text:
Citation, commencement and interpretation
1
This Order may be cited as the Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007 and shall come into force on 13th July 2007.
2
In this Order, “ the Act ” means the Digital Switchover (Disclosure of Information) Act 2007.
Prescription of information: “social security information” and “war pensions information”
3
1
Information of a description given in paragraph (3) is prescribed , in relation to the Secretary of State, as —
a
“social security information” for the purposes of section 1(1) of the Act (which permits disclosure of social security information by the Secretary of State and the Northern Ireland department to certain bodies in connection with switchover help functions); and
b
“war pensions information” for the purposes of section 1(2) of the Act (which permits disclosure of war pensions information by the Secretary of State to certain bodies in connection with switchover help functions).
2
Information of a description given in paragraph (3) is prescribed, in relation to the Northern Ireland department, as “social security information” for the purposes of section 1(1) of the Act.
3
The information referred to in paragraphs (1) and (2) is —
a
in relation to a qualifying individual —
i
his name and any alias;
ii
his date of birth;
iii
his address;
iv
his national insurance number;
v
whether he lives in a care home or an independent hospital;
vi
the name, any alias and address of a person appointed to act on his behalf; and
vii
whether the individual is entitled to receive assistance free of charge under the Digital Switchover Help Scheme;
b
where a qualifying individual —
i
is entitled to receive assistance free of charge under the Digital Switchover Help Scheme,
ii
is a member of a couple, and
iii
his partner in that couple is also a qualifying individual,
the national insurance number of that partner; and
c
in a case where an individual who was a qualifying individual has died, that fact and the date on which he died.
4
In this article —
“care home” —
in relation to England and Wales has the meaning given to it by section 3 of the Care Standards Act 2000 ;
in relation to Scotland means any establishment providing a care home service, as that expression is defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 ; and
in relation to Northern Ireland means any residential care home as that term is defined by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;
“couple” means —
a man and woman who are married to each other and normally live at the same address;
a man and woman who are not married to each other but normally live together at the same address as husband and wife;
two people of the same sex who are civil partners of each other and normally live at the same address; or
two people of the same sex who are not civil partners of each other but normally live together at the same address as if they were civil partners;
“Digital Switchover Help Scheme” means the agreement made on 30th April 2007 between the Secretary of State and the BBC in pursuance of the BBC Charter and Agreement;
“independent hospital” —
in relation to England and Wales, has the meaning given to it by section 2 of the Care Standards Act 2000 ;
in relation to Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001 ; and
in relation to Northern Ireland, means an independent hospital as defined in article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;
“partner” means a member of a couple; and
“qualifying individual” means an individual who is entitled to a benefit listed in clause 8(1)(b)(i) of the Digital Switchover Help Scheme, or who is aged 73 years or over, or both.
Prescription of information: “visual impairment information”
4
1
Information of a description given in paragraph (2) is prescribed in relation to a local authority and a Health and Social Services Board, as “visual impairment information” for the purposes of section 1(3) of the Act (which permits disclosure of visual impairment information by a local authority or a Health and Social Services Board to certain bodies in connection with switchover help functions).
2
The information referred to in paragraph (1) is, in relation to an individual who is registered as blind or partially sighted —
a
his name and any alias;
b
his date of birth;
c
his address;
d
the name, any alias and address of a person appointed to act on his behalf;
e
his preferred method for receiving communications from the local authority or, as the case may be, the Health and Social Services Board; and
f
in a case where the individual has died, that fact and the date on which he died.
3
For the purposes of this article a person is registered as blind or partially sighted if he —
a
is registered as blind or partially sighted in a register maintained by or on behalf of a local authority in England or Wales under section 29 of the National Assistance Act 1948 (welfare services) ;
b
has been certified as blind or partially sighted in Scotland and in consequence is registered as blind or partially sighted in a register maintained by or on behalf of a local authority in Scotland; or
c
has been certified as blind in Northern Ireland and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board in Northern Ireland.
Shaun Woodward
Minister for Creative Industries and Tourism
Department for Culture, Media and Sport
20th June 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Staffordshire) (Newcastle-under-Lyme and Stafford) Order 2007 and shall come into force on 1st November 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order; and
references to “Newcastle-under-Lyme” and “Stafford” mean, respectively, the borough of Newcastle-under-Lyme and the borough of Stafford.
Application
3
This Order applies to the area comprising the whole of Newcastle-under-Lyme and Stafford except —
a
the entire length of the A38, including its on and off slip roads;
b
the entire length of the A50, including its on and off slip roads;
c
the entire length of the M6, including its on and off slip roads; and
d
the entire length of the A500, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
20th September 2007


text:
Citation and commencement
1
This Order may be cited as the Office for Standards in Education, Children’s Services and Skills and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Allocation of Rights and Liabilities) Order 2007 and comes into force on 1st April 2007.
Allocation of rights and liabilities relating to functions, staff and property of the Office
2
1
Any responsibilities relating to rights and liabilities relating to functions, staff and property of the Office are the responsibilities of the Office, and the Office has responsibility for the conduct of any legal proceedings in relation to those rights and liabilities.
2
But any responsibilities in relation to rights and liabilities (including the conduct of legal proceedings) relating to powers of the Office exercisable only by the Chief Inspector acting on behalf of the Office are responsibilities of the Chief Inspector in her capacity as a member of the Office.
Allocation of rights and liabilities relating to functions of the Chief Inspector as holder of the office of Chief Inspector
3
Any responsibilities in relation to the rights and liabilities (including the conduct of legal proceedings) relating to functions conferred on the Chief Inspector in her capacity as holder of the office of Chief Inspector are the responsibilities of the Chief Inspector in that capacity.
Jim Knight
Minister of State
Department for Education and Skills
28th February 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Corporation Tax (Implementation of the Mergers Directive) Regulations 2007.
2
These Regulations shall come into force on 29th November 2007 and shall have effect as set out in regulation 3.
Interpretation
2
In these Regulations —
“ TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 ;
“ ICTA ” means the Income and Corporation Taxes Act 1988 ;
“ CAA 2001 ” means the Capital Allowances Act 2001 ;
“ FA 1988 ” means the Finance Act 1988 ;
“ FA 1996 ” means the Finance Act 1996 ; and
“ FA 2002 ” means the Finance Act 2002 .
Amendments of primary legislation
3
1
Schedule 1, which contains amendments to TCGA 1992, ICTA, FA 1996, FA 2002, CAA 2001 relating to cross-border transfers of business, has effect in relation to transfers which take place on or after 1st January 2007.
2
Schedule 2, which contains amendments to TCGA 1992, ICTA, FA 1988, FA 1996, FA 2002 and CAA 2001 relating to cross-border mergers, has effect but subject as follows —
a
paragraphs 1 to 14 have effect —
i
in relation to mergers relating to the formation of an SE or SCE which take place on or after 18th August 2006, and
ii
in relation to all other mergers which take place on or after 1st January 2007;
b
paragraph 15 has effect in relation to transfers of a registered office which take effect on or after 18th August 2006.
3
Schedule 3, which contains amendments to TCGA 1992, FA 1996 and FA 2002 relating to mergers and treatment of transparent entities, has effect —
a
in relation to mergers relating to the formation of an SE or SCE which take place on or after 18th August 2006, and
b
in relation to all other mergers which take place on or after 1st January 2007.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8th November 2007


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007 and shall come into force on the day after the day on which it is made.
2
In this Order —
“ the Act ” means the Crime and Disorder Act 1998;
“local authority” means a relevant authority which is a local authority;
“relevant function” means any function exercisable by a local authority under sections 1 to 1E of the Act;
“housing manager” means a person who exercises management functions of the local authority pursuant to an agreement made under section 27 of the Housing Act 1985 .
