text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts) (England) Regulations 2007 and come into force on 21st January 2008.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998;
“ EIA 2006 ” means the Education and Inspections Act 2006;
“the Charities Act ” means the Charities Act 1993 ;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2007 ;
“foundation governor” has the same meaning as in regulation 8 of the Constitution Regulations;
“the Insolvency Act ” means the Insolvency Act 1986 ;
“the Procedures Regulations ” means the School Governance (Procedures) (England) Regulations 2003 ;
“reconstitution of governing body proposals” means proposals published under section 25(4)(b) or section 25(5) of EIA 2006 for the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors;
“removal of foundation proposals” means proposals published under section 25(4)(a) or section 25(5) of EIA 2006 for the removal of the foundation;
“trustees” means the trustees of the school’s foundation; and
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England.
Part 1 Removal of Foundation and Reduction in Number of Foundation Governors
Interpretation and application of Part 1
3
In this Part —
a
any reference to the governing body is a reference to the governing body of any school to which section 25 of EIA 2006 applies,
b
any reference to a governor or governors is a reference to a member of a governing body of any school to which section 25 of EIA 2006 applies, and
c
any reference to a proportion of the governors is a reference to a proportion of the total membership of the governing body, excluding any vacancies.
Decision of governing body to publish proposals
4
A decision to publish proposals to —
a
remove the school’s foundation, or
b
alter the instrument of government so that the foundation governors will cease to constitute the majority of governors,
under section 25(4) of EIA 2006, whether taken by the governing body or by a committee of the governing body, must be confirmed by the whole governing body at a meeting held not less than 28 days after the meeting at which the initial decision was made.
Requirement to publish proposals in certain circumstances
5
1
This regulation applies where —
a
the school’s instrument of government provides for the majority of governors to be foundation governors, and
b
the governing body has not made a decision to publish proposals under section 25(4) of EIA 2006.
2
Subject to paragraph (4), where at least one third of the governors give notice in writing to the clerk of the governing body that they require the publication of proposals for either or both of the following alterations to the school —
a
the removal of the foundation, or
b
the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors,
the governing body must publish proposals for such alteration or alterations (as the case may be) under section 25 of EIA 2006 and in accordance with this Part.
3
Unless matters are referred to the adjudicator under regulation 6 ( determination of land issues ) (in which case the governing body must publish proposals within 1 month of receipt of the adjudicator’s determination), the governing body must publish such proposals within 3 months of the receipt of notice by the clerk under paragraph (2).
4
Paragraph (2) does not require the governing body to publish proposals under section 25 of EIA 2006 —
a
at any time within a 5 year period beginning with the date on which —
i
proposals for the establishment of the school were implemented under Schedule 2 to EIA 2006, or
ii
proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation or foundation special school were implemented under the School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 , or
b
at any time within a 5 year period beginning with the date on which previous proposals published under section 25 of EIA 2006 in pursuance of paragraph (2) of this regulation (governing body required to publish proposals) were rejected by the governing body in accordance with regulation 11.
Determination of land issues
6
1
Before publishing proposals to remove the school’s foundation, the governing body must agree with the trustees and the local education authority all matters relating to —
a
the land to be transferred under regulation 17, including, where appropriate, the terms of any transfer agreement to be made for the purposes of regulation 17(3), and
b
any payment to be made under regulation 18(1) or (2),
which would arise as a result of the governing body’s approval of the proposals (with or without modification).
2
Where the governing body has not reached agreement with the trustees and the local education authority as to any of the matters set out in paragraph (1) within 3 months of —
a
the initial decision to publish proposals under regulation 4, or
b
receipt of notice by the clerk under regulation 5(2),
such matters must be referred to the adjudicator for his determination.
Consultation on proposals
7
1
Subject to paragraph (2), before publishing proposals to remove the school’s foundation or to alter the school’s instrument of government, the governing body must consult —
a
families of pupils at the school,
b
teachers and other staff at the school,
c
the trustees and, if different, the person or persons by whom the foundation governors are appointed,
d
the local education authority,
e
the governing bodies of any other foundation or foundation special schools maintained by the same local education authority for which the foundation acts as a foundation,
f
any trade unions who represent staff at the school,
g
if the school has a religious character the appropriate diocesan authority (as defined in section 142(1) and (4) of SSFA 1998) or other relevant faith group in relation to the school,
h
if the proposals affect the provision of full-time education suitable to the requirements of persons during the period beginning with the start of the academic year in which they attain the age of 15 and ending when they attain the age of 19, the Learning and Skills Council for England, and
i
such other persons as the governing body consider appropriate.
