text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Primary Ophthalmic Services Transitional Provisions Regulations 2008 and shall come into force on 3rd June 2008.
2
These Regulations apply in relation to England.
3
In these Regulations —
“the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 ;
“the Amending Regulations ” means the National Health Service (Performers Lists) Amendment and Transitional Provisions Regulations 2008 ; and
“the Contracts Regulations ” means the General Ophthalmic Services Contract Regulations 2008 .
Entering into POS contracts before 1st August 2008
2
1
A Primary Care Trust and a person proposing to be a contractor may enter into a contract before 1st August 2008 as though the Contracts Regulations were in force.
2
If, in the course of negotiations intending to lead to a contract, the prospective contracting parties are unable, prior to 1st August 2008, to agree on a particular term of the contract that matter may be resolved as though the Contracts Regulations were in force.
3
Terms used in this regulation and in the Contracts Regulations shall have the same meaning in this regulation as they do in the Contracts Regulations.
Ophthalmic performers lists before 1st August 2008
3
1
Primary Care Trusts shall prepare ophthalmic performers lists before 1st August 2008 as though the Amending Regulations were in force.
2
An optometrist or OMP, who is included in an ophthalmic list or an ophthalmic supplementary list before 1st August 2008 and wishes to be included in an ophthalmic performers list, shall comply with the Schedule to the Amending Regulations as though they were in force.
3
No list prepared in accordance with the provisions of this regulation shall have effect before 1st August 2008.
4
Terms used in this regulation and in the Amending Regulations shall have the same meaning in this regulation as they do in the Amending Regulations.
Entitlement to Contract
4
1
Subject to paragraphs (2) and (3), any person whose name is included in the ophthalmic list of a Primary Care Trust, who notifies that Primary Care Trust by 1st July 2008, that he wishes to enter into a contract with it shall be entitled to a contract, subject to the resolution of any dispute about the terms of that contract pursuant to regulation 2(2).
2
Paragraph (1) shall not apply to any person —
a
to whom paragraphs 4(1B) to (1D) or 6ZA of Schedule 1 to the 1986 Regulations apply;
b
who is suspended from that list;
c
who had been contingently removed from that list or whose inclusion in it was subject to a condition;
d
who is subject to any inquiry or investigation as to his suitability for inclusion in that list or in the register; or
e
who was included in that list in error.
3
Where paragraph (1), but nor paragraph (2), applies to a person, the provisions inserted in the contract about the practise premises and normal hours to be provided by that person under the contract shall be those included in that ophthalmic list in relation to that person under regulation 6(3)(b) and (c) of the 1986 Regulations .
4
Terms used in this regulation and in the 1986 Regulations or the Contract Regulations shall have the same meaning in this regulation as they do in the 1986 Regulations or the Contract Regulations, as the case may be.
Signed by authority for the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th April 2008


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Charges for Residues Surveillance (Amendment) Regulations 2008, extend to Great Britain and come into force on 12th December 2008.
Amendment of the Charges for Residues Surveillance Regulations 2006
2
1
The Charges for Residues Surveillance Regulations 2006 are amended in accordance with this regulation.
2
In regulation 2, for the definition of fish substitute ““fish” means any farmed fish;”.
3
In Schedule 1, for the table, substitute the table in the Schedule to these Regulations.
Revocation
3
The Charges for Residues Surveillance (Amendment) Regulations 2007 are revoked.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
15th November 2008


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Transfer of Tribunal Functions Order 2008 and comes into force on 3rd November 2008.
2
A reference in this Order to a Schedule by a number alone is a reference to the Schedule so numbered in this Order.
3
Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.
4
Except as provided by paragraph (5) or (6), an amendment, repeal or revocation of any enactment by any provision of Schedule 3 extends to the part or parts of the United Kingdom to which the enactment extends.
5
For the purposes of article 3(3)(a) and (b) the following amendments, repeals and revocations made by the provisions of that Schedule do not extend to Scotland —
a
paragraphs 145 to 147;
b
paragraph 150;
c
paragraph 151(d);
d
paragraph 152;
e
paragraph 154;
f
paragraphs 167 to 173; and
g
paragraph 228(h), (l), (n) and (r).
6
The amendments and repeals made by paragraphs 198 to 201 of Schedule 3 do not extend to Scotland.
Additions to the list of tribunals in Schedule 6
2
In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entries at the appropriate places —
“Claims Management Services Tribunal Section 12 of the Compensation Act 2006 (c.29) ” “Gender Recognition Panel Section 1(3) of the Gender Recognition Act 2004 (c.7) ” “Tribunal Section 704 of the Income Tax Act 2007 (c.3) ”
Transfer of functions of certain tribunals
3
1
Subject to paragraph (3), the functions of the tribunals listed in Table 1 of Schedule 1 are transferred to the First-tier Tribunal.
2
Subject to paragraph (3), the functions of the tribunals listed in Table 2 of Schedule 1 are transferred to the Upper Tribunal.