3
This Order applies to local authorities in England only.
Contracting out
2
Subject to article 3, a local authority may make arrangements with one or more housing managers whereby the housing manager, or an employee of the manager, may exercise any relevant function.
Conditions
3
1
A local authority shall not make arrangements with the housing manager for the exercise of any function under section 1 or 1B of the Act unless it also makes arrangements with him for the exercise of its functions under section 1E of the Act.
2
Arrangements made by the local authority with the housing manager —
a
shall require the housing manager to consult the local authority before exercising any relevant function; and
b
may include such other conditions as the local authority considers appropriate.
Legal Proceedings
4
Section 223 (appearance of local authorities in legal proceedings) of the Local Government Act 1972 shall have effect as if —
a
a housing manager with whom arrangements are made by virtue of this Order to exercise any relevant functions; and
b
any employee of the manager,
were an officer of the local authority.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department of Communities and Local Government
10th May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No. 2) Order 2007 and comes into force on 30th November 2007.
2
In this Order a reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 .
Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
2
The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 is amended as follows.
3
In article 2 —
a
for the definition of “Advocates Meeting”, substitute —
“Advocates Meeting” means an Advocates Meeting held in accordance with paragraph 4.5 or 5.2 of the Children Act Protocol or stage 2 or 3 of the Draft Public Law Outline but does not include communication between the advocates under paragraph 5.2 or stage 2 or 3 other than such a meeting;
;
b
in the definition of “Case Management Conference”, after “Protocol” insert —
or stage 2 of the Draft Public Law Outline;
;
c
after the definition of “counsel”, insert —
“Draft Public Law Outline” means the protocol for the judicial case management of public law Children Act 1989 cases, issued for consultation on 21st June 2007 by the President of the Family Division;
;
d
after the definition of “Independent Funding Adjudicator”, insert —
“Issues Resolution Hearing” means an Issues Resolution Hearing held in accordance with stage 3 of the Draft Public Law Outline;
.
4
In article 2C(1)(b), after “Conference” insert “, Issues Resolution Hearing”.
5
For article 2E(1)(b) substitute —
b
in care proceedings, where the same counsel attends either —
i
under the Children Act Protocol, both the Pre-Hearing Review and the main hearing on behalf of a client, the Pre-Hearing Review; or
ii
under the Draft Public Law Outline, both the Issues Resolution Hearing and the main hearing on behalf of a client, the Issues Resolution Hearing.
.
6
In article 8 —
a
in paragraph (1)(aa), after “Protocol” insert “or stage 2 or 3 of the Draft Public Law Outline”;
b
in paragraph (1)(b), omit from “and for the purposes” to “Review”;
c
after paragraph (1)(b), insert —
c
In this paragraph, ‘hearing’ shall, in care proceedings, include —
i
a Case Management Conference;
ii
a Pre-Hearing Review; or
iii
an Issues Resolution Hearing.
;
d
in paragraph (2A), in each place where it appears, after “Conference”, insert “, Issues Resolution Hearing”;
e
for paragraph (3)(d) substitute —
d
where, in care proceedings, the same counsel attends —
i
under the Children Act Protocol, both the Pre-Hearing Review and the main hearing on behalf of a client; or
ii
under the Draft Public Law Outline, both the Issues Resolution Hearing and the main hearing on behalf of a client,
a function F5 primary hearing fee must be paid in respect of either the Pre-Hearing Review or the Issues Resolution Hearing and the main hearing must be paid at the secondary hearing unit rate.
.
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
7th November 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security, Occupational Pension Schemes and Statutory Payments (Consequential Provisions) Regulations 2007 and shall come into force on 6th April 2007.
2
These Regulations have effect from 2nd December 2004.
Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001
2
1
The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 are amended as follows.
2
In regulation 1(2), in the definition of “due date”, before “means” insert “(subject to regulation 4(11))”.
3
In regulation 4 at the end add —
11
Where an amount is retrospectively treated as earnings (“retrospective earnings”) by regulations made by virtue of section 4B(2) of the Act , the “due date” for earnings-related contributions in respect of those earnings is the date given by paragraph 11A of Schedule 4 to the Social Security (Contributions) Regulations 2001, for the purposes of this regulation and regulations 5 and 5A.
4
After regulation 5 insert —
Treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings
5A
Where a primary Class 1 contribution payable in respect of retrospective earnings is paid by the due date, it shall be treated —
a
for the purposes of the first contribution condition of entitlement to a contribution-based jobseeker’s allowance or short-term incapacity benefit, as paid on the day on which payment is made of the retrospective earnings in respect of which the contribution is payable; and
b
for any other purpose relating to entitlement to any contributory benefit, as paid on the due date.
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
3
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended as follows.
2
In regulation 1(2) —
a
in the definition of “earnings period” for “1979” substitute “2001”;
b
in the definition of “emoluments” for “the Contributions and Benefits Act” substitute “Parts 1 to 5 of the Contributions and Benefits Act, including any amount retrospectively treated as earnings (“retrospective earnings”) by retrospective contributions regulations;”;
c
add at the appropriate place the following definition —
“retrospective contributions regulations” means regulations made by virtue of section 4B(2) of the Contributions and Benefits Act and, in relation to an amount of retrospective earnings, “the relevant retrospective contributions regulations” means the regulations which treated that amount as earnings;
.
3
In regulation 31 after paragraph (5) insert —
5A
In the case of retrospective earnings (see the definition of “emoluments”) the employer may recover the minimum payments relating to those earnings from any payment of emoluments to that earner made after the relevant retrospective contributions regulations come into force and during the same tax year.
5B
Any amount deducted under paragraphs (5) and (5A) may be in addition to, but shall not exceed, any amount deducted from the same payment of emoluments under paragraphs (3) or (4).
4
In regulation 32 after paragraph (1) insert —
1A
In the case of retrospective earnings, the employer shall make to the trustees of the scheme any additional minimum payments which fall to be made by him, within 14 days of the end of the income tax month in which the relevant retrospective contributions regulations come into force.
Amendment of the Statutory Maternity Pay (General) Regulations 1986
4
1
The Statutory Maternity Pay (General) Regulations 1986 are amended as follows.
2
In regulation 20(2)(a) for the words “from the computation” to “1979” substitute “or disregarded in the calculation of a person’s earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001”.
3
In regulation 20(4) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;
.
4
In regulation 21B(b) for the words from “receiving” to the end substitute —
—
i
receiving a pay increase referred to in regulation 21(7), or
ii
being treated as having been paid retrospective earnings under regulation 20(4)(za),
.
Amendment of the Statutory Sick Pay (General) Regulations 1982
5
1
The Statutory Sick Pay (General) Regulations 1982 are amended as follows.
2
In regulation 17(2)(a) for the words “from the computation” to “1979” substitute “or disregarded in the calculation of a person’s earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001”.
3
In regulation 17(3) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;
.
Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
6
1
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 are amended as follows.
2
In regulation 39(3) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Act;
.
Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations 2000
7
1
The Social Security (Maternity Allowance) (Earnings) Regulations 2000 are amended as follows.
2
In regulation 1(2) (interpretation) for the definition of “the Contributions Regulations ” substitute —
“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001;
.
3
In regulation 2 —
a
in paragraph (1) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act,
; and
b
in paragraph (2) for “19, 19A or 19B of” substitute “25, 27 or 123 of, or Schedule 3 to,”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996
8
1
The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 are amended as follows.
