a
if the student purchases sterling with the income, the amount of sterling the student so receives;
b
otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics .
Calculation of parent’s residual income
10
1
For the purposes of determining the taxable income of an eligible student’s parent, any deductions which fall to be made or exemptions which are permitted —
a
by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;
b
pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or
c
under paragraph (2),
are not made or permitted.
2
For the purposes of determining the residual income of an eligible student’s parent, there is to be deducted from the taxable income determined under paragraph (1) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 273 of the Income and Corporation Taxes Act 1988 or section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
b
in any case where income is computed for the purposes of the Income Tax Acts by virtue of paragraph (6) any sums equivalent to the deduction mentioned in paragraph (2)(a), provided that any sums so deducted do not exceed the deductions which would be made if the whole of the eligible student’s parent’s income were in fact income for the purposes of the Income Tax Acts;.
3
Where the Welsh Ministers are satisfied that the income of the parent in the financial year beginning immediately before the relevant year (“the current financial year”) is, as a result of some event beyond his or her control, likely to be less than the sterling value of his or her income in the preceding financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.
4
Where the Welsh Ministers are satisfied that the income of the parent in any financial year is, as a result of some event beyond his or her control, likely to be and to continue after that year to be less than the sterling value of his or her income in the previous financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the eligible student’s course in which that event occurred by taking as the residual income of the parent the average of his or her residual income for each of the financial years in which that academic year falls.
5
Where the eligible student’s parent satisfies the Welsh Ministers that his or her income is wholly or mainly derived from the profits of a business or profession carried on by him or her, then any reference in this regulation to a preceding financial year means the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.
6
Where an eligible student’s parent is in receipt of any income which does not form part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that —
a
he or she is not resident, ordinarily resident or domiciled in the United Kingdom or another Member State;
b
the income does not arise in the United Kingdom or another Member State; or
c
the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,
his or her taxable income for the purposes of these Regulations is computed as though the income under this paragraph were part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
7
Where the income of the eligible student’s parent is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of these Regulations in the currency of that Member State and the income of the eligible student’s parent for the purposes of these Regulations is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.
8
Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is —
a
where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or
b
where the parent dies during the relevant year, the aggregate of —
i
the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and
ii
the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.
9
Where the Welsh Ministers determine that the parents do not ordinarily live together throughout the relevant year, the household income is determined by reference to the income of whichever parent the Welsh Ministers consider the more appropriate under the circumstances.
10
Where the Welsh Ministers determine that the parents do not ordinarily live together for part only of the relevant year, the household income is determined by reference to the aggregate of —
a
the appropriate proportion of the household income determined in accordance with paragraph (9), being the proportion in respect of that part of the relevant year for which the parents do not so live together; and
b
the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.
Calculation of eligible student’s partner’s residual income
11
1
Subject to paragraphs (2), (3) and (4) of this regulation and with the exception of paragraphs (8), (9) and (10) of regulation 10, an eligible student’s partner’s residual income is determined in accordance with regulation 10, references to the parent being construed as references to the eligible student’s partner.
2
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together throughout the relevant year, the partner’s income is not taken into account in determining the household income.
3
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together for part only of the relevant year, the partner’s residual income is determined by reference to his or her residual income under paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and his or her partner ordinarily live together.
4
Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.
Calculation of parent’s partner’s residual income
12
The residual income of an eligible student’s parent’s partner whose residual income is part of the household income by virtue of regulation 8(2)(a) is determined in accordance with regulation 11, references to the eligible student’s partner being construed as references to the eligible student’s parent’s partner and references to the eligible student being construed as references to the eligible student’s parent.
