type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2007, and shall come into force on 26th April 2007.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
Amendment of regulation 3 (interpretation)
2
In regulation 3(1) of the principal Regulations, for the definition of “the Framework Directive”, there is substituted —
“the Framework Directive” means Council Directive 70/156/ EEC —
as last amended by Commission Directive 2006/28/EC , dated 6th March 2006, and
construed as required by Article 10 of Directive 2005/55/EC of the European Parliament and of the Council, dated 28th September 2005 .
Amendment of Schedule 1 (separate Directives)
3
1
The table in Schedule 1 to the principal Regulations is amended as follows.
2
In item 3, in the third and fourth columns, there is added after the last entry —
2006/20/EC* L48, 18.2.2006, p.16
3
In item 36, in the third and fourth columns, there is added after the last entry —
2006/119/EC* L330, 28.11.2006, p.12
4
After item 58, the following item is inserted —
59 2005/64/EC† L310, 25.11.2005, p.10 Recyclability
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
14th March 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007.
2
These Regulations shall come into force on 14th December 2007 and shall have effect from 14th December 2007, except as follows —
a
regulation 2(5), (7), (8) and (18)(a) shall have effect from 6th March 1995;
b
regulation 2(12)(b)(i), (c) and (d) shall have effect from 1st April 2007;
c
regulation 2(13)(a) and (b) shall have effect from 10th May 2000; and
d
regulation 2(13)(c) shall have effect from 5th December 2005.
Amendments to the National Health Service Pension Scheme Regulations 1995
2
1
The National Health Service Pension Scheme Regulations 1995 shall be amended as follows.
2
In regulation A2 —
a
omit the definitions of “the 1977 Act”, “ GDS contractor”, “health care professional”, “ NHS dental employee”, “NHS employee”, “personal medical services” and “section 28C arrangements”;
b
insert each of the following definitions in the appropriate place in alphabetical order —
“the 2006 Act ” means the National Health Service Act 2006 ;
;
“the 2006 (Wales) Act ” means the National Health Service (Wales) Act 2006 ;
;
“Scheme Actuary” means the actuary appointed from time to time by the Secretary of State to provide advice in connection with the scheme;
;
“section 50 arrangements” has the meaning given by the 2006 (Wales) Act;
;
“section 64 arrangements” has the meaning given by the 2006 (Wales) Act;
;
“section 92 arrangements” has the meaning given by the 2006 Act;
;
“section 107 arrangements” has the meaning given by the 2006 Act;
;
c
in the definitions of “ APMS contract” and “APMS contractor”, for “section 16CC(2)(b) of the 1977 Act” substitute “, in the case of England, section 80(2)(b) of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) Act”;
d
in the definition of “dental performers list”, for “section 28X of the 1977 Act” substitute “, in the case of England, section 106 of the 2006 Act or, in the case of Wales, section 63 of the 2006 (Wales) Act”;
e
in the definition of “dentist performer”, for “section 16CA(2) of the 1977 Act” substitute “in the case of England, section 99(2) of the 2006 Act or, in the case of Wales, section 56(2) of the 2006 (Wales) Act”;
f
in the definition of “employing authority” —
i
in sub-paragraph (za), for “section 8 of the National Health Service Act 1977” substitute “section 13 of the 2006 Act”;
ii
omit sub-paragraph (a);
iii
in sub-paragraph (aa), for “section 11 of that Act” substitute “, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act”;
iv
in sub-paragraph (bb), for “section 16A of that Act” substitute “section 18 of the 2006 Act”;
v
in sub-paragraph (bbb), for “section 16BA of that Act” substitute “section 11 of the 2006 (Wales) Act”;
vi
in sub-paragraph (c), for “section 5 of the National Health Service and Community Care Act 1990” substitute “, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act”;
vii
in sub-paragraph (cc), for “section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30(1) of the 2006 Act”; and
viii
after paragraph (j) insert —
k
as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 , and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
l
as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
;
g
in the definition of “GDS contract”, for “section 28K of the 1977 Act” substitute “, in the case of England, section 100 of the 2006 Act or, in the case of Wales, section 57 of the 2006 (Wales) Act”;
h
in the definition of “ GMS contract” —
i
in sub-paragraph (a), for “section 28Q of the 1977 Act” substitute “section 84 of the 2006 Act”;
ii
in sub-paragraph (b), for “section 28Q of the 1977 Act” substitute “section 42 of the 2006 (Wales) Act”; and
iii
for “section 176(3) of the 1977 Act” (twice) substitute “section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003”;
i
in the definition of “ GP performer” —
i
for “section 16CC(2)(a) of the 1977 Act” substitute “in the case of England, section 83(2)(a) of the 2006 Act or in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act”; and
ii
for “section 28C arrangements” substitute “an agreement pursuant to section 50 arrangements or section 92 arrangements”;
j
in the definition of “the health service”, for “128(1) of the 1977” substitute “275 of the 2006”;
k
for the definition of “ PDS agreement” substitute —
“PDS agreement” means an agreement for the provision of primary dental services pursuant to section 64 arrangements or section 107 arrangements;
;
l
in the definition of “PMS agreement”, for “section 28C arrangements under which primary medical services are provided” substitute “an agreement for the provision of primary medical services pursuant to section 50 arrangements or section 92 arrangements”; and
m
in the definition of “type 2 dental practitioner”, for sub-paragraph (b)(i) substitute —
i
in the case of England, section 99(2) of the 2006 Act or, in the case of Wales, section 56(2) of the 2006 (Wales) Act; or
.
3
In regulation D2 —
a
in paragraphs (2), (3)(f), (5)(b)(i), (5)(b)(ii), (6)(a), (6)(b), (7)(a) and (7)(b), for “the Government Actuary” substitute “the Scheme Actuary”;
b
after paragraph (9) insert —
10
In any particular case the Secretary of State may direct that, for the purposes of this regulation, “employing authority” includes one or more of —
a
the transferee under a transfer of staff order pursuant to —
i
in the case of England, section 28(4)(b) of, or paragraph 29(3) of Schedule 4 to, the 2006 Act;
ii
in the case of Wales, section 22(4)(a) of, or paragraph 8 of Schedule 3 to, the 2006 (Wales) Act;
b
without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions; and
c
the last employing authority of a person to whom these Regulations apply.
.
4
In regulations E5(2) and (4) and E6(7)(b) for “the Government Actuary” substitute “the Scheme Actuary”.
5
After regulation F1(1) insert —
1A
A lump sum on death shall be payable in accordance with regulation F5 where, on the day they died, the member is —
a
under the age of 70;
b
in NHS employment;
c
no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and
d
except where regulations E2(11) or R4(6) apply, not in receipt of a pension under any of regulations E1 to E5.
.
6
In regulation F2(3), for “(3A) below” substitute “(4)”.
7
After regulation G2(5) insert —
6
The widow’s pension payable on a member’s death if, on the day they died, the member is —
a
under the age of 70;
b
in NHS employment;
c
no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and
d
except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5,
will be as described in paragraph (2) and (3), but with the modifications set out in paragraph (7).
7
The modifications referred to in paragraph (6) are —
a
in paragraph (2), for “member’s pensionable pay when he died” substitute “member’s final year’s pensionable pay”; and
b
in paragraph (3), for “on the day he died” substitute “on his last day of pensionable employment”.
.
8
After regulation H3(8) insert —
9
The child allowance payable on a member’s death if, on the day they died, the member is —
a
under the age of 70;
b
in NHS employment;
c
no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and
d
except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5,
will be as described in paragraphs (2) to (8), but with the modifications set out in paragraph (10).