2
In regulation 1(2) —
a
in the definition of “earnings period” for “1979” substitute “2001”;
b
in the definition of “emoluments” for “the Contributions and Benefits Act” substitute “Parts 1 to 5 of the Contributions and Benefits Act, including any amount retrospectively treated as earnings (“retrospective earnings”) by retrospective contributions regulations;”;
c
add at the appropriate place the following definition —
“retrospective contributions regulations” means regulations made by virtue of section 4B(2) of the Contributions and Benefits Act and, in relation to an amount of retrospective earnings, “the relevant retrospective contributions regulations” means the regulations which treated that amount as earnings;
.
3
In regulation 31 after paragraph (5) insert —
5A
In the case of retrospective earnings (see the definition of “emoluments”) the employer may recover the minimum payments relating to those earnings from any payment of emoluments to that earner made after the relevant retrospective contributions regulations come into force and during the same tax year.
5B
Any amount deducted under paragraphs (5) and (5A) may be in addition to, but shall not exceed, any amount deducted from the same payment of emoluments under paragraphs (3) or (4).
4
In regulation 32 after paragraph (1) insert —
1A
In the case of retrospective earnings, the employer shall make to the trustees of the scheme any additional minimum payments which fall to be made by him, within 14 days of the end of the income tax month in which the relevant retrospective contributions regulations come into force.
Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001
9
1
The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 are amended as follows.
2
In regulation 1(2), in the definition of “due date”, before “means” insert “(subject to regulation 4(11))”.
3
In regulation 4 at the end add —
11
Where an amount is retrospectively treated as earnings (“retrospective earnings”) by regulations made by virtue of section 4B(2) of the Act, the “due date” for earnings-related contributions based on those earnings is the date given by paragraph 11A of Schedule 4 to the Social Security (Contributions) Regulations 2001, for the purposes of this regulation and regulations 5 and 5A.
4
After regulation 5 insert —
Treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings
5A
Where a primary Class 1 contribution payable in respect of retrospective earnings is paid by the due date, it shall be treated —
a
for the purposes of the first contribution condition of entitlement to a contribution-based jobseeker’s allowance or short-term incapacity benefit, as paid on the day on which payment is made of the retrospective earnings in respect of which the contribution is payable; and
b
for any other purpose relating to entitlement to any contributory benefit, as paid on the due date.
Amendment of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987
10
1
The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 are amended as follows.
2
In regulation 20(2) for sub-paragraph (a) substitute —
a
excluded or disregarded in the calculation of a person’s earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001; or
.
3
In regulation 20(4) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;
.
4
In regulation 21B(b) for the words from “receiving” to the end substitute —
—
i
receiving a pay increase referred to in regulation 21(7), or
ii
being treated as having been paid retrospective earnings under regulation 20(4)(za),
.
Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982
11
1
The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 are amended as follows.
2
In regulation 17(2) for sub-paragraph (a) substitute —
a
excluded or disregarded in the calculation of a person’s earnings under regulation 25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001; or
.
3
In regulation 17(3) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act;
.
Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
12
1
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 are amended as follows.
2
In regulation 39(3) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Act;
.
Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000
13
1
The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000 are amended as follows.
2
In regulation 2 —
a
in paragraph (1) before sub-paragraph (a) insert —
za
any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act,
; and
b
in paragraph (2) for “19, 19A” to the end substitute “25, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001 (payments to be disregarded)”.
Modifications to other contributions legislation (contributory benefits, statutory payments etc. )
14
1
In this regulation —
“relevant legislation” means legislation relating to purposes mentioned in section 4C(2)(b) to (e) of the Social Security Contributions and Benefits Act 1992 (“the Act”) or section 4C(2)(b) to (e) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Northern Ireland Act ”);
“retrospective contributions regulations” means regulations made by virtue of section 4B(2) of the Act or of the Northern Ireland Act, as the case may be and, in relation to an amount retrospectively treated as earnings, “the relevant retrospective contributions regulations” means the regulations which treated that amount as earnings;
“the relevant time” means the time before the relevant retrospective contributions regulations are made; and
“the revised earnings” means the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time as determined after applying the relevant retrospective contributions regulations.
2
References in any relevant legislation, or any provision made under any such legislation, which relate to —
a
the earnings in respect of the employment, paid to or for the benefit of the earner at the relevant time, or
b
the amount of such earnings so paid at that time,
are to be read, to the extent they would not otherwise be and in so far as they so relate, as references which relate to the revised earnings or, as the case may be, the amount of those earnings.
3
Any matter which, at the time when the relevant retrospective contributions regulations are made, has been determined for the purposes of any relevant legislation, or any provision made under any such legislation, wholly or partly by reference to —
a
the earnings, in respect of the employment, paid to or for the benefit of the earner at the relevant time, or
b
the amount of such earnings so paid at that time,
is to be re-determined (to the extent it would not otherwise be) as it would have been determined at the time of the original determination if it had been determined wholly or partly, as the case may be, by reference to the revised earnings or the amount of those earnings.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Works and Pensions
James Purnell
Minister of State
Department of Work and Pensions
31st March 2007
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on the 28th day of March 2007.
John O’Neill
Senior Officer of the Department for Social Development
The Department for Employment and Learning concurs.
Sealed with the Official Seal of the Department for Employment and Learning on the 28th day of March 2007.
D.S.S. McAuley
Senior Officer of the Department for Employment and Learning


text:
PART 1 Introduction
Title, application and commencement
1
This Order —
a
may be cited as the Sheep and Goats (Records, Identification and Movement) (England) Order 2007;
b
applies in England; and
c
comes into force on 11th January 2008.
Interpretation
2
1
In this Order —
“animal” means any animal of the ovine or caprine species;
“assembly centre” means any holding, collection centre or market at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export;
“Council Directive 92/102/ EEC ” means Council Directive 92/102/EEC on the identification and registration of animals ;
“the Council Regulation” means Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC ;
“ CPH ” in the forms in Schedules 1 and 2, means the county parish holding number assigned to any premises or part of any premises by the Secretary of State;
“export” means sending to another member State or a third country;
“flockmark” means the number allocated by the Secretary of State in respect of a flock of sheep on a holding;
“herdmark” means the number allocated by the Secretary of State in respect of a herd of goats on a holding;
“holding” has the meaning given in Article 2 of the Council Regulation;
“holding of origin” means the holding on which an animal was present immediately before moving to an assembly centre or, where an animal is consigned for export other than through an assembly centre, the holding on which an animal is present immediately prior to export;
“identification code” means the code set out on a means of identification as required under this Order;
“identification tag” means an eartag approved by the Secretary of State in accordance with article 11 bearing the information set out in sub-paragraphs (a) to (c) of article 5(5);
“identification mark” means a method of identification applied in another member State, a means of identification or an older means of identification;
“inspector” means a person appointed to be an inspector for the purposes of this Order by the Secretary of State or a local authority;
“keeper” has the meaning given in Article 2 of the Council Regulation;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for a local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county; or
in each London borough, the council of that borough;
in the city of London, the Common Council;
“market operator” means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;
“means of identification” means an identification tag or a tattoo;
“method of identification” means an eartag or tattoo applied in another member State or a third country;
“movement document” means the movement document required by Article 6 of the Council Regulation;
“older means of identification” means an eartag or tattoo applied under the previous Orders;
“the previous Orders” means —
the Sheep and Goats (Records, Identification and Movement) (England) Order 2005 ;
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 ;
the Sheep and Goats Identification (England) Order 2000 ;
the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002 ;
the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005 ;
the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 ;
the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997 ;
the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006 ;
the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002 ;
the Sheep and Goats Identification (Scotland) Regulations 2000 ; or
“register” means the register required by Article 5 of the Council Regulation and in the form set out in Schedule 1;
“replacement means of identification” means a replacement tag or replacement tattoo;
“replacement tag” means a red eartag approved by the Secretary of State in accordance with article 11 with a code comprising the following information, printed in the following order —
the letters “ UK ”;
the flockmark or herdmark of the flock or herd the animal is in when the identification tag is applied;
a unique number; and
the letter “R”;
“replacement tattoo” means a tattoo comprising the following information, printed in the following order —
the letters “UK”;
the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;
a unique number; and
the letter “R”;
“slaughterhouse operator” means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;
“unique number” means a number that is unique to an animal in a flock or herd and contains no more than 6 digits.