3
The following functions are not transferred —
a
the determination by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 of an appeal which is referred to such tribunal by the Scottish Ministers, or the Secretary of State on their behalf, pursuant to section 158 (appeal tribunals) of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”); and
b
the determination by a Social Security Commissioner of an appeal made under section 159 (appeal to social security commissioner) of the 2003 Act against a decision falling within sub-paragraph (a).
Abolition of tribunals transferred under section 30(1)
4
The tribunals listed in Table 1 and Table 2 of Schedule 1 are abolished except for —
a
appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 in respect of Scotland for the purposes of the function described in article 3(3)(a); and
b
the Social Security Commissioners in respect of Scotland for the purposes of the function described in article 3(3)(b).
Transfer of persons into the First-tier Tribunal and the Upper Tribunal
5
1
A person holding an office listed in a table in Schedule 2 who was, was a member of, or was an authorised decision-maker for, a tribunal listed in the corresponding table in Schedule 1 immediately before the functions of that tribunal were transferred under article 3 shall hold the corresponding office or offices.
2
In paragraph (1) “corresponding” means appearing in the corresponding entry in the table below.
Table in Schedule 1 Table in Schedule 2 Office or offices
Table 1 Table 1 Transferred-in judge of the First-tier Tribunal Table 1 Table 2 Transferred-in other member of the First-tier Tribunal Table 1 Table 3 Transferred in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal Table 2 Table 4 Transferred-in judge of the Upper Tribunal Table 1 or 2 Table 5 Transferred-in other member of the Upper Tribunal
Appeal to Upper Tribunal from tribunals in Wales
6
1
An appeal against a decision of a tribunal listed in paragraph (2) lies to the Upper Tribunal.
2
The tribunals referred to in paragraph (1) are —
a
the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 ; and
b
the Special Educational Needs Tribunal for Wales established under section 336ZA of the Education Act 1996 .
Appeal to Upper Tribunal from tribunals in Scotland
7
An appeal against a decision of the Pensions Appeal Tribunal in Scotland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.
Appeal to Upper Tribunal from tribunals in Northern Ireland
8
An appeal against a decision of the Pensions Appeal Tribunal in Northern Ireland under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) lies to the Upper Tribunal.
Minor, consequential and transitional provisions
9
1
Schedule 3 contains minor, consequential and supplemental amendments, and repeals and revocations as a consequence of those amendments.
2
Schedule 4 contains transitional provisions.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
29th October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008.
2
These Regulations shall come into force on 3rd November 2008 immediately after the coming into force of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 .
3
These Regulations apply to England only.
Amendment of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
2
1
The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 are amended as follows.
2
In regulation 17 (assignment of responsibility for community patients) —
a
in paragraph (3) —
i
in sub-paragraph (a), omit “Part 1 of”;
ii
in sub-paragraph (b), for “transfer” (twice) substitute “assignment”;
iii
in sub-paragraph (c), for “transfer” substitute “assignment”;
b
in paragraph (5), for “transfer” substitute “assignment”.
3
In regulation 26 (provision of information) —
a
in paragraph (1)(l), before “to discharge” insert “not”;
b
in paragraph (6), after “paragraph (1)” insert “ or (3)”.
4
In Schedule 1 (forms for use in connection with compulsory admission to hospital, guardianship and treatment) —
a
in Form A7, after “I [PRINT name and address of second practitioner]” insert “last examined this patient on [date].”;
b
in Form A9, after “I last saw the patient on [date]” insert “at [time]”;
c
in Form H2 —
i
for “(who is not a registered practitioner)” substitute “(who is not a registered medical practitioner)”, and
ii
in paragraph (d), for “mental health nursing” substitute “learning disabilities nursing”;
d
in Form CTO8, for “ Complete the following only if the authority for detention is due to expire within that period of two months .” substitute “ Complete the following only if the community treatment order is due to expire within that period of two months .”;
e
in Form CTO11, omit “ (To be completed on behalf of the responsible hospital) ”.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
30th September 2008


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
3
These Regulations shall come into force for the purposes of regulation 4(7) on 2nd January 2013, and for all other purposes on 10th December 2008.
Amendment of the definition of “the Framework Directive”
2
In regulation 3(1) of the principal Regulations, for the definition of “the Framework Directive”, substitute —
“the Framework Directive” means Council Directive 70/156/ EEC , dated 6th February 1970 , as amended, extended, applied or modified by instruments up to Regulation (EC) No 715/2007 of the European Parliament and of the Council dated 20th June 2007 ;
.
Amendments to reflect the introduction of separate Community Regulations
3
1
The principal Regulations are amended as follows.
2
In regulation 3(1), for the definition of “separate Directive”, substitute —
“separate Community instrument” means a Community instrument specified in the second column of an item in Schedule 1 as read with the Community instruments (if any) specified in the third column of that item.
.
3
For the note at the bottom of the table in Schedule 1, substitute “Note: The Community instruments marked with a * were made by the Commission, while those with a † were made by the European Parliament and the Council. The other instruments were made by the Council.”.
4
In the following provisions, namely —
a
the definition of “EC type approval” in regulation 3(1),
b
regulations 4(6), 7 and 12(1)(b), and
c
paragraph 1(3)(b) of Schedule 2,
for the words “separate Directive”, substitute “separate Community instrument”.