10
The modifications referred to in paragraph (9) are —
a
in paragraph (2), for “on the day he died” substitute “on his last day of pensionable employment”; and
b
in each of paragraphs (6) and (7), for “member’s pensionable pay when he died” substitute “member’s final year’s pensionable pay”.
.
9
In regulation J1 —
a
in paragraph (3), for “the Government Actuary” substitute “the Scheme Actuary”;
b
for paragraph (4)(a) substitute —
a
on making a claim for payment of his benefits under regulation T1 (claims for benefits), or at any time after making such a claim but before the date on which a pension payable to him under the scheme is put into payment; or
.
10
In paragraphs (1) and (2) of regulation M6, for “the Government Actuary” substitute “the Scheme Actuary”.
11
In regulations N3A(2)(iii) and N4(2) and (3), for “the Government Actuary” substitute “the Scheme Actuary”.
12
In regulation P1 —
a
in paragraph (1), for “or paternity leave” substitute “, paternity leave or parental leave”;
b
in paragraph (4)(b) —
i
before “in the case” insert “subject to paragraph (4A),”; and
ii
for “or paternity leave” substitute “, paternity leave or parental leave”;
c
after paragraph (4) insert —
4A
For the purposes of paragraph (4)(b), the rate of contributions payable shall be the rate that would have been payable on the basis of reduced earnings in accordance with paragraph (3)(a) had the member’s reduced earnings excluded any earnings for a day during which the member returned to work for the purposes of keeping in touch with the workplace.
; and
d
after paragraph (7) insert —
8
For the purposes of this regulation, “maternity leave” includes any day during which the member returns to work for the purposes of keeping in touch with the workplace.
.
13
In regulation Q1 —
a
in paragraph (7), for “The” substitute “Subject to paragraph (10), the”;
b
after paragraph (9) insert —
10
Except in the case of a pension debit member who is a moderate earner, a member may not replace any rights debited as a consequence of a pension sharing order with any rights which he would not have been able to acquire (in addition to the debited rights) had the pension sharing order not been made.
11
For the purposes of paragraph (10) —
“moderate earner” means a member whose pensionable pay during the tax year preceding the tax year in which his marriage is dissolved or annulled is not more than 25 per cent. of the permitted maximum for the tax year in which the dissolution or annulment occurred;
“pension debit member” means a person whose shareable rights under the scheme are subject to a debit under section 29(1)(a) of the 1999 Act;
“permitted maximum” means the same as in section 590C of the Income and Corporation Taxes Act 1988 (earnings cap); and
“tax year” means any year beginning on 6th April and ending on 5th April the following year.
.
c
in the definition of “moderate earner” in newly inserted paragraph (11), after “his marriage” insert “or civil partnership”.
14
In regulation Q7(6), for “the Government Actuary” substitute “the Scheme Actuary”.
15
In regulation R1(3), after “Board” insert “with the modifications described in paragraphs 3, 4, 5, 10 and 23 of Schedule 2”.
16
In regulation R5(4), after “whole-time employment” insert “and any amount by which the member’s actual final year’s pensionable pay in respect of part time employment exceeds the amount determined will be ignored”.
17
In regulation S1(5)(b), for “section 18 of the National Health Service (Amendment) Act 1949 or section 104 of the National Health Service Act 1977” substitute “section 235 of the 2006 Act”.
18
In regulation S4 —
a
after paragraph (1) insert —
1A
This regulation shall also apply to a member in respect of whom a pension is payable under regulation E2 (early retirement on grounds of ill-health) who —
a
returns to pensionable employment after that pension becomes payable; and
b
on the day they die, is —
i
under the age of 70;
ii
in NHS employment;
iii
no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and
iv
except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5 in respect of his later service.
;
b
for paragraph (3) substitute —
3
If this regulation applies, a lump sum payable on the member’s death shall be payable in addition to any lump sum payable under regulation F2.
3A
The additional lump sum referred to in paragraph (3) shall be equal to 5 times the amount of the pension that would have been payable to the member had he left NHS employment and been entitled to a pension based on his later service under regulation E1 (normal retirement pension) on the date of the member’s death.
;
c
in paragraphs (6) and (8), for “paragraph (3)” substitute “paragraph (3A)”.
19
For regulation T1 substitute —
A person claiming to be entitled to benefits under these Regulations and his employing authority, including any previous employing authority of his, shall provide such —
a
evidence of entitlement; and
b
authority or permission as may be necessary for the release by third parties of information in their possession relating to the person so claiming,
as the Secretary of State may from time to time require for the purposes of these Regulations.
.
20
In regulation T2A, omit paragraphs (3), (4), (5) and (6).
21
In regulation T7(2), for “the Government Actuary” substitute “the Scheme Actuary”.
22
In regulation T8(4) —
a
for the definition of “base rate” substitute —
“base rate” means the Official Bank Rate for the time being quoted by the Bank of England;
;
b
in the definition of “due date” —
i
after “means” insert “the later of”;
ii
after sub-paragraph (e) insert —
and the first day on which the Secretary of State is in possession of all information necessary to be able to calculate the value of the qualifying payment;
;
c
in the definition of “qualifying payment”, after “these Regulations” insert —
, and for these purposes —
any amount paid by way of an interim payment calculated by reference to an expected pension benefit award, pending final calculation of the full value of that benefit; or
any amount paid that increases the amount of an earlier payment due to a backdated or later increase in pensionable pay,
shall be treated as a separate qualifying payment
; and
d
omit the definition of “reference banks”.
23
Omit regulation T8(5).
24
In regulation U1A, for “by a registered medical practitioner appointed to act on his behalf” substitute —
by —
i
a registered medical practitioner (whether practising on his own or as part of a group); or
ii
a body corporate or unincorporate employing such practitioners (whether under a contract of service or for services),
approved by the Secretary of State to act on his behalf
.
25
In regulation U2, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by her in conformity with section 50 of the Pensions Act 1995 ”.
26
In regulation U3, in paragraphs (3) and (4), for “the Government Actuary” substitute “the Scheme Actuary”.
27
In Schedule 2 —
a
in paragraph 1 —
i
in the definition of “collaborative services”, for “section 26(4) of the 1977 Act” substitute “, in the case of England, section 80(6) of the 2006 Act or in the case of Wales, section 38(6) of the 2006 (Wales) Act”; and
ii
in the definition of “commissioned services”, for “section 23 of the 1977 Act” substitute “, in the case of England, section 12 of the 2006 Act or in the case of Wales, section 10 of the 2006 (Wales) Act”;
b
in paragraph 3 —
i
in sub-paragraph (2)(a)(v), for “section 16CC(2)(a) of the 1977 Act” substitute “in the case of England, section 83(2)(a) of the 2006 Act or in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act”;
ii
in sub-paragraph (2)(b), for “section 81(b) of the National Health Service Act 1977” substitute “in the case of England, section 185(1) of the 2006 Act or in the case of Wales, section 133(1) of the 2006 (Wales) Act”;
iii
in sub-paragraph (2A)(a), for “sections 28E or 28N of the 1977 Act” substitute “, in the case of England, sections 94, 103 or 109 of the 2006 Act or in the case of Wales, sections 52, 60 or 66 of the 2006 (Wales) Act”; and
iv
in sub-paragraphs (2B)(a)(ii) and (2C)(b), after “paternity leave” insert “, parental leave”; and
c
in paragraph 5A(1)(b), after “adoption leave payments” insert “, parental leave payments”.
Amendments to the National Health Service (Injury Benefits) Regulations 1995
3
1
The National Health Service (Injury Benefits) Regulations 1995 shall be amended as follows.