Independent eligible student
13
1
For the purpose of these Regulations an independent eligible student is an eligible student in every case where —
a
he or she is aged 25 or over on the first day of the relevant year;
b
he or she is married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;
c
he or she has no parent living;
d
the Welsh Ministers are satisfied that neither of his or her parents can be found or that it is not reasonably practicable to get in touch with either of them;
e
he or she has communicated with neither of his or her parents for the period of one year before the beginning of the relevant year or, in the opinion of the Welsh Ministers, he or she can demonstrate on other grounds that he or she is irreconcilably estranged from his or her parents;
f
he or she was looked after by a local authority within the meaning of section 22 of the Children Act 1989 throughout any three-month period ending on or after the date on which he or she attained the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that he or she has not in fact at any time during the relevant period been under the charge or control of his or her parents;
g
his or her parents are residing outside the European Community and the Welsh Ministers are satisfied that either —
i
the assessment of the household income by reference to their residual income would place those parents in jeopardy; or
ii
it would not be reasonably practicable for those parents as a result of the calculation of any contribution under regulation 8 to send any relevant funds to the United Kingdom;
h
regulation 10(9) applies and the parent whom the Welsh Ministers considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
i
he or she is a member of a religious order who resides in a house of that order;
j
he or she —
i
has care of a person under 18 years of age on the first day of the relevant year; or
ii
has had care of a person under 18 years of age at any time during the present course prior to the first day of the relevant year;
k
he or she has supported himself or herself out of his or her earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this paragraph he or she is treated as supporting himself or herself out of his or her earnings during any period in which —
i
he or she was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);
ii
he or she was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;
iii
he or she was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;
iv
he or she held a State Studentship or comparable award;
v
he or she received any pension, allowance or other benefit paid by any person by reason of a disability to which he or she is subject, or by reason of confinement, injury or sickness.
Attendance
14
1
The Welsh Ministers may recalculate an applicant’s entitlement to an Assembly Learning Grant in accordance with paragraph (2) if the applicant’s attendance on the designated course in respect of which he or she has made an application for an Assembly Learning Grant is unsatisfactory.
2
The formula for re-calculation is —
Actual Attendance Possible Attendance × ALG = Recalculated Entitlement
3
In this Regulation —
“actual attendance” (“ mynychu gwir ”) means the number of days attendance by the applicant notified to the Welsh Ministers by the institution delivering the course, excluding any number of days not exceeding 60 on which the applicant was absent due to illness;
“ALG” (“ GDC ”) means the entitlement to Assembly Learning Grant calculated in accordance with regulation 7;
“possible attendance” (“ mynychu posibl ”) means the number of days from the first to last day of required attendance on the course.
Payment of Assembly Learning Grant
15
1
The Welsh Ministers must pay the grant for which an eligible student qualifies under these Regulations and in such instalments (if any) and at such times as they consider appropriate and in the exercise of their functions under this regulation they may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
2
Payments may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Overpayments
16
An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the student under these Regulations which for whatever reason exceeds the amount of Assembly Learning Grant to which he or she is entitled under these Regulations.
Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers
26 February 2008


type: legislation

jurisdiction: UK

text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Shropshire (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 as it has effect in relation to the Shropshire council ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 7 functions” means the functions referred to in article 7;
“Shropshire”, except in the definition of “the Shropshire council” and the second mention of those words in article 3(2), means the county of Shropshire;
“the 2009 election day ” means the ordinary day of election of councillors in 2009;
“the district councils” means the councils specified in article 4(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);
“the main transitional function” has the meaning given by article 6(1); and
“the Shropshire council” means the council of the county of Shropshire.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN SHROPSHIRE
Single tier local government in Shropshire
3
1
On and after 1st April 2009 the Shropshire council shall be the sole principal authority for Shropshire.
2
For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Shropshire; and the name of that new district shall be Shropshire.
Abolition of districts and winding up and dissolution of district councils
4
On 1st April 2009 —
a
the following local government areas shall be abolished —
i
the borough of Oswestry,
ii
the borough of Shrewsbury and Atcham,
iii
the district of Bridgnorth,
iv
the district of North Shropshire, and
v
the district of South Shropshire; and
b
the following councils shall be wound up and dissolved —
i
Oswestry Borough Council,
ii
Shrewsbury and Atcham Borough Council,
iii
Bridgnorth District Council,
iv
North Shropshire District Council, and
v
South Shropshire District Council.
Cessation of term of office of district councillors
5
Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Transitional functions of the Shropshire council and establishment of Implementation Executive
6
1
On the coming into force of this Order there shall be added to the functions of the Shropshire council the function, which is to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).
2
Section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the Shropshire council and —
a
the main transitional function, and
b
the other transitional functions referred to in article 7 (“the article 7 functions”),
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Shropshire (Structural Change) Order 2008,”.