5
In the following provisions, namely —
a
regulation 4(10),
b
the title of Schedule 1, and
c
paragraph 3(3)(b) of Schedule 2,
for the words “separate Directives”, substitute “separate Community instruments”.
6
In the following provisions, namely —
a
regulation 5(2)(c) , and
b
the headings of columns (2) and (3) in the table in Schedule 1,
for “Directives”, substitute “Community instruments”.
Amendment of Schedule 1 (separate Directives)
4
1
The table in Schedule 1 to the principal Regulations is amended as follows.
2
In item 1 (sound levels), in the third and fourth columns, after the last entry, add —
2007/34/EC* L155, 15.6.2007, p.49
.
3
After item 2, insert the following item —
2A Regulation (EC) No 715/2007 † L171, 29.6.2007, p.1 Emissions/Access to information
.
4
In item 20 (installation of lighting and light signalling devices), in the third and fourth columns, after the last entry, add —
2007/35/EC* L157, 19.6.2007, p.14
.
5
In item 41, in the third and fourth columns, after the last entry, add —
Regulation (EC) No 715/2007 † L171, 29.6.2007, p.1
.
6
In item 61 (air-conditioning system), in the third and fourth columns, after the last entry, add —
Regulation (EC) No 706/2007 * L161, 22.6.2007, p.33
.
7
Items 2, 11 and 39 are omitted, and item 2A is renumbered 2.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
31st October 2008


text:
Citation, extent and commencement
1
This Order —
a
may be cited as the Financial Assistance for Environmental Purposes (England and Wales) Order 2008;
b
extends to England and Wales only; and
c
shall come into force on 23rd January 2009.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) after paragraph (xx), insert —
yy
the Zero Carbon Hub Limited.
.
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
17th December 2008


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No.3) Order 2008 and comes into force on 10th July 2008.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The person named in the Schedule to this Order is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
This Order, which applies to England only, may be cited as the Council Tax (Electronic Communications) (England) Order 2008 and shall come into force on 1st April 2008.
Service of notices
2
1
Regulation 35 of the Council Tax (Alteration of Lists and Appeals) Regulations 1993 (service of notices) shall be amended in relation to England in accordance with the following paragraphs.
2
At the end of paragraph (1), add —
; or
d
by sending it by electronic communication to a relevant electronic address.
.
3
In paragraph (4), for sub-paragraph (b) substitute —
b
i
delivering it, or sending it by first class or second class post, to the listing officer’s office; or
ii
sending it by electronic communication to a relevant electronic address.
.
4
After paragraph (4), insert —
4A
A person who has notified a relevant electronic address for the purpose of paragraph (1)(d) or (4)(b)(ii) —
a
shall notify any change of that address; and
b
may withdraw the notification of that address,
by serving a written notice on the relevant sender; and the change of address or the withdrawal, as the case may be, shall take effect on the third business day after the day on which the notice is received by the relevant sender.
.
5
In paragraph (6) —
a
before the definition of “bank holiday”, insert —
“address” in relation to an electronic communication includes any number or address used for the purposes of such communication;
; and
b
after the definition of “business day”, insert —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003 (meaning of electronic communications networks and services) ; or
by other means but while in an electronic form; and
“relevant electronic address” means an address which is notified —
to the person serving a notice (“the relevant sender”);
by —
the person on whom the notice is to be served (“the recipient”); or
any other person authorised by the recipient to notify the relevant sender of the address; and
for the purpose of enabling the notice to be sent by electronic communication.
.
6
At the end of paragraph (7), add —
; and
d
a notice served by the means described in paragraph (1)(d) or (4)(b)(ii) shall —
i
if sent by facsimile transmission on a business day before 4 p.m., be treated as served on that day;
ii
if sent by facsimile transmission in any other case, be treated as served on the next business day after the day on which it was sent; and
iii
in any other case, be treated as served on the second business day after the day on which it was sent.
.
7
After paragraph (7), add —
8
In these Regulations, any reference to a written notice includes a reference to a notice in electronic form.
.
Signed by authority of the Secretary of State
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
12th February 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the 3400–3800 MHz Frequency Band (Management) Regulations 2008 and shall come into force on 20th November 2008.
2
In these Regulations —
the “Commission Decision” means the Commission Decision 2008/411/ EC of 21st May 2008 on the harmonisation of the 3400–3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community ; and
“ OFCOM ” means the Office of Communications as established by the Office of Communications Act 2002 .
The 3400 – 3800 MHz frequency band
3
1
OFCOM shall carry out their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the Commission Decision.
2
OFCOM shall, in particular, without prejudice to the protection and continued operation of other existing use of the 3400–3800 MHz frequency band —
a
by 21st November 2008, designate and make available the 3400–3600 MHz band for use by terrestrial electronic communications networks on a non-exclusive basis, in accordance with the parameters set out in the Annex to the Commission Decision;
b
designate by 1st January 2012 and subsequently make available the 3600–3800 MHz band for use by terrestrial electronic communications networks on a non-exclusive basis, in accordance with the parameters set out in the Annex to the Commission Decision; and
c
ensure that the networks referred to in sub-paragraphs (a) and (b) above give appropriate protection to systems in adjacent frequency bands.