2
In regulation 2(1) —
a
omit the definition of “the 1977 Act”;
b
insert the following definitions in the appropriate places in alphabetical order —
“the 2006 Act” means the National Health Service Act 2006
; and
“2006 (Wales) Act” means the National Health Service (Wales) Act 2006;
;
c
in the definition of “employing authority” —
i
in sub-paragraph (za), for “section 8 of the National Health Service Act 1977” substitute “section 13 of the 2006 Act”;
ii
omit sub-paragraph (a);
iii
in sub-paragraph (aa), for “section 11 of that Act” substitute “, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act”;
iv
in sub-paragraph (bb), for “section 16A of that Act” substitute “section 18 of the 2006 Act”;
v
in sub-paragraph (bbb), for “section 16BA of that Act” substitute “section 11 of the 2006 (Wales) Act”;
vi
in sub-paragraph (c), for “section 5 of the National Health Service and Community Care Act 1990” substitute “, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act”;
vii
in sub-paragraph (cc), for “section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30(1) of the 2006 Act”; and
viii
after paragraph (f) insert —
g
as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967, and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
h
as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
;
d
in the definition of “GDS contract”, for “section 28K of the 1977 Act (general dental services contracts: introductory)” substitute “, in the case of England, section 100 of the 2006 Act or, in the case of Wales, section 57 of the 2006 (Wales) Act”;
e
in the definition of “GMS contract”, for “section 28Q of the 1977 Act” substitute “, in the case of England, section 84 of the 2006 Act or, in the case of Wales, section 42 of the 2006 (Wales) Act”;
f
in the definition of “the health service”, for “section 128(1) of the 1977” substitute “section 275 of the 2006”;
g
in the definition of “PDS agreement”, for “section 28C of the 1977 Act” substitute “, in the case of England, section 107 of the 2006 Act or, in the case of Wales, section 64 of the 2006 (Wales) Act”;
h
in the definition of “PMS agreement”, for “section 28C of the 1977 Act” substitute “, in the case of England, section 92 of the 2006 Act or, in the case of Wales, section 50 of the 2006 (Wales) Act”; and
i
in the definition of “practitioner” —
i
in sub-paragraph (b)(i), for “section 16CC(2)(a) of the 1977 Act (primary medical services)” substitute “, in the case of England, section 83(2)(a) of the 2006 Act or in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act”; and
ii
in sub-paragraph (b)(ii), for “section 16CA(2) of the 1977 Act (primary dental services)” substitute “, in the case of England, section 99(2) of the 2006 Act or, in the case of Wales, section 56(2) of the 2006 (Wales) Act”.
3
In regulation 3(1)(d), for “National Health Service Act 1977” substitute “2006 Act or the 2006 (Wales) Act”.
4
In regulation 4(4) omit “permanent”.
5
In regulation 4A(2) —
a
for “claim is made for” substitute “person is entitled to”; and
b
omit “pursuant to that claim”.
6
After regulation 4A(7) insert —
8
In any particular case the Secretary of State may direct that, for the purposes of this regulation, “employing authority” includes one or more of —
a
the transferee under a transfer of staff order pursuant to —
i
in the case of England, section 28(4)(b) of, or paragraph 29(3) of Schedule 4 to, the 2006 Act;
ii
in the case of Wales, section 22(4)(a) of, or paragraph 8 of Schedule 3 to, the 2006 (Wales) Act;
b
without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions; and
c
the last employing authority of a person to whom regulation 3(1) applies.
.
7
For regulation 18A substitute —
18A
A person claiming to be entitled to benefits under these Regulations and his employing authority, including any previous employing authority of his, shall provide such —
a
evidence of entitlement; and
b
authority or permission as may be necessary for the release by third parties of information in their possession relating to that person or that entitlement,
as the Secretary of State may from time to time require for the purposes of these Regulations.
.
8
In regulation 21A —
a
in paragraph (1) omit “Part II of”;
b
after paragraph (1)(b) insert —
c
a decision whether a person who has sustained an injury or contracted a disease to which regulation 3(2) applies has died as a result of, or his death was substantially hastened by, the injury or disease, for the purpose of the payment of an allowance referred to in regulations 7, 8 or 9,
;
c
for paragraph (2)(a) substitute —
a
a decision specified in paragraph (1)(a) or (c), the function may be discharged by —
i
a registered medical practitioner (whether practising on his own or as part of a group); or
ii
a body corporate or unincorporate employing such practitioners (whether under a contract of service or for services),
approved by the Secretary of State to act on his behalf.
; and
d
for paragraph (2)(b) substitute —
b
a decision specified in paragraph (1)(b), the function may be discharged by the employing authority of that person or by —
i
a registered medical practitioner (whether practising on his own or as part of a group); or
ii
a body corporate or unincorporate employing such practitioners (whether under a contract of service or for services),
approved by the Secretary of State.
.
9
In regulation 22, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by her in conformity with section 50 of the Pensions Act 1995”.
Amendments to the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000
4
1
The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 shall be amended as follows.
2
In regulation 2(1) —
a
in the definition of “authorised fund”, after “Regulations” insert “, or any successor, transmittee or assignee of an authorised provider selected by the Secretary of State”; and
b
for the definition of “authorised provider” substitute —
“authorised provider” in relation to any benefit means a person listed in section 154(1)(a) to (g) of the Finance Act 2004 in relation to the provision of that benefit;
.
3
In regulation 21, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by him in conformity with section 50 of the Pensions Act 1995”.
Amendments to the National Health Service (Compensation for Premature Retirement) Regulations 2002
5
1
The National Health Service (Compensation for Premature Retirement) Regulations 2002 shall be amended as follows.
2
In regulation 2(1), in the definition of “employing authority” —
a
in sub-paragraph (a) —
i
omit “or Health Authority”;
ii
for “section 8 of the National Health Service Act 1977” substitute “section 13 of the 2006 Act”; and
iii
for “section 11 of that Act” substitute “, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act”;
b
in sub-paragraph (b), for “section 5 of the National Health Service and Community Care Act 1990” substitute “, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act”;
c
in sub-paragraph (bb), for “section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30(1) of the 2006 Act”;
d
omit sub-paragraph (c);
e
in sub-paragraph (d), for “section 16A of the National Health Service Act 1977” substitute “section 18 of the 2006 Act”;
f
in sub-paragraph (dd), for “section 16BA of the National Health Service Act 1977” substitute “section 11 of the 2006 (Wales) Act”; and
g
after paragraph (g) insert —
h
as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967, and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
i
as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
.
3
In regulation 15, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by him in conformity with section 50 of the Pensions Act 1995”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
13th November 2007
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 2007


text:
Citation, commencement, scope and interpretation
1
1
These Regulations may be cited as the Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007 and shall come into force on 30th April 2007.
2
These Regulations have effect only in relation to appeals decided in England and Wales.
3
In these Regulations, references to a regulation by number alone refer to the regulation so numbered in the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005 .
Amendments to the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005
2
In regulation 5 —
a
in paragraph (2), omit “subject to paragraph (5)”; and
b
omit paragraph (5).
3
In regulation 6 —
a
after paragraph (1), insert —
1A
The Tribunal may only make an order under section 103D(3) where —
a
it has reconsidered its decision on an appeal; or
b
an order for reconsideration has been made but the reconsideration does not take place or is not completed because —
i
the appeal lapses, or is treated as abandoned or finally determined, by operation of an enactment; or
ii
the appeal is withdrawn by the appellant, or is treated as withdrawn because the respondent withdraws the decision or decisions to which the appeal relates.