3
The Shropshire council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility of a committee of the council’s executive, to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply to, or in relation to, the Implementation Executive subject only to paragraphs (5) and (7) to (10) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of —
a
the person who is for the time being the leader of the Shropshire council’s executive;
b
seven persons nominated by the Shropshire council who are for the time being cabinet members of its executive;
c
seven other persons nominated by the Shropshire council of whom, for the time being —
i
four are Labour Party members of that council, and
ii
three are Liberal Democrat members of that council;
d
the five persons who are for the time being the leaders of the district councils; and
e
nine other persons, of whom, for the time being —
i
one is an Independent member of Bridgnorth District Council and another is a Liberal Democrat member of that Council,
ii
one is an Independent member of North Shropshire District Council,
iii
one is a Conservative Party member of Oswestry Borough Council and another is a Liberal Democrat member of that Council,
iv
one is a Conservative Party member of Shrewsbury and Atcham Borough Council, and
v
two are Conservative Party members of South Shropshire District Council and another is a Liberal Democrat member of that Council.
6
It shall be the duty of the Shropshire council and each of the district councils to co-operate in the establishment of the Implementation Executive.
7
The leader of the Implementation Executive shall be the person who is for the time being the leader of the Shropshire council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.
8
The persons who, immediately before 1st April 2009, are members of the Implementation Executive by virtue of paragraph (5)(d) or (e) shall continue as members of the Executive notwithstanding that they cease on that date to be members of the district councils.
9
The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Executive) having one vote.
10
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.
11
In paragraph (5)(e) “Independent”, in relation to a person, means that the person is not a member of any registered party within the meaning of the Political Parties, Elections and Referendums Act 2000 .
Other transitional functions
7
1
The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, are —
a
such executive and non-executive functions of the Shropshire council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State may specify.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
8
1
The discharge of the main transitional function and the article 7 functions shall be a responsibility of the Implementation Executive, and shall not be a responsibility of the executive of the Shropshire council.
2
Section 15(7) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in relation to the Implementation Executive as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
3
Section 15(9) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect in relation to arrangements made under subsection (7) of that section (as modified by paragraph (2) above) as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
4
Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply on or before 31st March 2009 in relation to any matter —
a
that is a responsibility of the Implementation Executive by virtue of paragraph (1), or
b
that is the responsibility of that Executive under arrangements made by the Shropshire council under the 2000 Act.
5
Until 1st April 2009, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 8(6) of the Shropshire (Structural Change) Order 2008”.
6
The Shropshire council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.
7
Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall inform the Shropshire council and the district councils at least once in each period of three months beginning with the period ending on 31st March 2008 —
a
of the matters that it has considered during the period in question, and
b
of the conclusions (if any) that it has reached concerning those matters.
8
The Implementation Executive and any sub-committee of that Executive shall be dissolved on the fourth day after the 2009 election day.
9
Any joint committee established as mentioned in paragraph (6) shall be dissolved on 1st April 2009.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
9
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the Shropshire council’s functions on or after 1st April 2009.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 7 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by the Shropshire council to the Secretary of State in support of its proposal for single tier local government in Shropshire and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of the Shropshire council, or
b
the proper officer of any of the district councils,
require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.
4
In paragraph (3), “the proper officer”, means the officer appointed by the Shropshire council or the district council concerned (as the case may be) for the purpose of receiving such notices.
Implementation Team
10
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting the Executive in the discharge of the main transitional function and the article 7 functions (“the Implementation Team”).
2
The members of the Implementation Team shall include officers from both the Shropshire council and each of the district councils.
3
The leader of the Implementation Team shall be an officer of the Shropshire council.
4
It shall be the duty of the Shropshire council and each of the district councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require.
PART 4 DUTIES OF THE SHROPSHIRE COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION
General transitional duties of the Shropshire council and the district councils
11
1
It shall be the duty of the Shropshire council and the district councils —
a
to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), the Shropshire council and each of the district councils shall provide such information relating to its functions as any other of those councils may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the council making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council from which the information is sought) —
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5 ELECTORAL MATTERS
Cancellation of district council elections in 2008, etc
12
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held in 2008 for the return of councillors to any of the district councils; and
b
the term of office of councillors elected to any of the district councils in 2004, 2006 or 2007 shall end on 1st April 2009 .
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2008 and before 1st April 2009.
Cancellation of parish council elections, etc
13
1
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2008 for the return of councillors to the council of the following parishes —
Alberbury with Cardeston,
Ford,
Minsterley,
Pontesbury, and
Westbury;
b
elections of parish councillors for those parishes shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and
c
the term of office of the councillors elected for those parishes in 2004 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009 .