2
Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.
Competent authority
3
The Secretary of State is the competent authority for the purposes of the Council Regulation.
Authorisations
4
Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time.
PART 2 Identification of animals
Identification of animals not identified before the 11th January 2008
5
1
This article applies to —
a
animals born before 11th January 2008 which are not identified before that date and are on their holding of birth; and
b
animals born on or after 11th January 2008.
2
A keeper must comply with Article 4(1) (first paragraph) and Article 4(2)(a) and (b) of the Council Regulation and this article unless the alternative method of identification set out in article 6 is authorised.
3
For the purpose of Article 4(1) of the Council Regulation, the time limits for identifying an animal are —
a
9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or
b
6 months from the date of birth, in the case of any other animal.
4
An eartag applied as the first or second means of identification may be any colour other than red.
5
The identification code on a means of identification for the purposes of Section A.2 of the Annex to the Council Regulation must be —
a
the letters “UK”;
b
the flockmark or herdmark of the flock or herd into which the animal is born; and
c
a unique number
and must be identical on the first and second means of identification.
Identification of animals intended for slaughter
6
1
For animals intended for slaughter before the age of 12 months and not intended for export, the identification method in Section A.7 of the Annex to the Council Regulation is authorised as an alternative to the means of identification referred to in Article 4(2) of that Regulation.
2
The identification code for the purposes of Section A.7 of the Annex to the Council Regulation must be the same as that set out in sub-paragraphs (a) to (c) of article 5(5).
3
Any animal identified by the means of identification referred to in paragraph (1) (“the first identification tag”) must be identified with a second means of identification in accordance with paragraphs (4) to (6) if it —
a
is not slaughtered before the age of 12 months; or
b
is consigned for export.
4
The second means of identification must be either —
a
an additional identification tag or, unless the animal is destined for export, a tattoo, with the same identification code as on the first identification tag; or
b
two additional identification tags or, unless the animal is destined for export, an identification tag and a tattoo which bear —
i
the letters “UK”;
ii
the flockmark or herdmark of the flock or herd where the additional means of identification are applied; and
iii
a unique number.
5
Where two additional means of identification are applied the keeper —
a
must not remove or deface the first identification tag;
b
must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the additional means of identification in column 4 and the letters and flockmark or herdmark on the original means of identification in columns 5 and 6.
6
In the case of animals consigned for export the keeper must apply the second means of identification before the animal leaves the holding of origin.
Identification of animals identified before 11th January 2008
7
1
This article applies to animals identified before 11th January 2008.
2
Only the first means of identification, as set out in Article 4(2)(a) of the Council Regulation, is required for animals identified with a unique number before 11th January 2008.
3
In the case of animals identified before 11th January 2008, but where the existing identification mark does not contain a unique number, a keeper must re-identify those animals before moving them from a holding so that they bear two means of identification which —
a
in the case of an animal which is on its holding of birth, must be in accordance with the provisions in Article 4(2)(a) and (b) of the Council Regulation; or
b
in the case of an animal which is not on its holding of birth, must be two replacement tags, in which case the keeper must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement tags in column 4 and the letter or letters and flockmark or herdmark on the existing means of identification in columns 5 and 6.
Identification of animals not identified before the 11th January 2008 which are not on their holding of birth
8
The keeper must identify animals not identified before the 11th January 2008 which are no longer on their holding of birth with two replacement tags before the animals leave a holding.
Identification of animals for export
9
1
A keeper must identify all animals for export by the first and second means of identification as set out in Article 4(2)(a) and (b) of the Council Regulation or article 6(4)(b), except the second means of identification must be an identification tag and not a tattoo.
2
No person may consign an animal for export where it has been —
a
tagged in accordance with article 8;
b
re-tagged in accordance with article 7(3)(b), 18(3)(a), 18(4)(a), 19(5)(a) or 19(6)(a); or
c
re-tagged in accordance with article 17(4)(a) and as a consequence is identified by two replacement means of identification.
Identification of animals imported from third countries
10
1
A keeper must comply with Article 4(4) of the Council Regulation and this article.
2
For the purposes of Article 4(4) (first paragraph) of the Council Regulation, the period for identifying an animal is 14 days.
3
The means of identification for animals imported from a third country must be the same as that set out in Article 4(2)(a) and (b) of the Council Regulation and the identification code for the purposes of Section A.2 of the Annex is —
a
the letters “UK”;
b
the flockmark or herdmark of the flock or herd into which the animal is imported;
c
a unique number.
4
Where an animal is imported from a third country and re-identified according to this article, the keeper must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the new means of identification in column 4 and the full code on the method of identification applied in the third country in columns 5 and 6.
PART 3 Identification tags
Approval of identification tags
11
The Secretary of State must approve eartags for the purposes of this Order.
Additional tags and tags with additional information
12
1
At the request of a keeper, a manufacturer of identification tags may add supplementary information to an identification tag or replacement tag provided that —
a
the supplementary information is distinct from the identification code; and
b
the identification code remains legible and clearly distinguishable at all times.
2
A keeper may apply an additional tag to an animal but it must not contain the letters “UK” or bear a flockmark or herdmark, unless authorised by the Secretary of State.
Red eartags
13
No person may attach a red eartag to any animal, other than a replacement tag.
PART 4 Removal or replacement of identification marks
Removal or replacement of identification marks
14
1
No person may remove or replace the original method of identification of an animal originating in another member State in contravention of Article 4(5) of the Council Regulation.
2
No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation, unless in accordance with articles 16 to 19.
3
A keeper must replace a lost or illegible identification mark, in accordance with articles 15 to 19, as soon as possible after the original identification mark is removed or discovered to be lost or illegible, but in any event–
a
no later than 28 days after it was removed or discovered to be lost or illegible, and
b
before the animal is moved from the holding.
4
It is a defence for any person charged with an offence of contravening or failing to comply with paragraphs (1) or (2) to prove that —
a
the identification mark was removed to prevent unnecessary pain to an animal; and
b
a replacement means of identification bearing the same identification code was applied to the animal as soon as possible.
Replacement of the identification mark with an identical code
15
Where a keeper is required by article 14(3) to replace a lost or illegible identification mark he may do so with a means of identification with an identical identification code and in that case he must record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
Replacement of the identification mark with a different code
16
A keeper may, as an alternative to the method of replacement described in article 15, instead replace a lost or illegible identification mark with a means of identification bearing a different code to the original identification mark in accordance with articles 17 to 19, provided the objective of traceability is not compromised.
Replacement of the identification mark with a different code for double-tagged animals which have lost one identification mark
17
1
This article applies where one identification mark from a double-identified animal is lost or illegible but one legible identification mark remains.
2
In this article and article 18 “double-identified animal” means an animal identified with two identification marks.
3
If the animal is on its holding of birth the keeper must replace a lost or illegible means of identification or older means of identification with another means of identification and —
a
ensure that at least one means of identification or older means of identification on an animal is an eartag; and
b
record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
4
If the animal is no longer on its holding of birth the keeper must either —
a
replace a lost or illegible identification mark or with a replacement means of identification and —
i
ensure that at least one identification mark on an animal is an eartag; and
ii
record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and
iii
record the letter or letters and flockmark or herdmark on the remaining means of identification or older means of identification, or the full code on a method of identification, in columns 5 and 6 of section 2 of the register; or
b
replace the lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal.