;
b
in paragraph (3), for “does not allow an appeal”, substitute “dismisses an appeal on reconsideration”;
c
after paragraph (3), insert —
3A
If an order for reconsideration is made but the reconsideration does not take place or is not completed, the Tribunal must not make an order under section 103D(3) unless it is satisfied that, at the time when the appellant made the section 103A application, there was a significant prospect that the appeal would be allowed upon reconsideration.
; and
d
in paragraph (4), after “paragraph (3)” insert “or (3A)”.
4
In regulation 7 —
a
in paragraph (1), for “not to make an order under section 103D(3)” substitute —
—
a
not to make an order under section 103D(3); or
b
to make a section 103D order under regulation 8(2).
;
b
in paragraph (2), omit “not to make an order”; and
c
in paragraph (5)(b), for “decision not to make an order” substitute “original decision”.
5
In regulation 8, after paragraph (2) insert —
2A
Where paragraph (2) applies the High Court or Tribunal must give reasons for its decision.
2B
Where an appellant has been represented by more than one supplier or more than one counsel in the course of immigration review proceedings, a section 103D order shall, unless it provides otherwise, have effect as an order for the payment of the costs incurred by each supplier and of the fees of each counsel while he was instructed to represent the appellant in the proceedings.
.
Vera Baird
Parliamentary Under Secretary of State
Department for Constitutional Affairs
24th April 2007


text:
PART 1 Introduction
Citation, commencement and effect
1
1
These Regulations may be cited as the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 and shall come into force on 1st May 2007.
2
If —
a
a notifiable contribution arrangement or a notifiable contribution proposal is, or is substantially the same as (whether it relates to the same parties or different parties), a notifiable arrangement or a notifiable proposal under Part 7 in relation to which the promoter has provided information in accordance with sections 308(1) or (3), 309 or 310 where the first day of the period or time (as the case may be) within which the prescribed information must be provided falls before 1st May 2007, these Regulations do not apply;
b
the relevant date in relation to a notifiable contribution proposal falls before 1st May 2007, regulation 7 (duties of promoter) does not apply;
c
the date on which the promoter first becomes aware of any transaction forming part of notifiable contribution arrangements falls before 1st May 2007, regulation 7 does not apply;
d
the date on which any transaction forming part of arrangements entered into falls before 1st May 2007, regulations 8 (duty of person dealing with promoter outside United Kingdom) and 9 (duty of parties to notifiable contribution arrangements not involving promoter do not apply).
Interpretation
2
In these Regulations —
“advantage” has the meaning given to it in section 132A(7) of the Social Security Administration Act 1992;
“arrangements” has the meaning given to it in that subsection;
“ the Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Information Regulations ” means the Tax Avoidance (Information) Regulations 2004 as modified by these Regulations.
“Part 7” means Part 7 of the Finance Act 2004 and a reference to a numbered section (without more) is a reference to a section of Part 7;
“prescribed” means prescribed by the Information Regulations, unless the context otherwise requires;
“promoter”, in relation to notifiable contribution arrangements or a notifiable contribution proposal, has the meaning given by regulation 6; and
“reference number”, in relation to any notifiable contribution arrangements, means the reference number allocated under regulation 10;
Structure of the Regulations
3
Regulations 4 to 13 make provision corresponding to Part 7 (other than section 314 (legal professional privilege ) in so far as that Part applies to notifiable contribution arrangements and proposals.
Regulations 14 to 15 make provision corresponding to section 98C of the Taxes Management Act 1970 (penalties for failure to comply with Part 7 of the Finance Act 2004) and other provisions of the Taxes Management Act 1970 so far as they relate to a penalty under that section.
Regulations 16 to 18 modify regulations made under Part 7 in so far as they apply to notifiable contribution arrangements and proposals.
PART 2 Provision corresponding to Part 7 of the Finance Act 2004
4
1
This Part applies to —
a
notifiable contribution arrangements, and
b
notifiable contribution proposals
which fall within any description prescribed by the Tax Avoidance Schemes (Prescribed Description of Arrangements) Regulations 2006 as modified by these Regulations.
2
The Table below shows which of the following regulations corresponds to which provision of Part 7.
Section within Part 7 Corresponding provision of these Regulations
Section 306 (meaning of “notifiable arrangements” and “notifiable proposals”). Regulation 5 Section 307 (meaning of “promoter”) Regulation 6 Section 308 (duties of promoter) Regulation 7 Section 309 (duty of person dealing with promoter outside the United Kingdom Regulation 8 Section 310 (duty of parties to notifiable arrangements not involving promoter) Regulation 9 Section 311 (arrangements to be given reference number)) Regulation 10 Section 312 (duty of promoter to notify client of number) Regulation 11 Section 313 (duty of parties to notifiable arrangements to notify Board of number etc ) Regulation 12 Section 316 (information to be provided in form and manner specified by the Commissioners) Regulation 13
Meaning of “notifiable contribution arrangements and “notifiable contribution proposal”
5
In this Part —
“notifiable contribution arrangements” means any arrangements which —
enable, or might be expected to enable, any person to obtain an advantage in relation to a contribution, and
are such that the main benefit, or one of the main benefits, that might be expected to arise from the arrangements is the obtaining of that advantage;
“notifiable contribution proposal” means a proposal for arrangements which, if entered into, would be notifiable contribution arrangements (whether the proposal relates to a particular person or to any person who may seek to take advantage of it) .
Meaning of promoter
6
1
For the purposes of this Part a person is a promoter —
a
in relation to a notifiable contribution proposal if, in the course of a relevant business —
i
he is to any extent responsible for the design of the proposed arrangements, or
ii
he makes the notifiable contribution proposal available for implementation by other persons; and
b
in relation to notifiable contribution arrangements, if he is by virtue of sub-paragraph (a)(ii) a promoter in relation to a notifiable contribution proposal which is implemented by those arrangements or if, in the course of a relevant business, he is to any extent responsible for —
i
the design of the arrangements, or
ii
the organisation or management of the arrangements.
2
In this regulation “relevant business” means any trade, profession or business which —
a
involves the provision to other persons of services relating to national insurance contributions, or
b
is carried on by a bank, as defined by section 840A of the Taxes Act 1988 , or by a securities house, as defined by section 209A(4) of that Act.
3
For the purposes of this regulation anything done by a company is to be taken to be done in the course of a relevant business if it is done for the purposes of a relevant business falling within paragraph (2)(b) carried on by another company which is a member of the same group.
4
Section 170 of the Taxation of Chargeable Gains Act 1992 has effect for determining for the purposes of paragraph (3) whether two companies are members of the same group, but as if in that section —
a
for each of the references to a 75% subsidiary there were substituted a reference to a 51% subsidiary, and
b
subsection (3)(b) and subsections (6) to (8) were omitted.
5
A person is not to be treated as a promoter for the purposes of this Part by reason of anything done in circumstances prescribed by the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 as modified by these Regulations
Duties of promoter
7
1
The promoter must, within the prescribed period after the relevant date, provide the Commissioners with the information required by the Information Regulations relating to any notifiable contribution proposal.
2
In paragraph (1) “the relevant date” means the earlier of the following —
a
the date on which the promoter makes a notifiable contribution proposal available for implementation by any other person, or
b
the date on which the promoter first becomes aware of any transaction forming part of notifiable contribution arrangements implementing the notifiable contribution proposal.
3
The promoter must, within the period prescribed by the Information Regulations after the date on which he first becomes aware of any transaction forming part of any notifiable contribution arrangements, provide the Commissioners with prescribed information relating to those arrangements, unless those arrangements implement a proposal in respect of which notice has been given under paragraph (1).