2
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2010 for the return of councillors to the council of the following parishes —
Acton Burnell/Pitchford/Frodesley/Ruckley and Langley ,
All Stretton/Smethcott/Woolstaston ,
Buildwas,
Cardington,
Church Preen/Hughley/Kenley ,
Church Pulverbatch,
Condover,
Cound,
Cressage/Harley/Sheinton ,
Leebotwood/Longnor ,
Leighton & Eaton Constantine, and
Wroxeter & Uppington;
b
elections of parish councillors for those parishes shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and
c
the term of office of the councillors elected for those parishes in 2006 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009 .
3
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2011 for the return of councillors to the council of any parish in Shropshire;
b
elections of parish councillors for those parishes in which, but for sub-paragraph (a), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter; and
c
the term of office of the councillors elected for those parishes in 2007 or at any subsequent by-election before the ordinary day of election of councillors in 2013, shall end on the fourth day after the ordinary day of election of councillors in 2013 .
PART 6 AMENDMENT OF ORDER
Amendment of Order
14
The Borough of Shrewsbury and Atcham (Electoral Changes) Order 2000 is amended, in article 4, by the omission of paragraphs (2), (4) and (5).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
25th February 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) Order 2008 and comes into force on 1st September 2008.
2
This Order applies to school teachers in England and Wales.
3
In this Order, “ the Document ” means the document entitled “School Teachers’ Pay and Conditions Document 2008 and Guidance on School Teachers’ Pay and Conditions” published by The Stationery Office Limited .
The Document
2
The provisions set out in section 2 of the Document have effect on and after 1st September 2008 for the purposes of determining —
a
the remuneration of school teachers, and
b
other conditions of employment of school teachers which relate to their professional duties and working time.
Revocation
3
The Education (School Teachers’ Pay and Conditions) Order 2007 is revoked.
Jim Knight
Minister of State
Department for Children, Schools and Families
7th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Farriers’ Qualifications (European Recognition) Regulations 2008 and come into force on 31st March 2008.
Amendments to the Farriers (Registration) Act 1975
2
Amend the Farriers (Registration) Act 1975 as follows.
Section 3 (register of farriers)
3
After section 3(2), insert —
2A
Subsection (2) does not apply in relation to registration under section 7(6), but the registrar shall cause to be entered in Part V of the register the name and prescribed particulars of every person entitled to be registered under section 7(6).
.
Section 4 (rules with respect to register)
4
After section 4(4), insert —
5
No fee may be prescribed under subsection (1)(a) in respect of registration under section 7(6), and no fee may be prescribed under subsection (1)(b) in respect of retention in the register of the name of a person registered under section 7(6).
.
Sections 7 (qualifications for registration) to 9 (determination of questions as to qualifications)
5
For sections 7 to 9 substitute —
Qualifications for registration
7
1
Subject to section 15, a person is entitled to be registered in Part I of the register if he applies for registration and satisfies the Council —
a
that on the 1 st January 1976 his name was registered in the Register of Farriers kept by the Company;
b
that he has satisfied such conditions as to apprenticeship or training or both as the Council may prescribe and has passed a prescribed examination;
c
that he has completed a course of training as a farrier in Her Majesty’s Army and has passed a prescribed examination;
d
that he is or has been registered in Part II or in Part IV of the register and has passed a prescribed examination;
e
that he holds a qualification —
i
granted otherwise than in a relevant European State; and
ii
for the time being accepted for the purposes of this subsection by the Council,
and that during any period of two years subsequent to the date when he obtained his qualifications he has been regularly and gainfully engaged in the shoeing of horses;
f
that he is entitled to be recognised as a farrier pursuant to Chapter 1 or Chapter 2 of Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 and has satisfied any procedural requirements of those Regulations that apply for the purposes of such recognition; or
g
that he is or has been registered in Part II or Part IV of the Register and possesses experience in shoeing horses obtained in the United Kingdom as set out in paragraph 1 of Schedule 4 to those Regulations.
2
Subject to section 15, a person is entitled to be registered in Part II of the register if he applies for registration before such date as may be prescribed and satisfies the Council that during any period of two years before the date of his application or such shorter period as the Council may approve he was —
a
otherwise than as an apprentice or while undergoing a course of training, regularly engaged in the shoeing of horses in a business which consists exclusively of such shoeing or is the business of a blacksmith or general smith of which the shoeing of horses forms a part; or
b
practising as a farrier in Her Majesty’s Army.