Replacement of the identification mark with a different code for double-tagged animals which have lost both identification marks
18
1
This article applies where both identification marks on a double-identified animal are lost or illegible.
2
If the animal is on its holding of birth the keeper must —
a
replace the lost or illegible means of identification or older means of identification with two new identification tags or an identification tag and a tattoo; and
b
record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
3
If the original flockmark or herdmark of the animal or the code on a lost or illegible replacement means of identification is known and the animal is not on its holding of birth, the keeper must either —
a
replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo and —
i
record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and
ii
record in columns 5 and 6 of section 2 of the register —
aa
if known, the letter or letters and flockmark or herdmark on the lost or illegible means of identification or older means of identification, or the full code on a method of identification; or
bb
if those things are not known, the letter and flockmark or herdmark on the lost or illegible replacement means of identification; or
b
replace the lost or illegible means of identification or older means of identification with two identification tags which have on them the flockmark or herdmark of the holding of birth of the animal.
4
If the original flockmark or herdmark is not known, the keeper must —
a
replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo; and
b
record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
Replacement of the means of identification or older means of identification with a different code for single-tagged animals
19
1
This article applies where the means of identification or older means of identification on a single-identified animal is lost or illegible.
2
In this article “single-identified animal” means —
a
an animal identified in accordance with paragraphs (1) and (2) of article 6 or similar provisions that give effect to the Council Regulation in Scotland, Wales or Northern Ireland; or
b
an animal identified with only one older means of identification applied under previous Orders.
3
If a keeper is replacing a lost or illegible tag on an animal born after 9th July 2005 a new or replacement means of identification must be an identification tag and not a tattoo.
4
If the animal is on its holding of birth, the keeper must —
a
replace the lost or illegible means of identification or older means of identification with a new means of identification; and
b
record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
5
If the original herdmark or flockmark is known and the animal is not on its holding of birth, the keeper must either —
a
replace the lost or illegible means of identification or older means of identification with a replacement means of identification and —
i
record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and
ii
record the letter or letters and flockmark or herdmark on the original means of identification or older means of identification in columns 5 and 6 of section 2 of the register; or
b
replace a lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal.
6
If the original flockmark or herdmark is not known, the keeper must —
a
replace the lost or illegible means of identification or older means of identification with a replacement means of identification; and
b
record information about the replacement in columns 1, 2 and 3 of section 2 of the register.
Replacement of identification marks lost at markets
20
1
The requirements of articles 14 to 19 to replace an identification mark do not apply to a market operator or slaughterhouse operator.
2
If an identification mark is removed, lost or discovered to be illegible while an animal is at a market, the keeper who purchases the animal at the market must apply a replacement in accordance with the provisions of articles 14 to 19.
Loss of methods of identification applied in a third country
21
Where an animal is imported from a third country and re-tagged in accordance with Article 4(4) of the Council Regulation, the keeper is not required to replace a method of identification applied in the third country if it subsequently becomes lost or illegible.
Alteration of identification marks
22
No person may alter, obliterate or deface the information on any identification mark attached to an animal under —
a
the Council Regulation;
b
this Order or any provision that gives effect to the Council Regulation in Scotland, Wales or Northern Ireland;
c
the previous Orders; or
d
Council Directive 92/102/EEC , in the case of an animal marked in another member State in accordance with that Directive.
PART 5 Holding registers
Holding register
23
1
Every keeper, other than a transporter, must comply with Article 5(1), (3) and (5) of the Council Regulation.
2
When an animal is moved onto or from its holding, the keeper must record —
a
the information required by Section B of the Annex to the Council Regulation; and
b
the number of animals moved.
3
The information referred to in paragraph (2) in respect of animals moving onto a holding must be recorded by the keeper by entering it in section 3 of the register.
4
The information referred to in paragraph (2) in respect of animals moving from a holding must be recorded by the keeper by either —
a
entering it in section 3 of the register; or
b
retaining a duplicate or a certified copy of the movement document and keeping such duplicate or copy with the register in chronological order with any other movement documents retained.
5
Where an animal is consigned for export the keeper at the holding of origin must, in addition to the information referred to in paragraph (2), record the unique number of that animal when recording its movement onto and off the holding of origin, by the methods set out in paragraphs (3) and (4) (a) or (b).
6
For the purposes of Article 5(3) of the Council Regulation, the register must be in the form set out in Schedule 1.
7
The keeper must complete the register —
a
in the case of the movement of an animal onto or from a holding within 36 hours of the movement;
b
in the case of the replacement of an identification mark, within 36 hours of the replacement.
8
Where a keeper moves his animals to another holding but continues to be the keeper, the keeper does not have to keep the register on that holding but must be able to produce it within a reasonable amount of time to the Secretary of State upon request.
9
For the purposes of Article 5(3) of the Council Regulation, the period for which the register, including the duplicate or certified copies of the movement documents if kept in accordance with paragraph (4)(b), must be available is 3 years from when the last entry was made.
PART 6 Movement documents
Movement document
24
1
A keeper must comply with Article 6(1) of the Council Regulation and complete the movement document in accordance with this article.
2
A keeper must comply with Article 6(3) of the Council Regulation and for the purposes of that article the minimum period for which the keeper at the holding of destination must keep the movement document is 3 years from the date of the movement of an animal onto his holding.
3
The movement document must —
a
be in the form set out in Schedule 2;
b
be completed in full by the appropriate keeper as specified in that form;
c
in addition to containing the information required by Section C of the Annex to the Council Regulation, be completed by the keeper with the information in Schedule 2, including the number of animals moved; and
d
be kept in chronological order with any other movement documents retained by the keeper at the holding of destination.
4
A market operator may complete an electronically generated movement document in a form other than that set out in Schedule 2, provided that it —
a
contains the information in Section C of the Annex to the Council Regulation and paragraph 3(c) of this article;
b
contains a reference to this Order at the head of the document; and
c
is printed and signed by the market operator.
Supply of movement document
25
1
In the case of an animal moved to another holding —
a
upon the animal’s arrival at that other holding, the transporter must give the movement document to the keeper at that holding; and
b
the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal arriving at the holding.
2
In the case of an animal moved from a holding to a port and intended for consignment outside Great Britain, the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal leaving the holding.
PART 7 Central database
Inventory of animals
26
1
For the purpose of Article 7(2) of the Council Regulation, a keeper who keeps animals permanently must make an inventory of the number of animals on his holding as at the 1st December each year.
2
A keeper must provide the result of the annual inventory to the Secretary of State by 31st December each year.
Supply of information
27
1
On receiving notification under Article 8(2) of the Council Regulation that a person has become the keeper on a holding, the Secretary of State must, subject to paragraph (2), allocate a flockmark in respect of each flock of sheep on the holding and a herdmark in respect of each herd of goats on the holding.
2
When the holding is a slaughterhouse or a market, the Secretary of State must allocate a flockmark or herdmark only where he deems it appropriate to do so.
3
The keeper must notify the Secretary of State in writing of any change in the information specified in Article 8(2)(a) of the Council Regulation within thirty days of such change.
PART 8 Markets
Markets
28
1
A market operator must ensure that all animals are divided into lots of one or more animals immediately upon their arrival at the market and that a lot number is allocated to each lot.
2
No person may buy an animal at a market unless he buys all the other animals in the lot to which that animal belongs and moves the entire lot from the market to the same holding.
3
No person may sell an animal at a market unless he also sells all the other animals in the lot to the same buyer.
4
A market operator may not receive an animal onto a market unless —
a
it is identified in accordance with Part 2; and
b
it is accompanied by a movement document which is completed in accordance with Part 6.