4
Where two or more persons are promoters in relation to the same notifiable contribution proposal or notifiable contribution arrangements, compliance by any of them with paragraph (1) or (3) discharges the duty under either of those paragraphs of the other or others.
5
Where a person is a promoter in relation to two or more notifiable contribution proposals or sets of notifiable contribution arrangements which are substantially the same (whether they relate to the same parties or different parties), he need not provide information under paragraph (1) or (3) if he has already provided information under either of those paragraphs in relation to any of the other proposals or arrangements.
Duty of person dealing with promoter outside United Kingdom
8
1
Any person (“the client”) who enters into any transaction forming part of any notifiable contribution arrangements in relation to which —
a
a promoter is resident outside the United Kingdom, and
b
no promoter is resident in the United Kingdom,
must provide the Commissioners with the prescribed information relating to the notifiable contribution arrangements within the prescribed period.
2
Compliance with regulation 7(1) by any promoter in relation to the notifiable contribution arrangements discharges the duty of the client under paragraph (1).
Duty of parties to notifiable contribution arrangements not involving promoter
9
Any person who enters into any transaction forming part of notifiable contribution arrangements as respects which neither he nor any other person in the United Kingdom is liable to comply with regulation 7 or regulation 8 must at the prescribed time provide the Commissioners with prescribed information relating to the notifiable contribution arrangements.
Arrangements to be given reference number
10
1
Where a person complies with regulation 7(1) or (3), regulation 8(1) or 9 in relation to any notifiable contribution proposal or arrangements, the Commissioners may within 30 days —
a
allocate a reference number in relation to those proposals or arrangements, and
b
if they do so, notify the person of that number,
except that where the arrangements or proposals concern both national insurance contributions and tax, the Commissioners shall allocate a single reference number in respect of both matters.
2
The allocation of a reference number to any notifiable contribution arrangements (or proposed notifiable contribution arrangements) is not to be regarded as constituting any indication by the Commissioners that the arrangements could as a matter of law result in the obtaining by any person of an advantage in relation to a contribution.
Duty of promoter to notify client of number
11
1
Any promoter who is providing services to any person (“the client”) in connection with notifiable contribution arrangements must, within 30 days after the relevant date, provide the client with prescribed information relating to any reference number that has been notified to the promoter by the Commissioners in accordance with regulation 10 or, where the arrangements are, or are substantially the same as, notifiable arrangements, section 311 —
a
in relation to those arrangements, or
b
in relation to arrangements which are substantially the same as those arrangements (whether made between the same parties or different parties).
2
In paragraph (1) “the relevant date” means —
a
the date on which the promoter first becomes aware of any transaction forming part of the notifiable contribution arrangements, or
b
if later, the date on which a reference number is first notified to the promoter under regulation 10.
Duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc.
12
1
Any person who is a party to any notifiable contribution arrangements must provide the Commissioners with the prescribed information relating to —
a
any reference number notified to him under regulation 10 by the Commissioners or under regulation 11 by the promoter, and
b
the time when he obtains or expects to obtain by virtue of the arrangements an advantage in relation to any contribution.
2
A person is not liable to a penalty under —
a
section 98A of the Taxes Management Act 1970 (special penalties in the case of certain returns); or
b
paragraph 7B(2)(h) of Schedule 1 to the Social Security Contributions and Benefits Act 1992,
by reason of any failure to include in any return or account any reference number or other information required by virtue of regulation 8 of the Information Regulations (but see regulation 14 for the penalty for failure to comply with this regulation).
Information to be provided in form and manner specified by Commissioners
13
The information required by regulations 7(1) or (3), 8(1), 9, 11(1) or 12(1) must be provided in a form and manner specified by the Commissioners.
PART 3 Provisions corresponding to section 98C of the Taxes Management Act 1970 and modifications of related provisions
Notification under Part 2
14
1
A person who fails to comply with any of the provisions of regulations 4 to 12 mentioned in paragraph (2) below shall be liable —
a
to a penalty not exceeding £5,000, and
b
if the failure continues after a penalty is imposed under sub-paragraph (a) above, to a further penalty or penalties not exceeding £600 for each day on which the failure continues after the day on which the penalty under sub-paragraph (a) was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
This is subject to paragraph (6).
2
Those provisions are —
a
regulation 7(1) and (3) (duty of promoter in relation to notifiable contribution proposals and notifiable contribution arrangements),
b
regulation 8(1) (duty of person dealing with promoter outside United Kingdom),
c
regulation 9 (duty of parties to notifiable contribution arrangements not involving promoter), or
d
regulation 11(1) (duty of promoter to notify client of reference number).
3
A person who fails to comply with regulation 12(1) (duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc.) shall be liable to a penalty of the relevant sum.
This is subject to paragraph (6).
4
In paragraph (3) “the relevant sum” means —
a
in relation to a person not falling within sub-paragraph (b) or (c) below, £100 in respect of each scheme to which the failure relates,
b
in relation to a person who has previously failed to comply with regulation 12 on one (and only one) occasion during the period of 36 months ending with the date on which the current failure to comply with that provision began, £500 in respect of each scheme to which the current failure relates (whether or not the same as the scheme to which the previous failure relates), or
c
in relation to a person who has previously failed to comply with regulation 12 on two or more occasions during the period of 36 months ending with the date on which the current failure to comply with that provision began, £1,000 in respect of each scheme to which the current failure relates (whether or not the same as the schemes to which any of the previous failures relates).
5
In paragraph (4) above “scheme” means any notifiable contribution arrangements.
6
Where the notifiable contribution arrangement or notifiable contribution proposal is, or is substantially the same as, a notifiable arrangement or a notifiable proposal under Part 7 in relation to which a penalty has been imposed under section 98C of the Taxes Management Act 1970 in respect of a failure to comply with the provisions of Part 7, this regulation shall not apply to impose a penalty in respect of the failure to comply with the corresponding provision of these Regulations.
Modification of Part 10 of the Taxes Management Act 1970
15
1
Part 10 of the Taxes Management Act 1970 so far as it relates to a penalty under section 98C of that Act shall apply in relation to a penalty under regulation 14 with the following modifications.
2
In section 100 (determination of penalties by officer of Board) for subsection (2)(f) (penalties to which subsection (1) of the section does not apply) substitute —
f
regulation 14(1)(a) of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007.
.
3
In section 100C (penalty proceedings before Commissioners) for subsection (1A) substitute —
1A
In its application to a penalty under regulation 14(1)(a) of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007, subsection (1) above has effect with the omission of the words “General or”.
.
PART 4 Modification of Regulations under Part 7
Modification of the Tax Avoidance Schemes (Prescribed Description of Arrangements) Regulations 2006
16
1
The Tax Avoidance Schemes (Prescribed Description of Arrangements) Regulations 2006 , apply to notifiable contribution arrangements and notifiable contribution proposals with the following modifications and any reference in those Regulations to sections 306 to 313 shall be construed as a reference to the corresponding provision of these Regulations (see regulation 4(2)).
2
In regulation 1 (citation, commencement and effect) omit paragraphs (2) and (3).
3
In regulation 5 (prescribed description of arrangements) —
a
in paragraph (1) for “income tax, corporation tax and capital gains tax” substitute “national insurance contributions”, and
b
in paragraph (2) omit sub-paragraphs (f) and (g).
4
In Part 3 —
a
for “tax advantage” wherever it occurs substitute “advantage”; and
b
for “a tax advantage” wherever it occurs substitute “an advantage”.