Stephen Carter
Minister for Communications Technology and Broadcasting
Department for Business, Enterprise and Regulatory Reform
27th October 2008


text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 and comes into force on 28th April 2008.
Extent and application
2
1
This Order extends to England and Wales.
2
This Order applies —
a
in England and Wales;
b
in relation to English fishing boats and Welsh fishing boats wherever they are; and
c
in relation to other fishing boats within British fishery limits except where they are in —
i
the Scottish zone (as defined in section 126(1) of the Scotland Act 1998 );
ii
the Northern Ireland zone (as defined in section 98 of the Northern Ireland Act 1998 ); or
iii
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.
Interpretation
3
1
In this Order —
“authorised officer” means a person —
who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer, or
who has been appointed a fishery officer under section 10 of the Sea Fisheries Regulation Act 1966 ;
“penalty” means the amount specified in a penalty notice;
“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with this Order, to discharge any liability to be convicted of the penalty offence to which the notice relates;
“penalty offence” means an offence (other than one involving assault, obstruction, or failure to comply with a requirement imposed by a person) under —
section 30(1)(a) of the Fisheries Act 1981 (offences relating to enforceable Community restrictions relating to sea fishing);
an order made under section 30(2) of that Act (provisions for the enforcement of any enforceable Community restriction or other obligation relating to sea fishing);
the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 ;
the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006 ; or
the Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005 ;
“Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006 .
2
In this Order, a fishing boat is —
a
an English one if it is —
i
registered, with its specified port being in England, or
ii
owned wholly by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995 , other than a Northern Ireland, Scottish or Welsh fishing boat within the meaning of this paragraph,
b
a Northern Ireland one if it is registered, with its specified port being in Northern Ireland,
c
a Scottish one if it is registered, with its specified port being in Scotland,
d
a Welsh one if it is registered, with its specified port being in Wales,
and in this paragraph “registered” means registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and “specified port” means the port specified in the entry in that register as the one to which the boat is to be treated as belonging.
Issue of penalty notice for penalty offence
4
1
An authorised officer who has reason to believe that a person has committed a penalty offence may issue that person with a penalty notice for an amount not exceeding £4000.
2
A penalty notice is issued at the time when it is sent by post or delivered by hand to the person to whom it relates.
Restriction on proceedings for penalty offence
5
1
Where a person is issued with a penalty notice —
a
no proceedings may be brought against that person for the penalty offence to which that notice relates before the end of the period of 28 days beginning with the date on which the notice was issued, and
b
that person may not be convicted of the offence if the penalty is paid before the end of that period.
2
Paragraph (1) —
a
is subject to article 10, and
b
does not apply if the penalty notice is withdrawn in accordance with article 9.
Payment of penalty
6
1
Payment of a penalty must be made to the person specified in the penalty notice by sending it by post or by such method as may be specified in the notice.
2
It may not be made in cash.
Payment of one penalty treated as payment of connected penalties
7
1
Where a person (“A”) pays the penalty in accordance with article 6, an authorised officer must give a notice (a “notice of deemed payment”) to all other persons who have been issued with a connected penalty notice.
2
A penalty notice is a “connected penalty notice” if the penalty offence to which that notice relates is the same as, and arises out of the same set of circumstances as, the penalty offence to which a penalty notice issued to another person relates.
3
A notice of deemed payment must —
a
be sent by post or delivered by hand;
b
indicate that A has paid the penalty for A’s connected penalty notice;
c
indicate that the penalty notice issued to the recipient of the notice of deemed payment will be treated as having been paid unless that person gives written notice indicating that it should not be so treated (a “notice of objection”); and
d
state the name and address of the person to whom any notice of objection must be given.
4
A notice of objection must be sent by post or delivered by hand to the person stated in paragraph (3)(d) within —
a
28 days beginning with the date on which the penalty notice was issued, or
b
if later, five days beginning with the date on which the notice of deemed payment was given.
5
If no notice of objection is given in accordance with this article, the penalty notice issued to a person who has been given a notice of deemed payment is to be treated as having been paid.
Certificate of payment or non-payment of penalty notice
8
1
In any proceedings a certificate purporting to be signed by or on behalf of the Secretary of State stating that payment in respect of a penalty notice was or was not received on or before a date specified in the certificate is evidence of the facts stated.
2
In relation to Wales, that certificate may purport to be signed by or on behalf of the Welsh Ministers instead.
Withdrawal of penalty notices
9
1
A penalty notice may be withdrawn by an authorised officer who has reason to believe that it ought not to have been issued (whether to the person named in the penalty notice or otherwise).
2
A penalty notice may be withdrawn before or after payment of the penalty.
3
If a penalty notice is withdrawn any penalty paid must be repaid.
Commencement of proceedings after payment of penalty in relation to fishing boats from outside the United Kingdom
10
1
This article applies in relation to a penalty notice issued to the master, owner or charterer of a fishing boat other than an English, Northern Ireland, Scottish or Welsh fishing boat.