PART 9 Animals brought into England
Receipt of animals from another member State
29
No person may receive an animal from another member State unless it is identified in accordance with —
a
the Council Regulation, in the case of an animal born after 9th July 2005; or
b
Council Directive 92/102/EEC , in the case of an animal born on or before 9th July 2005.
Receipt of animals from Scotland, Wales or Northern Ireland
30
No person may receive an animal from Scotland, Wales or Northern Ireland unless it is identified, tagged and accompanied by a movement document in accordance with —
a
in the case of an animal born after 9th July 2005, the Council Regulation, including any derogation exercised under the Council Regulation; or
b
in the case of an animal born on or before 9th July 2005 the previous Orders and any additional requirements imposed in legislation enforcing the Council Regulation in relation to those animals.
PART 10 Miscellaneous
Defence related to movement for emergency veterinary treatment
31
It is a defence for any person charged with an offence of contravening or failing to comply with any provision in this Order relating to the movement of an animal from a holding without attaching or applying the required method of identification to prove that the animal was moved from the holding for the purposes of emergency veterinary treatment.
Powers of inspectors
32
1
An inspector may, for any purpose relating to the enforcement of this Order —
a
collect, pen and mark any animal and require a keeper to arrange for the collection, penning, marking and securing of any animal;
b
require the keeper to produce or copy any document or record;
c
remove and retain any document or record;
d
have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;
e
where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;
f
require the production of any unused identification tags, and record their numbers;
g
take with him a representative of the European Commission acting for the purposes of Article 12 of the Council Regulation, or any people or things he considers necessary.
2
A person required to do anything by an inspector acting under paragraph (1) must, unless he has reasonable cause, do so without delay.
Power to prohibit movement of animals
33
1
An inspector may, by serving notice on a keeper, prohibit the movement of a flock of sheep onto or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that flock.
2
An inspector may, by serving notice on a keeper, prohibit the movement of a herd of goats onto or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that herd.
3
A notice served under this article may be amended or revoked by further notice at any time.
False information
34
No person may furnish information which he knows to be false or misleading to a person acting under this Order.
Offences by bodies corporate
35
1
If an offence against the Animal Health Act 1981 committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Enforcement
36
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority by this Order must be discharged by the Secretary of State and not by the local authority.
Revocations
37
The following are revoked —
a
the Sheep and Goats (Records, Identification and Movement) (England) Order 2005 ; and
b
the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
11th December 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) Order 2007 and comes into force on 1 st September 2007.
2
In this Order, “ the Document ” means the document entitled “School Teachers’ Pay and Conditions Document 2007 and Guidance on School Teachers’ Pay and Conditions” published by The Stationery Office Limited .
Application
2
This Order applies to school teachers in England and Wales.
The Document
3
For the purposes of making provision for the determination of the remuneration of school teachers and other conditions of employment of school teachers which relate to their professional duties and working time, the provisions set out in section 2 of the Document have effect from 1 st September 2007.
Revocations
4
The Education (School Teachers’ Pay and Conditions) (No.2) Order 2006 , the Education (School Teachers’ Pay and Conditions) (No.2) (Amendment) Order 2006 and the Education (School Teachers’ Pay and Conditions) (No.2) (Amendment) Order 2007 are revoked.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
31st July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
2
In regulation 7C (pay in lieu of notice) insert the following paragraph at the end —
3
This regulation is subject to regulation 7D.
.
3
After regulation 7C insert —
Ceasing to undertake work or working for less than 16 hours per week
7D
1
This regulation applies for the four-week period immediately after —
a
a person who has been undertaking qualifying remunerative work for not less than 16 hours per week ceases to work or starts to work less than 16 hours per week, or
b
a person who has been undertaking qualifying remunerative work for not less than 30 hours per week ceases to work or starts to work less than 16 hours per week.
2
For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during that period.
This is subject to paragraph (3).
3
The person must have been engaged in qualifying remunerative work immediately before the beginning of that period.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Armed Forces (Service Complaints Commissioner) Regulations 2007 and shall come into force on 1st January 2008.
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“relevant officer” has the same meaning as in section 338 of the Act; and
“service complaint” has the same meaning as in section 334 of the Act.
Prescribed behaviour
2
1
For the purposes of section 338(1) of the Act, a person has been wronged in a prescribed way if he has been the subject of:
a
discrimination;
b
harassment;
c
bullying;
d
dishonest, improper or biased behaviour.
2
In this regulation “discrimination” means —
a
discrimination or victimisation on the grounds of colour, race, ethnic or national origin, nationality, sex, gender re-assignment, status as a married person or civil partner, religion, belief or sexual orientation; and
b
less favourable treatment as a part-time employee.
Notifications to the Service Complaints Commissioner
3
Where, in accordance with section 338(2) of the Act, the Service Complaints Commissioner refers an allegation that a person has been wronged, the relevant officer shall within 21 days notify the Service Complaints Commissioner of the occurrence of any of the following events —
a
that he has informed the person that the allegation has been referred;
b
that the person has been made aware of the matters referred to in section 338(3)(b) of the Act;
c
of the decision of the person whether he wishes to make a service complaint in respect of the alleged wrong;
d
that a service complaint which the person wishes to make in respect of the alleged wrong may not be made because of the expiry of a period prescribed under section 334(5) of the Act , and that the person has been informed of this;
e
that a service complaint which the person wishes to make in respect of the alleged wrong may not be made because it is about a matter of a description prescribed by regulations made under section 334(2) of the Act, and that the person has been informed of this;
f
of the withdrawal of a service complaint made in respect of the alleged wrong;
g
of a referral of a service complaint in respect of the alleged wrong to a superior officer or to the Defence Council pursuant to regulations made under section 334(4) of the Act;
h
of a decision under section 334(7) of the Act whether the service complaint is well-founded; and
i
of a decision under section 334(8) of the Act in relation to redress.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th November 2007


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment No.2) Order 2007 and shall come into force on 29th September 2007.
Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004
2
1
The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 is amended as follows.
2
In article 4(2) for “30th September 2007” substitute “30th September 2009”.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th August 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Cattle Identification (Amendment) Regulations 2007; they apply in England and come into force on 1st May 2007.
Amendment to the Cattle Identification Regulations 2007
2
The Cattle Identification Regulations 2007 are amended by adding after regulation 3(3) the following paragraph —
4
Any person who fails to comply with paragraph (1) or (3) is guilty of an offence.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
27th March 2007


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 ;
“the FAS Information and Payments Regulations ” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 .
PART 2 Amendment of the FAS Regulations
Amendment of the FAS Regulations
2
The FAS Regulations are amended in accordance with this Part.
Amendment of Part 1 (general)
3
In regulation 2 (interpretation), omit paragraphs (5) and (6).
Amendment of Part 3 (qualifying pension schemes)
4
1
In regulation 9(1) (qualifying pension schemes) —
a
at the end of sub-paragraph (c), omit “and”, and
b
after sub-paragraph (c), insert —
ca
there was, in the opinion of the scheme manager, a relevant link between the commencement of the winding up of the scheme and the fact that the relevant condition mentioned in sub-paragraph (c) is satisfied; and
.
2
After regulation 9(1), insert —
1A
The relevant link mentioned in paragraph (1)(ca) is deemed to be established in relation to any employer in respect of which the relevant condition mentioned in paragraph (1)(c) is satisfied before 1st January 2009.
.
3
In regulation 10 (other schemes which are not qualifying pension schemes), for paragraph (l) substitute —
l
a scheme with fewer than 12 members where all the members are trustees of the scheme and either —
i
the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or
ii
the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees) and is registered in the register maintained by the Pensions Regulator in accordance with regulations made under subsection (4) of that section;
m
a scheme with fewer than 12 members where all the members are directors of a company which is the sole trustee of the scheme and either —
i
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors of that company who are members of the scheme; or
ii
one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the 1995 Act and is registered in the register maintained by the Pensions Regulator in accordance with regulations made under subsection (4) of that section.