5
In regulation 10 (Description 5: standardarised tax product), in the heading and paragraphs (1) and (3) for “tax product” substitute “national insurance contributions product”.
6
Omit regulations 12 to 17.
The Tax Avoidance Schemes (Information) Regulations 2004
17
1
The Tax Avoidance Schemes (Information) Regulations 2004 (“the Information Regulations”) apply to notifiable contribution arrangements and notifiable contribution proposals with the following modifications and any reference in those Regulations to sections 306 to 313 shall be construed as a reference to the corresponding provision of these Regulations (see regulation 4(2)).
2
Omit regulation 1(2).
3
In regulation 2 (interpretation) —
a
omit the definitions of “the SDLT Arrangements Regulations” and “corporation tax”;
b
insert the following definition immediately before the definition of “employment” —
“contributions” means national insurance contributions;
;
c
for the definitions of “notifiable arrangements” and “notifiable proposal” substitute —
“notifiable contribution arrangements” has the meaning given by section 132A(3) of the Social Security Administration Act 1992;
“notifiable contribution proposal” has the meaning given by section 132A(3) of the Social Security Administration Act 1992;
; and
d
omit the definition of “the prescribed taxes”.
4
In regulation 3 (prescribed information in respect of notifiable proposals and arrangements) wherever the words appear —
a
for “any of the prescribed taxes” substitute “the contributions”;
b
for “notifiable arrangements” substitute “notifiable contribution arrangements”;
c
for “notifiable proposal” substitute “notifiable contribution proposal”;
d
for “tax advantage” substitute “advantage”; and
e
omit “or the SDLT Arrangement Regulations”
5
In regulation 4 (time for providing information under section 308, 309 or 310) —
a
in paragraphs (4), (5) and (5A) for “notifiable arrangements” substitute “notifiable contribution arrangements”;
b
in paragraph (5) for “paragraphs (5ZA) and (5A) substitute “paragraph (5A)”; and
c
omit paragraphs (5ZA), (7) and (8).
6
Omit regulation 5 (statutory clearances).
7
For regulation 8 (prescribed information under section 313: timing and manner of delivery) substitute —
Prescribed information under regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007
8
1
For the purposes of regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 (duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc.) —
a
the prescribed information is —
i
the reference number allocated by the Commissioners under regulation 12 to the notifiable contribution arrangements or notifiable contribution proposals;
ii
the earnings period in which the person making the notification expects an advantage to be obtained;
iii
the employer’s name, address and Unique Taxpayer Reference ( UTR ); and
b
the prescribed time at which a person who is a party to notifiable contribution arrangements must provide the Commissioners with information under that regulation is any time before the date specified in paragraph 22(1) of Schedule 4 to the Social Security (Contributions) Regulations 2001 .
2
In the case of a person who is the employer of an employee, by reason of whose employment an advantage is expected to arise to any person in respect of national insurance contributions as a result of notifiable contribution arrangements, the prescribed information shall be notified to the Commissioners on a return in such form as they may specify by the time prescribed in paragraph (1)(b).
.
8
In regulation 10 (electronic delivery of information) —
a
in paragraph (2) —
i
for sub-paragraph (a) substitute —
a
it is authorised by virtue of Part 7A of the Social Security (Contributions) Regulations 2001 ; and
;
ii
in paragraph (b) for “section” substitute “Part”; and
b
in paragraph (3)(a) for “regulations under section 132 of the Finance Act 1999” substitute “Part 7A of the Social Security (Contributions Regulations) 1991”.
The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004
18
1
The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 apply to notifiable contribution arrangements and notifiable contribution proposals as they apply to income tax with the following modifications and any reference in those Regulations to sections 306 to 313 shall be construed as a reference to the corresponding provision of these Regulations (see regulation 4(2)).
2
In regulation 1 (citation, commencement and interpretation) for paragraph (2) substitute —
2
In these Regulations —
“notifiable contribution arrangements” and “notifiable contribution proposal” have the meanings given by section 132A(3) of the Social Security Administration Act 1992.
.
3
In regulation 4 (persons not to be treated as promoters under section 307(1)(a)(i) or (b)(i)) —
a
for “tax advice” wherever it occurs substitute “contribution advice”; and
b
for “tax advantage” wherever it occurs substitute “advantage”.
4
In regulation 6 (legal professional privilege) for “section 314” substitute “section 132A(6) of the Social Security Administration Act 1992”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Private Hire Vehicles (London)(Transitional Provisions)(Amendment) Regulations 2007 and shall come into force on 31st December 2007.
Amendments to regulation 6
2
1
Regulation 6 of the Private Hire Vehicles (London)(Transitional Provisions) Regulations 2004 is amended as follows.
2
In paragraph (1)(d), for “paragraph (4)” substitute “paragraph (3)”.
3
Paragraph (1)(e) shall be deleted.
4
In paragraph (4), for “1988” substitute “1998”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
6th December 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harrogate and District NHS Foundation Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st December 2007.
2
In this Order —
“the old Trust” means the Harrogate and District NHS Foundation Trust ;
“the new Trust” means the North Yorkshire and York Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 9 th October 2007 and on behalf of the new Trust on 17 th October 2007.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
31st October 2007
Department of Health


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Working Time (Amendment) Regulations 2007.
1
These Regulations shall come into force on 1st October 2007.
2
These Regulations extend to Great Britain only.
Amendment to the Working Time Regulations 1998
2
1
The Working Time Regulations 1998 shall be amended in accordance with paragraphs (2) to (11).
2
After regulation 13 (entitlement to annual leave), insert —
Entitlement to additional annual leave
13A
1
Subject to regulation 26A and paragraphs (3) and (5), a worker is entitled in each leave year to a period of additional leave determined in accordance with paragraph (2).
2
The period of additional leave to which a worker is entitled under paragraph (1) is —
a
in any leave year beginning on or after 1st October 2007 but before 1st April 2008, 0.8 weeks;
b
in any leave year beginning before 1st October 2007, a proportion of 0.8 weeks equivalent to the proportion of the year beginning on 1st October 2007 which would have elapsed at the end of that leave year;
c
in any leave year beginning on 1st April 2008, 0.8 weeks;
d
in any leave year beginning after 1st April 2008 but before 1st April 2009, 0.8 weeks and a proportion of another 0.8 weeks equivalent to the proportion of the year beginning on 1st April 2009 which would have elapsed at the end of that leave year;
e
in any leave year beginning on or after 1st April 2009, 1.6 weeks.
3
The aggregate entitlement provided for in paragraph (2) and regulation 13(1) is subject to a maximum of 28 days.
4
A worker’s leave year begins for the purposes of this regulation on the same date as the worker’s leave year begins for the purposes of regulation 13.
5
Where the date on which a worker’s employment begins is later than the date on which his first leave year begins, the additional leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.
6
Leave to which a worker is entitled under this regulation may be taken in instalments, but it may not be replaced by a payment in lieu except where —
a
the worker’s employment is terminated; or
b
the leave is an entitlement that arises under paragraph (2)(a), (b) or (c); or
c
the leave is an entitlement to 0.8 weeks that arises under paragraph (2)(d) in respect of that part of the leave year which would have elapsed before 1st April 2009.
7
A relevant agreement may provide for any leave to which a worker is entitled under this regulation to be carried forward into the leave year immediately following the leave year in respect of which it is due.
8
This regulation does not apply to workers to whom the Agricultural Wages (Scotland) Act 1949 applies (as that Act had effect on 1 July 1999).