2
Where a person in receipt of a penalty notice has paid the penalty, that person may give written notice requesting that proceedings be brought for the penalty offence to which the penalty notice relates.
3
Such notice must —
a
indicate that the person giving the notice wishes proceedings to be brought for the penalty offence to which the penalty notice relates, and
b
be given no later than the end of the period of 28 days beginning with the date on which the penalty notice was issued.
4
Where a person has given such notice, proceedings may be brought against that person.
5
Where the proceedings are discontinued or the person is acquitted of the offence, the penalty notice is to be treated as never having been issued and any penalty paid must be repaid.
6
Where the person is convicted of the offence, the penalty notice is to be treated as never having been issued and paragraph (7) or (8) applies, as appropriate.
7
If a fine is imposed on the person in respect of the penalty offence an authorised officer must —
a
apply so much of the penalty as does not exceed the amount of the fine in or towards payment of the fine, and
b
repay any amount of the penalty in excess of the amount of the fine.
8
If no fine is imposed on the person in respect of the penalty offence any penalty paid must be repaid.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th March 2008
Shaun Woodward
Secretary of State for Northern Ireland
Northern Ireland Office
3rd April 2008


text:
Citation and commencement
1
1
This Order may be cited as the Armed Forces (Service Complaints) (Consequential Amendments) Order 2008.
2
This Order shall come into force on the day after the day on which it is made.
Amendment of Regulations
2
1
Regulation 38 of the Working Time Regulations 1998 shall be amended as follows.
2
For paragraph (3) substitute —
3
For the purpose of paragraph (2)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures —
a
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made;
b
in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.
3
In paragraph (5) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
3
1
Regulation 13 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 shall be amended as follows.
2
For paragraph (4) substitute —
4
For the purpose of paragraph (3)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures —
a
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made;
b
in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.
3
In paragraph (6) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
4
1
Regulation 36 of the Employment Equality (Religion or Belief) Regulations 2003 shall be amended as follows.
2
For paragraph (9) substitute —
9
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures —
a
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made;
b
in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.
3
In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
5
1
Regulation 36 of the Employment Equality (Sexual Orientation) Regulations 2003 shall be amended as follows.
2
For paragraph (9) substitute —
9
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures —
a
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made;
b
in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.
3
In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th June 2008


text:
1
This Order may be cited as the M1 Motorway (Junction 13 and Connecting Roads) Order 2008 and shall come into force on 31st July 2008.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway:
2
i
“the connecting roads” mean the special roads (slip roads) along a route described in Schedule 1 to this Order; and
ii
“the plan” means the plan numbered HA 18/MP/010, marked “The M1 Motorway (Junction 13 and Connecting Roads) Order 2008”, signed by authority of the Secretary of State for Transport and deposited at DCLG Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The Secretary of State is authorised to provide the connecting roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the connecting roads is indicated by a heavy black line on the plan.
5
Each of the connecting roads shall become a trunk road on the date when this Order comes into force.
Signed by authority of the Secretary of State for Transport
Jon Griffiths
Divisional Director
Highways Agency
29th July 2008


text:
Title and commencement
1
These Regulations —
a
may be cited as the Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2008; and
b
come into force on 1st April 2008.
Amendments
2
1
For regulation 2 of the Dairy Produce Quotas (General Provisions) Regulations 2002 , substitute —
2
1
In these Regulations —
“apparatus” means any drum, barrel, tank, pump, hose or any other item adapted or used for the purpose of producing or transporting milk or milk products;
“authorised officer” means a person (whether or not an officer of the relevant competent authority) who is authorised by the relevant competent authority, either generally or specifically for the purpose of these Regulations, to act under these Regulations;
“the Commission Regulation” means Commission Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector;
“the Community legislation” means the Commission Regulation and —
Article 55(1)(a),
Article 55(2), in so far as it relates to milk and other milk products, and
the provisions of, or referred to in, Section III of Chapter III of Part II,
of the Council Regulation;
“the competent authority” means —
in England, the Secretary of State for Environment, Food and Rural Affairs,
in Wales, the Welsh Ministers,
in Scotland, the Scottish Ministers, and
in Northern Ireland, the Department of Agriculture and Rural Development;
“the Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);
“dairy produce” means produce, expressed in kilograms or litres (one kilogram being 0.971 litres), in respect of which levy is payable;
“delivery” has the same meaning as in Article 65(f) of the Council Regulation, and “deliver” shall be construed accordingly;
“direct sale” has the same meaning as in Article 65(g) of the Council Regulation;
“direct sales quota” means the quantity of dairy produce which may be sold or transferred free of charge by direct sale by a producer in a quota year without that producer being liable to pay levy;
“holding” has the same meaning as in Article 65(d) of the Council Regulation;
“levy” means the surplus levy payable under the Community legislation;
“milk” has the same meaning as in Article 65(a) of the Council Regulation;
“premises” includes any vehicle;
“producer” has the same meaning as in Article 65(c) of the Council Regulation;
“purchaser” means a purchaser within the meaning of Article 65(e) of the Council Regulation;
“quota” means direct sales quota or wholesale quota, as the case may be;
“quota year” means any of the periods of 12 months referred to in Article 66(1) of the Council Regulation;
“relevant date”, in relation to a producer, purchaser or any other person, and for the purposes of any given quota year, means the beginning of that quota year;
“relevant offence” means an offence relating to —
any failure to comply with a requirement imposed by, or in implementation of, the Community legislation,
the making of any statement or use of any document which is false in a material particular, or
any disposal of incorrectly registered quota;
“relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser, but does not include a consumer of milk or milk products;
“relevant proceedings” means any criminal proceedings relating to a relevant offence;
“territory” means England, Wales, Scotland or Northern Ireland, as the case may be; and
“wholesale quota” means the quantity of milk which may be delivered to a purchaser by a producer in a quota year without that producer being liable to pay levy.