3
Subject to section 15, a person is entitled to be registered in Part III of the register if he applies for registration before such date as may be prescribed and satisfies the Council by means of a certificate by a practising veterinary surgeon, which shall be in the prescribed form, or by such other evidence as the Council may in his case consider appropriate, that during any period of two years before the date of his application for registration he has regularly and competently —
a
carried out the shoeing of horses belonging to himself; or
b
otherwise than by way of trade or for reward, carried out the shoeing of horses belonging to other persons.
4
Subject to section 15, a person is entitled to be registered in Part IV of the register if —
a
being a person who is not otherwise entitled to be registered under this Act he applies for registration before such date as may be prescribed and satisfies the Council that during any period of two years before the date of his application for registration or such shorter period as the Council may approve he has been regularly and gainfully engaged in the shoeing of horses otherwise than as an apprentice or while undergoing a course of training; or
b
being a person who has not passed a prescribed examination he applies for registration before the date prescribed pursuant to paragraph (a) and satisfies the Council that he has complied with —
i
the conditions as to apprenticeship or training prescribed by the Council in accordance with paragraph (b) of subsection (1), and
ii
such additional conditions, if any, as to further apprenticeship or training as the Council may require in his case.
5
In any case in which it appears to the Council that a person has for sufficient reason failed to make an application under subsection (2), (3) or (4) before such dates as the Council may have respectively prescribed for the purposes of those subsections, the Council may direct that he is entitled to apply within such period as may be specified in that direction.
6
Subject to section 15, a person is entitled to be registered in Part V of the register if the person has the benefit of regulation 8 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 in connection with the provision by the person of services as a farrier on a temporary and occasional basis (the person having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by the person of services as a farrier).
7
Where the Council receives a document from a person under regulation 11 or 12 of those Regulations and it appears to the Council —
a
that the document was sent or produced to the Council for the purposes of establishing that the person is entitled to the benefit of regulation 8 of those Regulations in connection with the provision by the person of services as a farrier on a temporary and occasional basis, but
b
that the person is not entitled under subsection (6) to be registered in Part V of the register,
the Council shall, as soon as may be reasonably practicable after the Council comes to be of that view, notify the person that the Council is of that view.
8
The Council must discharge its functions in relation to a person registered under subsection (1)(f) or (6) in accordance with Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as it applies to the profession of farrier.
9
In this section “relevant European State” means EEA State or Switzerland.
The Company’s Register
8
For the purposes of section 7(1)(a), the Company shall make available its Register of Farriers and permit the Council to make copies of it and to take extracts from it.
Appeals in relation to registration
9
1
Where an application for registration under section 7(1), (2), (3) or (4) is refused, or the registrar fails to enter the name of the applicant in the appropriate Part of the register, the applicant may appeal to the Disciplinary Committee (which is established under section 14).
2
If a person claims to be entitled to be registered in Part V of the register, but the person is not registered in that Part, the person may appeal to the Disciplinary Committee.
3
Where the Council has made a decision under regulation 9(2) of the European Communities (Recognition of Professional Qualifications) Regulations 2007 in relation to a person, that person may appeal to the Disciplinary Committee.
4
Where the Council has made a decision under Part 3 of those Regulations in relation to a person, that person may appeal to the Disciplinary Committee.
5
Without prejudice to the generality of regulation 36(2) of those Regulations, regulation 36(1) of those Regulations shall not apply in relation to a decision of the Council under those Regulations.
6
Where a person appeals under subsection (1), (2), (3) or (4) the Disciplinary Committee may direct that the person’s name be entered in the appropriate Part of the register.
7
Where the Disciplinary Committee decides an appeal under subsection (1), (2), (3) or (4) the person who made that appeal may, within twenty-eight days after the person is notified of the Disciplinary Committee’s decision, appeal against that decision to the High Court or, in Scotland, to the Court of Session.
8
Subsections (4) and (5) of section 15 apply to an appeal under subsection (7) of this section as they apply to an appeal under subsection (1) of that section.
.
Section 10 (certificate of registration etc)
6
In section 10(1)(b), for “or Part IV”, substitute “, Part IV or Part V”.
Section 15 (removal of names from register)
7
In section 15(1), after the word “animals” in paragraph (c), insert —
; or
d
a person registered under section 7(6) ceases, by reason of the operation of regulation 17(1) of the European Communities (Recognition of Professional Qualifications) Regulations 2007, to be entitled under Part 2 of those Regulations to provide services as a farrier on a temporary and occasional basis
.