3
After Regulation 26 insert —
Entitlement to additional annual leave under a relevant agreement
26A
1
Regulation 13A does not apply in relation to a worker whose employer, as at 1st October 2007 and by virtue of a relevant agreement, provides each worker employed by him with an annual leave entitlement of 1.6 weeks or 8 days (whichever is the lesser) in addition to each worker’s entitlement under regulation 13, provided that such additional annual leave —
a
may not be replaced by a payment in lieu except in relation to a worker whose employment is terminated;
b
may not be carried forward into a leave year other than that which immediately follows the leave year in respect of which the leave is due; and
c
is leave for which the worker is entitled to be paid at not less than the rate of a week’s pay in respect of each week of leave, calculated in accordance with sections 221 to 224 of the 1996 Act, modified such that —
i
references to the employee are references to the worker;
ii
references to the employee’s contract of employment are references to the worker’s contract;
iii
the calculation date is the first day of the period of leave in question; and
iv
the references to sections 227 and 228 do not apply.
2
Notwithstanding paragraph (1), any additional annual leave in excess of 1.6 weeks or 8 days (whichever is the lesser) to which a worker is entitled, shall not be subject to the conditions of that paragraph.
3
This regulation shall cease to apply to a worker from the day when an employer ceases to provide additional annual leave in accordance with the conditions in paragraph (1).
4
This regulation does not apply to workers to whom the Agricultural Wages (Scotland) Act 1949 applies (as that Act had effect on 1 July 1999).
4
Regulation 13(6) shall be omitted.
5
In regulations 14(1)(b) and (3), 15(1), 16(1) and paragraph 1(a) of Schedule 2, after “regulation 13” insert “and regulation 13A”.
6
In regulations 15(2)(a) and 15A(1), after “regulation 13” insert “or regulation 13A”.
7
In regulation 15A(1), after “under paragraph (2)” insert “or (2A)”.
8
In regulation 15A(2), after “For the purposes of paragraph (1),” insert “in the case of workers to whom the Agricultural Wages (Scotland) Act 1949 applies,”.
9
After regulation 15A(2), insert —
2A
Except where paragraph (2) applies, for the purposes of paragraph (1), leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) and regulation 13A(2), subject to the limit contained in regulation 13A(3), on the first day of each month of that year.
10
In regulation 18(2) after “13” insert “, 13A”.
11
In regulation 30(1)(a) for paragraph (i) substitute —
i
regulation 10(1) or (2), 11(1), (2) or (3), 12(1) or (4), 13 or 13A;
.
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
19th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Civil Jurisdiction and Judgments Regulations 2007, and shall come into force on 1st July 2007.
Amendments to the Civil Jurisdiction and Judgments Act 1982
2
1
The Civil Jurisdiction and Judgments Act 1982 is amended in accordance with this regulation.
2
In section 1(1), for the definition of “the Regulation” substitute —
“the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ No. L 299 16.11.2005 at p62).
.
3
In section 1(3) —
a
for the definition of “Brussels Contracting State” substitute —
“Brussels Contracting State” means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory–
to which the Brussels Conventions apply; and
which is excluded from the scope of the Regulation pursuant to Article 299 of the Treaty establishing the European Community;
; and
b
for the definition of “Regulation State” substitute —
“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.
.
Amendments to the Civil Jurisdiction and Judgments Order 2001
3
1
The Civil Jurisdiction and Judgments Order 2001 is amended in accordance with this regulation.
2
In article 2(1) —
a
after the definition of “the Act” insert —
“the 2005 Agreement ” means the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;
;
b
for the definition of “the Regulation” substitute —
“the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the 2005 Agreement;
; and
c
for the definition of “Regulation State” substitute —
“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.
.
3
After article 3, insert —
The 2005 Agreement
3A
The Regulation shall have effect as regards Denmark in accordance with the 2005 Agreement.
.
Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001
4
1
The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001 is amended in accordance with this regulation.
2
In article 1(2) —
a
for the definition of “the Regulation” substitute —
“the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;
; and
b
for the definition of “Regulation State” substitute —
“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State;
.
Consequential Amendments
5
The Schedule to these Regulations (which makes consequential provisions) shall have effect.
Signed by authority of the Lord Chancellor
Catherine Ashton
Parliamentary Under Secretary of State
Ministry of Justice
8th June 2007


text:
PART 1 PRELIMINARY
Title, application and commencement
1
These Regulations may be cited as the Fishery Products (Official Controls Charges) (England) Regulations 2007, apply in relation to England only and come into force on 1 st January 2008.
Interpretation
2
1
In these Regulations —
“Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in the Schedule;
“establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;
“first placing on the market” has the meaning that it bears in Regulation 882/2004;
“first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in Regulation 882/2004;
“fishery products” has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“imported” means introduced into England other than from another part of the British Islands;
“official controls” shall be construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;
“processing” has the meaning that it bears in Chapter V of Section B of Annex IV to Regulation 882/2004;
“processing establishment” means an establishment at which processing occurs;
“relevant fishery products” means fishery products which —
were caught in their natural environment;
are imported by a fishing vessel flying the flag of a third country;
have not been on land prior to being imported; and
are intended for placing on the market for human consumption,
other than relevant landed fishery products and third country imports;
“relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;
“relevant landed fishery products” means fishery products which —
are landed in England;
have not been on land previously; and
are intended for placing on the market for human consumption,
other than relevant fishery products and third country imports;
“specified pelagic fish” means —
herring of the species Clupea harengus ;
sardines of the species Sardinia pilchardus ;
mackerel of the species Scomber scombrus or Scomber japonicus ;
horse mackerel ( Trachurus spp.);
anchovies ( Engraulis spp.);
picarels of the species Maena smaris ; and
sprat of the species Sprattus sprattus ;
“third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;
“third country import” means an import in respect of which a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 ; and
“vendor” means —
where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected on behalf of the owner or master of a vessel by another person, that other person; and
where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Actual costs
3
For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of the costs of the items listed in Annex VI to Regulation 882/2004 directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.
Sterling equivalents of Euro
4
1
Any reference in these Regulations to a specified number of Euros shall be deemed to be a reference to the Sterling equivalent of that number calculated in accordance with paragraph (2).
2
The Sterling equivalent of a specified number of Euros shall be calculated by multiplying that number by the Euro/Sterling conversion rate specified in paragraph (3).
3
The Euro/Sterling conversion rate shall be —
a
for 2008, 1 Euro = £0.67575; and
b
in each subsequent year, the rate published in the C Series of the Official Journal of the European Union on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter.
Account period
5
1
For the purposes of these Regulations, the account period shall be one month or such longer period not exceeding twelve months as is determined by the relevant food authority.
2
The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of —
a
making returns; and
b
collecting charges.
Recovery of charges
6
Where a duty to pay a charge under these Regulations is imposed on either of two persons the authority to which the charge is payable may recover it —
a
jointly from both of them; or
b
separately from either of them.
Calculation, payment and repayment of charges
7
1
Where the relevant food authority becomes aware that a charge is due to it under these Regulations it shall —
a
calculate the amount of the charge having regard to the information in its possession; and
b
give notice of the amount so calculated to any person from whom it may be collected.
2
If the relevant food authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and —
a
where the correct amount is more than the amount calculated under paragraph (1), it shall recover the higher amount in accordance with that paragraph;
b
where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that paragraph; and
c
where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it shall repay the difference.
Appeals
8
1
A person may appeal against any decision of the relevant food authority imposing a charge under these Regulations.
2
The appeal shall be heard by a magistrates’ court and section 37(3), (5) and (6) of the Food Safety Act 1990 shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of that Act.