2
References in these Regulations to —
a
Article 55(1)(a);
b
Article 55(2), in so far as it relates to milk and other milk products; and
c
the provisions of, or referred to in, Section III of Chapter III of Part II,
of the Council Regulation, and to the Commission Regulation, are references to those Articles and provisions and to the Commission Regulation as amended from time to time.
.
2
In regulation 4, after “national reserve” insert “, set up pursuant to Article 71 of the Council Regulation,”.
Consequential revocation and amendment
3
1
The Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2005 are revoked.
2
In regulation 3 of the Dairy Produce (Miscellaneous Provisions) Regulations 2007 , omit paragraph (2).
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
20th February 2008


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2008 and shall come into force on 7th April 2008.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and a reference to a numbered article, table or Schedule, is a reference to the article, table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
29th February 2008
We approve
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2008


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2008 and comes into force on 7th April 2008.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2008.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pensions Increase (Review) Order 2001 , the Pensions Increase (Review) Order 2002 , the Pensions Increase (Review) Order 2003 , the Pensions Increase (Review) Order 2004 , the Pensions Increase (Review) Order 2005) the Pensions Increase (Review)Order 2006 and the Pensions Increase ( Review) Order 2007 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act .
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
1
The pension authority may, if any of the conditions in paragraph (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 7th April 2008 as follows —
a
a pension beginning before 9th April 2007 may be increased by 3.9 per cent of the basic rate (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders);
b
a pension beginning on or after 9th April 2007 and before 7th April 2008 may be increased by 3.9 per cent multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date of the pension and 7th April 2008; and
B is 12.
2
Those conditions are —
a
a qualifying condition is satisfied;
b
the official pension is —
i
a derivative pension;
ii
a substituted pension; or
iii
a relevant injury pension.
Increases in certain lump sums
4
1
This article applies to any lump sum or instalment of a lump sum which became payable on or after 9th April 2007 but before 7th April 2008.
2
The pension authority may increase a lump sum or instalment of a lump sum to which this article applies by 3.9 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders) multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 9th April 2007 and the date on which it became payable; and
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 7th April 2008; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 2008 and shall come into force on 29th December 2008.
2
In these Regulations, the “ 1994 Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Amendment of regulation 1 of the 1994 Regulations
2
In regulation 1 of the 1994 Regulations (citation, commencement and interpretation), in paragraph (2) —
a
in the definition of “the Clinical Trials Directive”, after “human use” insert “as amended by the Paediatric Regulation”;
b
in the definition of “the 2001 Directive”, for “and Directive 2004/27/ EC ” substitute “, Directive 2004/27/EC and the Paediatric Regulation”;
c
after the definition of “national homoeopathic product”, insert the following definition —
“the Paediatric Regulation” means Regulation (EC) No 1901/2006 of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation ( EEC ) No 1768/92 , Directive 2001/20/EC , Directive 2001/83/EC and Regulation (EC) No 726/2004 , as amended by Regulation (EC) No 1902/2006 of the European Parliament and of the Council amending Regulation 1901/2006 on medicinal products for paediatric use ;
;
d
in the definition of “Regulation (EC) No 726/2004 ”, after “European Medicines Agency” insert “, as amended by the Paediatric Regulation”; and
e
in the definition of “the relevant Community provisions” —
i
omit “and”, and
ii
after “Regulation (EC) No 726/2004 ;” insert —
and
the Paediatric Regulation;.
.
Amendment of Schedule 3 to the 1994 Regulations
3
1
Schedule 3 to the 1994 Regulations (offences, penalties etc ) shall be amended as follows.
2
In paragraph 6 —
a
in sub-paragraph (cc), in paragraph (i) and (ii), after “Directive” (in each place that it occurs) insert “as read in accordance with paragraph 6AA”;
b
at the end of sub-paragraph (e), insert “or”; and
c
after sub-paragraph (e), insert the following sub-paragraph —
f
submit an annual report to the EMEA as required by Article 34(4) of the Paediatric Regulation,
.
3
After paragraph 6, insert the following paragraph —
6AA
The information that must be provided as specified in paragraph 6(cc)(i) and (ii) includes information arising from use of the product —
a
in a country which is not an EEA State;
b
outside the terms of the marketing authorization,
including use in clinical trials as defined in Article 2(a) of the Clinical Trials Directive.