.
4
In regulations 11(1) (condition to be satisfied by employer), 12(1) and (2) (condition to be satisfied: multi-employer schemes), and 13(4) and (4A) (insolvency events), omit “on or before 28th February 2007” in each place that it occurs.
5
In regulation 13 —
a
in paragraph (2), omit sub-paragraph (b);
b
in paragraph (3A), omit “on 28th February 2007 or on some earlier date”; and
c
after paragraph (4A), insert —
4B
The scheme manager may also, for the purposes of regulations 11 and 12, treat an insolvency event as having occurred in relation to the employer in relation to an occupational pension scheme where —
a
the trustees of such a scheme entered into a binding agreement, with the employer against whom it arose, to compromise the debt that arose under section 75 of the 1995 Act, and
b
the scheme manager is satisfied that had that agreement not been entered into —
i
the value of that employer’s assets would have been less than the amount of its liabilities, taking into account its contingent and prospective liabilities, or
ii
the employer would have been unable to pay its debts as they fell due.
.
Amendment of Part 4 (qualifying members)
5
In regulation 15 (qualifying members) —
a
in paragraph (1), for “paragraphs (2) to (4)” substitute “paragraphs (2) and (3)”;
b
omit paragraph (4); and
c
in paragraph (5), omit sub-paragraph (d) and the word “and” which precedes it.
Amendment of Part 5 (annual and initial payments)
6
1
In regulation 17 (annual payments), for paragraph (1) substitute —
1
Schedule 2 makes provision for the determination of the amount of annual payments to be paid to, or in respect of, qualifying members of qualifying pension schemes including provision for a cap to be imposed on such amounts.
.
2
In regulation 18 (initial payments) —
a
in paragraph (1), omit “Subject to paragraph (4A),”;
b
omit paragraph (4A);
c
after paragraph (9), insert —
9ZA
The power to redetermine the amount of an initial payment under paragraph (9) includes the power to redetermine that amount as a result of a change in the amount of interim pension being paid to the beneficiary.
; and
d
for paragraph (10) substitute —
10
In this regulation “interim pension” has the meaning given in paragraph 2 of Schedule 2.
.
Amendment of Schedule 2 (determination of annual and initial payments)
7
1
In paragraph 1(2) of Schedule 2 (determination of annual and initial payments), omit the definitions of “Group 1 qualifying member”, “Group 2 qualifying member” and “Group 3 qualifying member”.
2
After paragraph 1(3), insert —
4
In this Schedule, “normal retirement age” means, subject to sub-paragraph (5), in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire.
5
Where the normal retirement age —
a
determined in accordance with sub-paragraph (4) is more than 65, that age shall be 65;
b
cannot be determined in accordance with sub-paragraph (4) from the rules of the qualifying pension scheme, that age shall be such age as the scheme manager shall determine having regard to the rules of that scheme and to such other information as he considers relevant.
.
3
In paragraph 2 —
a
in sub-paragraph (3)(c), omit “and increases in the annual rate of annuity in payment”; and
b
after sub-paragraph (4), add —
5
Where the scheme manager is satisfied that increases have been, are being, or will be made to the annual rate of annuity, and he considers that those increases are not reasonable, he may determine the annual rate of annuity on the basis of the sum which would discharge the liability of the scheme to the beneficiary and of such other matters as he considers relevant.
.
4
In paragraph 3 —
a
for sub-paragraph (1) substitute —
1
This paragraph applies to —
a
a member or former member of a qualifying scheme who —
i
is a qualifying member under regulation 15(1), and
ii
was entitled to present payment of a pension under the scheme rules on the crystallisation date; and
b
a person who is regarded as a qualifying member under regulation 15(5).
; and
b
for sub-paragraph (2) substitute —
2
The annual payment payable to a qualifying member to whom this paragraph applies shall be —
( expected   pension   x   0.8 )   −   actual pension .
.
5
In paragraph 4, for sub-paragraph (2) substitute —
2
The annual payment payable to a qualifying member to whom this paragraph applies shall be —
(expected pension x 0 .8) - actual pension .
.
6
In paragraph 5, for sub-paragraph (3) substitute —
3
Where the qualifying member dies before the date on which the liabilities of the scheme in respect of that member are discharged (whether by entry into an annuity contract or by other means), the annual payment payable to his survivor shall be —
(expected pension x 0 .8)
2
-  actual pension .
.
7
In paragraph 7 —
a
in sub-paragraph (1), omit from “(where the qualifying member is a Group 1 qualifying member” to “is a Group 3 qualifying member),”;
b
in sub-paragraph (2)(a), omit from “(where the qualifying member is a Group 1 qualifying member” to “is a Group 3 qualifying member”; and
c
for “£12,000”, in each place that it occurs, substitute “£26,000”.
8
Omit paragraph 8.
9
In paragraph 10 —
a
in sub-paragraph (a), in sub-paragraph (2)(a) of the substituted paragraph (2), for “no such communication” substitute “no such commutation”;
b
after sub-paragraph (b), insert —
ba
for “regulation 17”, in each place, substitute “regulation 18”;
;
c
omit sub-paragraphs (c) and (ca); and
d
for sub-paragraph (e) substitute —
e
in paragraph 5 —
i
for sub-paragraph (3) substitute —
3
The initial payment payable to a survivor of a qualifying member shall be —
(expected pension x 0 .8)
2
- interim pension payable to that survivor .
; and
ii
omit sub-paragraphs (2) and (6).
.
PART 3 Amendment of the FAS Information and Payments Regulations
Amendment of the FAS Information and Payments Regulations
8
1
The FAS Information and Payments Regulations are amended as follows.
2
In regulation 5 (method of providing information), after paragraph (1) insert —
1A
Where, under these Regulations, any information is to be provided to the scheme manager, that information shall be provided in such manner and form as the scheme manager may request.
.
3
In regulation 7 (recovery of overpayments) —
a
in paragraph (1) —
i
after “any payment made” insert “to any person,”; and
ii
for “ the beneficiary’s entitlement” substitute “ any entitlement,”; and
b
in paragraph (2) —
i
in sub-paragraph (a), after “the beneficiary” insert “(or other person to whom such a payment was made)”;
ii
in sub-paragraph (b), for “his” substitute “the beneficiary’s”; and
iii
in sub-paragraph (c), after “estate” insert “(or the estate of any other person to whom such a payment was made)”.
4
In regulation 8 (suspension of payments) —
a
in paragraph (1), for “beneficiary” substitute “person receiving payments”; and
b
in paragraph (2), for “the beneficiary’s” substitute “that person’s”.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
18th December 2007


text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Gambling Act 2005 (Club Gaming Permits) (Authorised Gaming) Regulations 2007 and shall come into force on 1st September 2007.
2
In these Regulations “ the Act ” means the Gambling Act 2005.
Games of chance authorised under a club gaming permit
2
1
For the purposes of section 271(3)(c) of the Act, the games of chance the provision of facilities for which is authorised by a club gaming permit are pontoon and chemin de fer.
2
The reference in paragraph (1) to the game of pontoon does not include a reference to the game of blackjack, or any other form of pontoon whose rules do not provide for the right to hold the bank to pass amongst players in certain events arising in the course of play.
Authorisation to charge participation fees
3
1
For the purposes of section 271(4)(a) of the Act, a participation fee may be charged in respect of any of the games of chance prescribed by regulation 2(1).
2
The maximum participation fee that a person may be charged in respect of entitlement to participate on any one day in any of the games prescribed by regulation 2(1) is £3 (exclusive of value added tax).