Section 15A (restriction on use of style)
8
In section 15A(1), in the proviso, after the word “determined” at the end of paragraph (ii) insert —
; or
iii
who is entitled to be, but is not, registered under section 7(6)
.
Section 16 (offences by unregistered persons)
9
In section 16(2), at the end of paragraph (b), after the word “determined” insert —
; or
c
who is entitled to be, but is not, registered under section 7(6)
.
Consequential repeals
10
Paragraphs 1, 2 and 3 of the Schedule to the Farriers (Registration) (Amendment) Act 1977 are repealed.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
5th March 2008


text:
Citation and commencement
1
1
This Order may be cited as the European Parliament (Number of MEPs and Distribution between Electoral Regions) (United Kingdom and Gibraltar) Order 2008.
2
This Order shall come into force on the day after the day on which it is made.
3
Articles 2 and 3 do not affect the number or distribution of United Kingdom MEPs during the rest of the current term of the European Parliament.
Amendment of European Parliamentary Elections Act 2002
2
1
Section 1 of the European Parliamentary Elections Act 2002 is amended as follows.
2
In subsection (1) (number of MEPs and electoral regions) for “78” substitute “72”.
3
For subsection (3) substitute —
3
The number of MEPs to be elected for each electoral region is as follows —
East Midlands 5 Eastern 7 London 8 North East 3 North West 8 South East 10 South West 6 West Midlands 6 Yorkshire and the Humber 6 Scotland 6 Wales 4 Northern Ireland 3.
Revocation
3
The European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004 (which makes amendments that are superseded by this Order) is revoked.
Jack Straw
Secretary of State for Justice
17th July 2008


text:
Citation, commencement and application
1
This Order, which applies to England only, may be cited as the Rating Lists (Valuation Date) (England) Order 2008 and shall come into force on 31st March 2008.
Valuation date
2
1st April 2008 is specified as the day by reference to which the rateable values of non-domestic hereditaments are to be determined for the purposes of local and central non-domestic rating lists which are to be compiled for England on 1st April 2010.
Revocation
3
The Rating Lists (Valuation Date) (England) Order 2003 is revoked.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
30th January 2008


text:
Citation
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 6) Order 2008.
Commencement
2
Part 1, Chapter 2 (Alcohol Disorder Zones) (sections 15 to 20) of the Violent Crime Reduction Act 2006 shall come into force on 5th June 2008.
Vernon Coaker
Parliamentary Under-Secretary of State
Home Office
29th May 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2008.
2
These Regulations shall come into force on 6th April 2008 immediately after the coming into force of the Social Security (Contributions) (Re-rating) Order 2008 .
Amendment to the Social Security (Contributions) Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£2.85” substitute “£2.95”.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008
The Secretary of State concurs.
Signed by authority of the Secretary of State for Works and Pensions.
Mike O’Brien
Minister of State
Department for Work and Pensions
10th March 2008
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 7th March 2008
John O’Neill
Senior Officer of the Department for Social Development.


text:
PART 1 General
Citation, commencement and application
1
These Regulations —
a
may be cited as the Sustainable Communities Regulations 2008,
b
come into force on 3rd November 2008, and
c
apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Sustainable Communities Act 2007; and
“proposal” means a proposal made by a local authority in response to an invitation by the Secretary of State under section 2(1) of the Act.
Meaning of “under-represented groups”
3
In section 5 of the Act “under-represented groups” means those groups of local persons who in the opinion of a local authority are under-represented in civic and political activity in the authority’s area.
PART 2 Proposals by local authorities: procedure
Local authorities: steps before making proposals
4
1
Before making any proposal under section 2 of the Act a local authority must comply with this regulation.
2
The authority must have regard to the guidance that the Secretary of State has issued under section 5(5) of the Act.
3
The authority must also —
a
establish or recognise a panel of representatives of local persons constituted in accordance with regulation 5,
b
consult the panel about any proposal, and
c
try to reach agreement with the panel about proposals.
Constitution of panels
5
1
A panel established or recognised by a local authority under regulation 4(3)(a) must be constituted in accordance with this regulation.
2
Sufficient representatives must be involved in the panel so that, in the opinion of the authority, local persons are adequately represented by the panel.
3
Paragraph (4) applies where–
a
a local authority takes reasonable steps to involve a group of local persons in a panel, but
b
no representatives of that group become so involved.
4
There is no breach of this regulation merely because of the lack of involvement of the group.