.
4
After paragraph 6B, insert the following paragraphs —
6BA
Where the holder of a United Kingdom marketing authorization (“H”) has benefited from rewards or incentives under Article 36, 37 or 38 of the Paediatric Regulation in relation to the product to which the authorization relates and the periods of protection provided pursuant to those Articles have expired in relation to H, H shall be guilty of an offence if H discontinues the placing of that product on the market without previously, in compliance with Article 35 of the Paediatric Regulation —
a
transferring the marketing authorization of that product to another person who has declared his intention to continue to place that product on the market, or
b
allowing use by such a person of the pharmaceutical, pre-clinical and clinical documentation contained in the file on that product on the basis of Article 10c of the 2001 Directive.
6BB
Where the holder of a United Kingdom marketing authorization (“H”) has benefited from rewards or incentives under Articles 36, 37 or 38 of the Paediatric Regulation in relation to the product to which the authorization relates, and the periods of protection provided pursuant to those Articles have expired in relation to H, H shall be guilty of an offence if H discontinues the placing of that product on the market without informing the EMEA in compliance with Article 35 of the Paediatric Regulation, at least 6 months before the discontinuation, of H’s intention to discontinue the placing of the product on the market.
.
5
After paragraph 6F, insert the following paragraph —
6G
Any person who —
a
is the holder of a United Kingdom marketing authorization;
b
obtains a paediatric indication in respect of the product to which the marketing authorization relates following completion of an agreed paediatric investigation plan;
c
has marketed that product for other indications prior to obtaining that paediatric indication; and
d
fails to place the product on the market taking account of the paediatric indication within two years of the date on which the paediatric indication is authorised as required by Article 33 of the Paediatric Regulation,
shall be guilty of an offence.
.
6
For sub-paragraph (d) of paragraph 10 substitute —
d
provide as soon as is reasonably practicable to the licensing authority any other information relevant to the evaluation of the benefits and risks afforded by a medicinal product, including appropriate information arising from use of the product —
i
in post authorization safety studies;
ii
in a country which is not an EEA State;
iii
outside the terms of the marketing authorization, including use in clinical trials as defined in Article 2(a) of the Clinical Trials Directive.
.
7
In paragraph 11, for “or of Schedule 5 or 5A to these Regulations,” substitute “, Schedule 5 or 5A to these Regulations or Article 28 or 32 of the Paediatric Regulation,”.
8
In paragraph 12, for “or Schedule 5 or 5A to these Regulations,” substitute “, Schedule 5 or 5A to these Regulations or Article 28 or 32 of the Paediatric Regulation,”.
9
After paragraph 13A, insert the following paragraph —
13B
1
Any person established in the United Kingdom to whom a decision by the EMEA in respect of a paediatric investigation plan is addressed shall be guilty of an offence if the plan relates to a product which does not have a Community marketing authorization and the person fails to —
a
enter into the database referred to in Article 11 of the Clinical Trials Directive within a period of six months beginning with the date that the decision was received, the details set out in that Article in relation to clinical trials referred to in the paediatric investigation plan and carried out in third countries as required by Article 41(1) of the Paediatric Regulation; or
b
submit the results of those clinical trials to the EMEA within a period of six months beginning with the date that the trial ended as required by Article 41(2) of the Paediatric Regulation.
2
Where the holder of a United Kingdom marketing authorization (“H”) instigates or conducts a paediatric clinical trial in the United Kingdom in respect of the product to which the authorization relates and the trial is not included in a paediatric investigation plan, H shall be guilty of an offence if H fails to submit the results of that trial to the EMEA within a period of six months beginning with the date that the trial ended, as required by Article 41(2) of the Paediatric Regulation.
3
Where the holder of a United Kingdom marketing authorization (“H”) has instigated or conducted a paediatric clinical trial in the United Kingdom which ended on or after 26th January 2007 but before 29th December 2008 in respect of the product to which the authorization relates and the trial is not included in a paediatric investigation plan, H shall be guilty of an offence if H fails to submit the results of that trial to the EMEA on or before 29th June 2009, as required by Article 41(2) of the Paediatric Regulation.
4
Any person who —
a
is the sponsor of a paediatric clinical trial in the United Kingdom in respect of a medicinal product —
i
with a United Kingdom marketing authorization, but where the trial is not instigated by the marketing authorization holder; or
ii
without a United Kingdom or Community marketing authorization,
where the trial is not included in a paediatric investigation plan; and
b
fails to submit the results of that trial to the EMEA within the period of six months beginning on the date that the trial ended as required by Article 41(2) of the Paediatric Regulation,
shall be guilty of an offence.
5
Any person who —
a
has sponsored a paediatric clinical trial in the United Kingdom in respect of a medicinal product —
i
with a United Kingdom marketing authorization, but who is not the marketing authorization holder; or
ii
without a United Kingdom or Community marketing authorization,
where the trial is not included in a paediatric investigation plan and ended on or after 26th January 2007 but before 29th December 2008; and
b
fails to submit the results of that trial to the EMEA on or before 29th June 2009 as required by Article 41(2) of the Paediatric Regulation,
shall be guilty of an offence.