3
In this regulation, a reference to a day is a reference to a period of 24 hours beginning at midday.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
7th July 2007


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Business in the Regulated Sector) Order 2007 and comes into force on 1st November 2007.
Amendment of Schedule 3A to the Terrorism Act 2000
2
In the Terrorism Act 2000, in paragraph 1(2) in Part 1 of Schedule 3A (regulated sector and supervisory authorities), after paragraph (d), insert —
(da) operating a multilateral trading facility;
.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Provision of Information About Young Children) (England) Regulations 2007 and come into force on 30th March 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 2006 Act ” means the Childcare Act 2006;
“the Chief Inspector ” means, subject to paragraph (2), Her Majesty’s Chief Inspector of Education, Children’s Services and Skills ;
“local authority” has the same meaning as “English local authority” in section 106 of the 2006 Act;
“relevant school” means a school at which the child is a registered pupil .
2
At any time before 1st April 2007 “the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England.
3
For the purposes of these Regulations, “relevant nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 , which is provided to a pupil in a maintained school or a maintained nursery school.
Prescribed person under section 537A(2)(b) of the 1996 Act
4
The local authority in whose area relevant nursery education is provided is a prescribed person for the purposes of section 537A(2)(b) of the 1996 Act.
Prescribed person under section 99(2)(b) of the 2006 Act
5
The local authority in whose area funded nursery education is provided is a prescribed person for the purposes of section 99(2)(b) of the 2006 Act.
Provision of information by relevant nursery education provider to a relevant person under section 537A(1) of the 1996 Act
6
1
The information set out in Part 1 of the Schedule is prescribed for the purposes of section 537A(1) of the 1996 Act.
2
The governing body of a maintained school or a maintained nursery school providing relevant nursery education, when required to do so by the relevant person, must provide to that person the information set out in Part 1 of the Schedule.
Provision of information by funded nursery education provider to a relevant person under section 99(1) of the 2006 Act
7
1
The information set out in Parts 1 and 2 of the Schedule is prescribed information for the purposes of section 99(1) of the 2006 Act.
2
A person who provides funded nursery education as defined in the 2006 Act, when required to do so by the relevant person, must provide to that person each item of information set out in Part 1 or 2 of the Schedule that is requested.
3
When providing any item of information set out in the Schedule a person referred to in paragraph (2) must also provide —
a
the early years reference number allocated to the provider by the Department for Education and Skills;
b
the early years unique reference number or other identifier allocated to the provider by the Chief Inspector on registration; and
c
(if known) the local authority code allocated by the Department for Education and Skills to the local authority in whose area the funded nursery education is provided.
Prescribed persons under section 537A(3)(b) of the 1996 Act
8
The following are prescribed persons for the purposes of section 537A(3)(b) of the 1996 Act —
a
the Chief Inspector;
b
any local authority which makes a payment to the local authority prescribed in regulation 4 in respect of any pupil who is provided with relevant nursery education.
Prescribed persons under section 99(3)(b) of the 2006 Act
9
The following are prescribed persons for the purposes of section 99(3)(b) of the 2006 Act —
a
the Chief Inspector;
b
the local authority providing financial assistance in respect of the funded nursery education, if different from the local authority prescribed at regulation 5;
c
the proprietor of a relevant school.
Prescribed persons under section 537A(4)(b) of the 1996 Act and section 99(4)(b) of the 2006 Act
10
The following are prescribed persons for the purposes of section 537A(4)(b) of the 1996 Act and section 99(4)(b) of the 2006 Act —
a
the Chief Inspector;
b
the Qualifications and Curriculum Authority .
Prescribed persons under section 537A(6)(c) of the 1996 Act
11
Any local authority which makes a payment to the local authority prescribed in regulation 4 in respect of any pupil who is provided with relevant nursery education, is prescribed for the purposes of section 537A(6)(c) of the 1996 Act.
Prescribed persons under section 99(6)(c) of the 2006 Act
12
The following are prescribed persons under section 99(6)(c) of the 2006 Act —
a
the local authority providing financial assistance in respect of the funded nursery education, if different from the local authority prescribed in regulation 5;
b
the proprietor of a relevant school.
Prescribed categories of persons under section 537A(4)(c) of the 1996 Act and section 99(4)(c) of the 2006 Act
13
Persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose are prescribed for the purposes of section 537A(4)(c) of the 1996 Act.
14
Persons conducting research into the educational achievements of children and who require individual child information for that purpose are prescribed for the purposes of section 99(4)(c) of the 2006 Act.
Beverley Hughes
Minister of State
Department for Education and Skills
6th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Commons Registration (General) (Amendment) (England) (Revocation) Regulations 2007 and shall come into force on 31st May 2007.
2
These Regulations apply in relation to England only.
Revocation
2
The Commons Registration (General) (Amendment) (England) Regulations 2007 are revoked.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
27th May 2007


text:
Citation and commencement
1
This Order may be cited as the Independent Living Fund (2006) Order 2007 and shall come into force on 1st October 2007.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In Regulation 2(1) (interpretation) —
a
before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
;
b
in the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
3
In Schedule 10 (capital to be disregarded), in paragraph 29 for “the Fund or the Independent Living (1993) Fund” substitute “the Fund, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
3
1
The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) , before the definition of “Independent Living (1993) Fund” insert the following definition —
“Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In Schedule 4 (cases where child support maintenance is not to be payable), in paragraph (c) for “the Independent Living (1993) Fund or the Independent Living (Extension) Fund” substitute “the Independent Living (1993) Fund, the Independent Living (Extension) Fund or the Independent Living Fund (2006)”.
Amendment of the Jobseeker’s Allowance Regulations 1996
4
1
Regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations 1996 is amended as follows.
2
Before the definition of “the Independent Living (1993) Fund” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
Amendment of the Housing Renewal Grants Regulations 1996
5
1
The Housing Renewal Grants Regulations 1996 are amended as follows.
2
In Regulation 2(1) (interpretation) —
a
before the definition of “the Independent Living (1993) Fund” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
;
b
in the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
3
In Schedule 4 (capital to be disregarded), in paragraph 32 for “the Fund, or the Independent Living (1993) Fund” substitute “the Fund, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.
Amendment of the State Pension Credit Regulations 2002
6
1
Regulation 1(2) (citation, commencement and interpretation) of the State Pension Credit Regulations 2002 is amended as follows.
2
Before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
7
1
Regulation 2(2) (interpretation) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 is amended as follows.
2
Before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
Amendment of the Housing Benefit Regulations 2006
8
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
;
b
in the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
3
In Schedule 6 (capital to be disregarded), in paragraph 34 for “the Fund, or the Independent Living (1993) Fund” substitute “the Fund, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9
1
Regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 is amended as follows.
2
Before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
Amendment of the Council Tax Benefit Regulations 2006
10
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
;
b
in the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
3
In Schedule 5 (capital to be disregarded), in paragraph 34 for “the Fund or the Independent Living (1993) Fund” substitute “the Fund, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
11
1
Regulation 2(1) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 is amended as follows.
2
Before the definition of “the Independent Living Funds” insert the following definition —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
.
3
In the definition of “the Independent Living Funds” for “the Independent Living (Extension) Fund and the Independent Living (1993) Fund” substitute “the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.
Signed by authority of the Secretary of State for Work and Pensions.
Anne McGuire,
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th August 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations “the principal Regulations ” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .
Amendment of the principal Regulations
2
In the following provisions of the principal Regulations, for the sum of “£14,155” substitute “£14,495” —
a
regulation 3(3)(a)(iii), (d)(iii) and (e) (entitlement to benefit); and
b
paragraph 4(1)(a)(iii) of Schedule 2 (application for benefit).
Caroline Flint
Minister of State,
Department of Health
20 February 2007