2
The requirement to consult before publishing proposals does not apply where the governing body is required to publish proposals under regulation 5(2).
Information to be included in proposals
8
1
Removal of foundation proposals must include the information set out in Schedule 1.
2
Reconstitution of governing body proposals must include the information set out in Schedule 2.
Manner of publication of proposals
9
1
The governing body must publish the information contained in paragraphs 1 to 4 of Schedule 1, or Schedule 2 as the case may be, together with details of how complete copies of the proposals may be obtained.
2
The governing body must publish the information in paragraph (1) —
a
by posting it —
i
at or near the main entrance to the school or, if there is more than one main entrance, all of them, and
ii
in a conspicuous place in the area served by the school, and
b
by publishing it in at least one local newspaper circulating in that area, and
3
The governing body at the same time as publishing the information in paragraph (1), must send copies of the proposals to —
a
the trustees,
b
the Secretary of State, and
c
the local education authority.
Objections and Comments
10
Any person may object to or comment on proposals published in accordance with regulation 9 provided that such objections or comments must be sent to the governing body within six weeks after the date of publication of the proposals.
Determination of proposals
11
1
The governing body must within 3 months after the publication of the proposals under regulation 9 determine whether to —
a
approve the proposals without modification,
b
approve the proposals in accordance with regulation 12 ( modification of proposals ), or
c
subject to paragraph (2), reject the proposals.
2
Despite regulations 12(1) and (2) of the Procedures Regulations, the governing body may not reject proposals published pursuant to regulation 5(2) above, unless two thirds or more of the governors indicate that they are in favour of such rejection either by —
a
being present and voting at the meeting of the governing body at which the proposals are to be determined, or
b
if a governor is unable to attend such meeting, notifying the clerk in writing of their vote before the date of the meeting.
3
The governing body must notify the Secretary of State, the trustees and the local education authority of their determination made under paragraph (1).
Modification of proposals
12
1
Subject to paragraph (2), the governing body may approve the proposals with either or both of the following modifications —
a
a modification to the date on which the proposals will take effect (“the implementation date”),
b
a modification to the proposed constitution of the governing body.
2
Where proposals have been published pursuant to regulation 5(2) above, the governing body may only modify the proposals in accordance with paragraph (1) where, despite regulations 12(1) and (2) of the Procedures Regulations, two thirds or more of the governors indicate that they are in favour of such modification either by —
a
being present and voting at the meeting of the governing body at which the proposals are to be determined, or
b
if a governor is unable to attend such meeting, notifying the clerk in writing of their vote before the date of the meeting.
Implementation of proposals published under section 25
13
1
Regulations 14 to 18 apply where the governing body have, in accordance with regulation 11(1)(a) or (b), approved removal of foundation proposals.
2
Regulations 14 to 16 apply where the governing body have, in accordance with regulation 11(1)(a) or (b), approved reconstitution of governing body proposals.
New governing body
14
1
The governing body and the local education authority must secure that by the end of the implementation period a new instrument of government is made for the school in accordance with the procedure for review under regulation 32 of the Constitution Regulations.
2
The implementation period is the period commencing on the date a proposal is approved under regulation 11(1)(a) or (b) and ending on the implementation date.
3
The governing body and the local education authority must secure that as soon as reasonably practicable after the commencement of the implementation period (and in any event within a period of 3 months beginning on the implementation date) the governing body are reconstituted in accordance with the new instrument of government, and the Constitution Regulations.
4
The new instrument of government is to take effect from the date of making for the purpose of reconstituting the governing body but is not to affect the constitution of the governing body conducting the school pending the implementation date, (or the making of the instrument of government if later).
5
The governing body must exercise their functions in a manner calculated to enable the local education authority to fulfil their duties under paragraph (1).
6
For all other purposes, the new instrument of government is to take effect from the implementation date.
Governors continuing in office
15
1
Paragraph (2) applies to any member of a governing body in post before a new instrument of government has been made under these Regulations.
2
Subject to regulation 16 a governor to whom this paragraph applies is to continue from the implementation date (or the making of the new instrument of government if later) as a governor of the corresponding category required by the new instrument of government (if any such category exists).
3
A governor who continues in office under paragraph (2) is to hold office for the remainder of the term for which he was originally appointed or elected.
4
The proceedings of the governing body are not invalidated by the school having more governors of a particular category than are provided for by the new instrument of government, pending removal of the surplus governors pursuant to regulation 16.