Report by the selector
6
1
The selector must prepare a written report on the proposals, which must include —
a
a list of any proposals that it has rejected; and
b
a statement of its reasons —
i
for selecting the proposals on the short-list, and
ii
for rejecting any other proposals made by local authorities.
2
The selector must send the report to the Secretary of State at the time it sends the short-list.
Signed by authority of the Secretary of State
Sadiq Khan
Parliamentary Under Secretary of State
Department for Communities and Local Government
9th October 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Childcare (Exemptions from Registration) Order 2008 and comes into force on 1st September 2008.
2
In this Order —
“ the Act ” means the Childcare Act 2006;
“client” means a person at whose request (or persons at whose joint request) childcare is provided for a child;
“parent” includes any person who has parental responsibility for a child or has care of a child.
Exemptions
2
1
Section 33(1) (requirement to register: early years childminders) of the Act does not apply in relation to early years childminding in the circumstances specified in articles 3, 6 or 8.
2
Section 34(1) (requirement to register: other early years providers) of the Act does not apply in relation to early years provision in the circumstances specified in any of articles 4 to 9.
3
Section 52(1) (requirement to register: later years childminders for children under eight) of the Act does not apply in relation to later years childminding in the circumstances specified in articles 3, 6 or 8.
4
Section 53(1) (requirement to register: other later years providers for children under eight) of the Act does not apply in relation to later years provision in the circumstances specified in any of articles 4 to 8.
Exempt childminding
3
1
The circumstances referred to in articles 2(1) and 2(3) are where a person makes the provision —
a
for —
i
a child or children for particular parents, wholly or mainly in the home of the parents, or
ii
a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;
b
for a particular child for two hours or less per day; or
c
only between 6pm and 2am.
Exempt provision in hotels, guest houses or similar
4
The circumstances referred to in articles 2(2) and 2(4) are where the provision is made in a hotel, guest house or other similar establishment for children staying in that establishment, and —
a
it is made only between 6pm and 2am, and
b
the person is making the provision for no more than two different clients at the same time.
Exempt temporary provision
5
1
The circumstances referred to in articles 2(2) and 2(4) are where the provision is made —
a
for a particular child —
i
for two hours or less per day, or
ii
for four hours or less per day and the provision is offered —
aa
on a day to day basis with no longer term commitment to clients, and
bb
for the convenience of clients who intend to remain on the premises where the provision is made or within their immediate locality; or
b
on particular premises for 14 days or fewer in a year commencing with the relevant day, and the person making the provision has notified the Chief Inspector in writing at least 14 days before the relevant day.
2
The “relevant day” means the first day on which the provision is made on the premises in question.
Exempt activity-based provision
6
1
Subject to paragraph (2), the circumstances referred to in articles 2(1) to 2(4) are where —
a
the provision is made for a child who has attained the age of three,
b
the person making the provision is providing to the child an activity of a type listed in paragraph (3), and
c
the provision is incidental to the activity.
2
The circumstances in this article are not met if —
a
the child has not attained the age of five and attends the activity for longer than four hours per day, or
b
the person making the provision offers more than two of the types of activity listed in paragraph (3).
3
The types of activity are —
i
school study support or homework support;
ii
sport;
iii
performing arts;
iv
arts and crafts;
v
religious, cultural or language study.
Exemption for open access childcare
7
1
The circumstances referred to in articles 2(2) and 2(4) are where the provision is open access childcare.
2
“Open access childcare” means childcare, other than childminding, under the arrangements for which a child, other than a young child , may leave the premises unaccompanied.
Exempt provision during home education
8
1
The circumstances referred to in articles 2(1) to 2(4) are where a person —
a
is educating a child under a home education arrangement, and
b
the provision made is incidental to the arrangement.
2
A “home education arrangement” means an arrangement under which a child, who is of compulsory school age and is receiving full-time education otherwise than at school, is partly or wholly educated by a person other than a parent of the child.
Exempt provision in relation to children turning three at school
9
1
The circumstances referred to in article 2(2) are where the provision is made —
a
at a relevant school as part of the school’s activities,
b
by the proprietor of the school or a person employed to work at the school, and
c
for a child who —
i
is a registered pupil at the school, and
ii
has not attained the age of three but will do so before the expiry of the child’s first term at the school.
2
“Relevant school” means a maintained school, a school approved by the Secretary of State under section 342 of the Education Act 1996 (approval of non-maintained special schools), or an independent school.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
31st March 2008