3
On any such appeal, the court may —
a
confirm the decision of the relevant food authority;
b
determine any charge which is payable under these Regulations; or
c
determine that no charge is payable.
4
Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court’s decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the relevant food authority.
5
If the court determines that a charge payable under these Regulations is less than the charge that has been so paid, the relevant food authority shall reimburse the overpayment to the successful appellant.
Sums remitted from one food authority to another
9
In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of the official controls required under Annex III to Regulation 854/2004 (“authority A”) is not the relevant food authority to which a charge is required to be paid under these Regulations (“authority B”), authority B shall remit to authority A a sum equal to any amount received by authority B which is referable to official controls exercised by authority A.
PART 2 OFFICIAL CONTROLS CHARGES OTHER THAN CHARGES FOR THIRD COUNTRY IMPORTS
Payment of landings charge in respect of the first placing on the market of relevant fishery products or relevant landed fishery products and the first sale in a fish market of relevant fishery products or relevant landed fishery products
10
1
Each of the following is a chargeable transaction for the purposes of this regulation and regulation 11 —
a
the first placing on the market of relevant fishery products;
b
the first placing on the market of relevant landed fishery products;
c
the first sale in a fish market of relevant fishery products; and
d
the first sale in a fish market of relevant landed fishery products.
2
Subject to paragraph (8), where there is a chargeable transaction for the purposes of this regulation and regulation 11, the vendor shall pay the charge determined in accordance with paragraphs (3) to (7) (“the landings charge”) to the relevant food authority.
3
Subject to paragraph (7), where the chargeable transaction is the first placing on the market of relevant fishery products or relevant landed fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products or relevant landed fishery products first placed on the market in a calendar month.
4
Where the chargeable transaction is the first sale in a fish market of relevant fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products first sold in a fish market in a calendar month.
5
Subject to paragraphs (6) and (7), where the chargeable transaction is the first sale in a fish market of relevant landed fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 0.5 Euro per tonne for the first 50 tonnes and 0.25 Euro per tonne for each additional tonne of relevant landed fishery products first sold in a fish market in a calendar month.
6
Subject to paragraph (7), where —
a
the chargeable transaction is the first sale in a fish market of relevant landed fishery products; and
b
the relevant landed fishery products concerned are not, or are insufficiently, graded for freshness and/or size in accordance with Regulation 2406/96,
the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant landed fishery products first sold in a fish market in a calendar month.
7
In respect of any consignment of relevant landed fishery products consisting of specified pelagic fish, the landings charge shall not exceed 50 Euros.
8
Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the landings charge, the vendor shall pay an amount equal to those costs to the relevant food authority, instead of the landings charge.
Returns and records relating to relevant fishery products or relevant landed fishery products
11
1
Within 7 days of the end of each account period, the vendor shall make a written return to the relevant food authority to which the landings charge is payable in respect of the aggregate of chargeable transactions that he has entered into during that period.
2
The return referred to in paragraph (1) shall include the following information —
a
the account period to which the return relates;
b
the place and date of landing of the fishery products to which it relates;
c
the place and date of the first placing on the market or as the case may be the first sale in a fish market of those products;
d
for landings of relevant fishery products and for landings of relevant landed fishery products other than specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it,
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount, and
iii
the aggregate weight of consignments less the weight calculated under paragraph (ii);
e
for landings of relevant landed fishery products which are specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it, and
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount;
f
notification of any amount paid by virtue of paragraph (4) of regulation 10 which has been paid in respect of —
i
consignments of fish consisting only of fish other than specified pelagic fish, or
ii
consignments of specified pelagic fish only,
identifying the circumstances that led to the payment of that amount;
g
in relation to consignments of relevant fishery products –
i
the total weight of all relevant fishery products landed, and
ii
the total amount of the charge payable under regulation 10 in respect of those products; and
h
the amount of the landings charge.
3
During the period of 1 year beginning on the day on which a vendor makes a return under this regulation —
a
the relevant food authority to which it was made may require the vendor to supply separate information of the kind required by paragraph (2) in respect of each transaction included in it; and
b
the vendor shall retain records which are sufficient to enable him to supply any such information.
4
Any vendor who without reasonable excuse —
a
fails to comply with paragraph (1) or (3)(b); or
b
fails to comply with a requirement made under paragraph (3)(a),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Charge in respect of processing establishments
12
1
Subject to paragraph (3), the proprietor or operator of a processing establishment shall pay the charge determined in accordance with paragraph (2) (“the processing establishment charge”) to the relevant food authority.
2
The processing establishment charge shall be a contribution towards the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 0.5 Euro per tonne of fishery products entering the establishment for the purpose of processing.
3
Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the processing establishment charge, the proprietor or operator shall pay an amount equal to those costs to the relevant food authority, instead of the processing establishment charge.
Returns and records relating to processing establishments
13
1
Within 7 days of the end of each account period, the proprietor or operator who is responsible for paying the processing establishment charge shall make a written return to the relevant food authority to which that charge is payable in respect of the fishery products which have entered the establishment concerned during that period.
2
The return referred to in paragraph (1) shall include the following information -
a
the account period to which the return relates;
b
the weight of the fishery products entering the establishment; and
c
the amount of the charge payable under regulation 12.
3
During the period of one year beginning on the day on which a proprietor or operator makes a return under this regulation —
a
the relevant food authority to which the return was made may require the proprietor or operator to supply separate information of the kind required by paragraph (2) in respect of each batch of fishery products included in it; and
b
the proprietor or operator shall retain records which are sufficient to enable him to supply any such information.
4
Any proprietor or operator who without reasonable excuse —
a
fails to comply with paragraph (1) or (3)(b); or
b
fails to comply with a requirement made under paragraph (3)(a),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
14
The Fishery Products (Official Controls Charges) (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
29th November 2007


text:
Citation and Commencement
1
These Regulations may be cited as the Pensions Increase (Pension Schemes for Kenneth Macdonald) Regulations 2007 and shall come into force on 9 th April 2007.
Interpretation
2
In these Regulations “the 1971 Act ” means the Pensions (Increase) Act 1971.
Pensions to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the pension schemes for Kenneth Macdonald (being schemes made under section 1 of the Superannuation Act 1972 ), as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2007 and shall come into force on 27th March 2007.
Specification of Tameside Metropolitan Borough Council as an approved local authority
2
Tameside Metropolitan Borough Council is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Swindon Borough Council there shall be inserted the following row —
Tameside Metropolitan Borough Council S.I. 2007/547
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
26th February 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2007.
2
They shall come into force on 2nd March 2007 but regulations 3, 4 and 5(1) shall have effect from 1st April 2006, regulation 5(2) shall have effect from 1st April 2001 and the Schedule shall have effect from 1st April 2005.
3
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
4
These Regulations extend to England and Wales .
Amendment of the Local Government Pension Scheme Regulations 1997
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 and the Schedule and references in those regulations and Schedule to a regulation or a schedule are references to a regulation in, or schedule to, the principal Regulations.
Resolution bodies
3
In regulation 4(6) omit sub-paragraphs (g) and (h) and add as sub-paragraphs (q) and (r) respectively “the Public Services Ombudsman for Wales” and “the Serious Organised Crime Agency”.
Scheme employers
4
In Schedule 2, omit “the Commission for Local Administration in Wales”.
Appropriate funds
5
1
In the first column of paragraph 1 in the Table in Part 2 of Schedule 5, for “the Commission for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.
2
In the second column of paragraph 6 in that Table, for “West Yorkshire County Council” substitute “Bradford Metropolitan District Council”.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
31st January 2007