6
Any holder of a United Kingdom marketing authorization who —
a
has knowledge of a paediatric study in respect of the product to which the authorization relates that ended on or before 25th January 2007; and
b
fails to submit that paediatric study to the licensing authority on or before 29th June 2009 as required by Article 45(1) of the Paediatric Regulation ,
shall be guilty of an offence.
7
Any holder of a United Kingdom marketing authorization who —
a
sponsors a paediatric study in respect of the product to which the authorization relates; and
b
fails to submit the results to the licensing authority within a period of six months beginning with the date that the trial ended as required by Article 46(1) of the Paediatric Regulation,
shall be guilty of an offence.
8
Any holder of a United Kingdom marketing authorization who —
a
has sponsored a paediatric study in respect of the product to which the authorization relates which ended on or after 26th January 2007 but before 29th December 2008; and
b
fails to submit the results to the licensing authority on or before 29th June 2009 as required by Article 46(1) of the Paediatric Regulation,
shall be guilty of an offence.
9
For the purposes of this paragraph —
a
a “clinical trial” has the meaning given by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 ; and
b
a “paediatric clinical trial” means a clinical trial conducted in whole or in part on persons under the age of 18 years.
.
10
In paragraph 17, for “6B, 6C, 10A or 13A” substitute “6B, 6BA, 6BB, 6C, 6G, 10A, 13A or 13B”.
Amendment of the Medicines Act 1968
4
In the Medicines Act 1968 —
a
in section 8 (provisions as to manufacture and wholesale dealing), in subsection (2B), in the definition of “marketing authorization” —
i
in paragraph (a), for “Directive 2001/83/EC ” substitute “the 2001 Directive”, and
ii
in paragraph (b), after “Council Regulation (EEC) 2309/93 ” insert “or under Regulation (EC) No 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ”; and
b
in section 132 (general interpretation provisions), in subsection (1), in the definition of “the 2001 Directive” —
i
in paragraph (c), omit the final “and”, and
ii
after paragraph (d), insert —
and
Regulation (EC) No 1901/2006 of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92 , Directive 2001/20/EC , Directive 2001/83/EC and Regulation (EC) No 726/2004 ;
.
Amendment of the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008
5
In regulation 1(2) of the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 , in the definition of “repeatable prescription” omit “with”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
3rd December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2008 and shall come into force on 31st December 2008.
Amendments to the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2009.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
for paragraph 1(4) substitute —
4
A special authority’s non-domestic rating contribution for the financial year beginning on 1st April 2009 shall be the amount calculated under sub-paragraph (2) above less £9.8 million.
;
b
in paragraph 4(4), for “2008 is £83,606,000” substitute “2009 is £84,442,000”; and
c
for Part II substitute —
PART II COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking 1.1274 The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield 1.1016 The councils of the districts of Reading, West Berkshire and Wokingham 1.1119 The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock 1.081 The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe 1.0808 The council of a district which falls within the county of Oxfordshire 1.0643 The councils of the districts of Bedford, Central Bedfordshire, Luton, North Hertfordshire and Stevenage 1.0421 The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire 1.0454 The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester 1.0415 The council of a district which falls within the county of Warwickshire 1.0224 Swindon District Council and Wiltshire County Council 1.0308 The councils of the districts of Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire 1.0349 The council of a district which falls within the county of Northamptonshire 1.0185 The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells 1.0161 The council of a district which falls within the county of Gloucestershire 1.0189 The council of a district which falls within the West Midlands metropolitan county 1.0154 The councils of the districts of Cheshire West and Chester, Cheshire East, Halton and Warrington 1.0109 The council of a district which falls within the Greater Manchester metropolitan county 1.0223 The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford 1.02 The councils of the districts of Brighton & Hove, Eastbourne, Hastings, Lewes, Rother and Wealden 1.0156 The council of a district which falls within the West Yorkshire metropolitan county 1.0126 The councils of the districts of Blaby, Charnwood, Harborough, Hinckley and Bosworth, Leicester, Melton, North West Leicestershire, Oadby and Wigston and Rutland 1.0135 The councils of the districts of Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark and Sherwood, Nottingham and Rushcliffe 1.0075 The council of a district which falls within the Merseyside metropolitan county 1.0076 The council of a district other than a district named, or falling within a description given, above 1 The council of an inner London borough 1.2358 The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton 1.1278 The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest 1.0845 The Common Council of the City of London 1.4329 The Council of the Isles of Scilly 1.5 The Isle of Wight Council 1.0415 The councils of the counties of Cornwall, County Durham, Northumberland and Shropshire 1
.
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(12), for “0.990” substitute “0.991”; and
b
for the table in paragraph 8(1) substitute —
Name or description of authority Percentage
The council of a metropolitan district 0.8 The council of a non-metropolitan district which has the functions of a county council, the council of a county which has the functions of a district council and the Council of the Isles of Scilly 0.7 The council of a non-metropolitan district which does not have the functions of a county council 0.4 The council of an inner London borough and the Common Council of the City of London 0.6 The council of an outer London borough 1.1
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
27th November 2008