Surplus governors
16
1
Where —
a
on or after the implementation date a school has more governors of any of the categories of governors than are required as governors of the corresponding category by the new instrument of government, and
b
the excess is not eliminated by the required number of governors of the appropriate category resigning,
such number of that category as is required to eliminate the excess cease to hold office in accordance with paragraphs (2) and (3).
2
The governors who are to cease to hold office are to be determined on the basis of length of service, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.
3
Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group with equal length of service, it must be done by drawing lots.
4
For the purposes of these Regulations, sponsor governors nominated by a particular category of person are treated as if they constituted a separate category of governor.
5
Any procedure set out in the new instrument of government for the removal of excess foundation governors does not apply to the reconstitution of the governing body under these Regulations.
Transfer of land
17
1
Subject to paragraph (2) any publicly provided land which, immediately before the implementation date, was held by the trustees for the purposes of the school transfers on that date to, and by virtue of this regulation vests in, the governing body.
2
But, where, in connection with the acquisition of the publicly provided land or the provision of buildings on that land, the trustees had paid any sum representing proceeds of sale of other premises, that land does not transfer under paragraph (1), but transfers to and vests in the governing body in accordance with a transfer agreement under paragraph (3).
3
Any other land which, immediately before the implementation date, was held by the trustees for the purposes of the school transfers to and vests in the governing body in accordance with a transfer agreement.
4
Where any land is transferred to and vests in the governing body in accordance with this regulation, any rights or liabilities —
a
enjoyed or incurred by the trustees in connection with the land, and
b
subsisting immediately before the implementation date,
also transfer to, and by virtue of this regulation, vest in, the governing body.
5
This regulation is subject to Schedule 3 (which makes further provision in relation to transfers of property, rights and liabilities).
6
In this regulation —
a
“publicly provided land” means any land of the kind referred to in sub-paragraph (1) or (2) of paragraph A26 of Schedule 22 to SSFA 1998 , and
b
“transfer agreement” means an agreement made for the purposes of paragraph (3) between the governing body and the trustees, and providing for the land in question to be transferred to, and vest in, the governing body on the implementation date, whether or not in consideration of any payment by the governing body.
Compensation where capital expenditure incurred
18
1
Where the trustees have incurred capital expenditure in relation to —
a
land transferred under regulation 17(1) or (3) (“the transferred land”), or
b
other land, the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,
the governing body must pay to the trustees such sum representing the value of the transferred land as may be agreed between them or determined by the adjudicator under regulation 6.
2
Where the governing body or the local education authority have incurred capital expenditure in relation to —
a
any land held by the trustees for the purposes of the school which is not transferred land (“the excluded land”), or
b
other land, the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,
the trustees must pay to the governing body or the local education authority (as the case may be) such sum representing the value of the excluded land as may be agreed between the trustees and the governing body or the local education authority (as the case may be) or determined by the adjudicator under regulation 6.
Duty to have regard to guidance issued by the Secretary of State
19
In exercising their functions under this Part, the following persons must have regard to any guidance given from time to time by the Secretary of State —
a
the governing body,
b
the trustees,
c
the local education authority, and
d
the adjudicator.
Part 2 Ability of Foundation to Pay Debts
Interpretation and application of Part 2
20
In this Part any reference to a foundation is a reference to the trustee of a school to which paragraph 8A of Schedule 22 to SSFA 1998 applies.
Conditions relating to the ability of a foundation to pay its debts
21
The conditions prescribed for the purposes of paragraph 8A(2)(d) of Schedule 22 to SSFA 1998 are that —
a
the foundation is unable to pay its debts within the meaning of section 123 of the Insolvency Act, provided that for the purposes of this regulation section 123(1)(a) of the Insolvency Act has effect as if —
i
the amount of £10,000 was substituted for £750, and
ii
there was an additional condition that it cannot be shown to the satisfaction of the Secretary of State that such demand as is mentioned in that paragraph is being contested in good faith by the foundation;
b
the foundation has a receiver (and manager, with the exception of a receiver and manager appointed by the Charity Commission under the Charities Act ), administrator or administrative receiver appointed over all or any part of its undertakings,
c
any restraint, execution or other process is levied or enforced on any of the land held by the foundation (other than for the purposes of the school) and is not paid out, withdrawn or discharged within 15 working days,
d
the foundation calls a meeting of its creditors (whether formal or informal) or enters into any composition or arrangement (whether formal or informal) with its creditors, or
e
the foundation proposes a voluntary arrangement within section 1 of the Insolvency Act.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th December 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Further Education Teachers’ Qualifications (England) Regulations 2007 and come into force on 1 st September 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 2001 Regulations ” means the Further Education Teachers’ Qualifications (England) Regulations 2001 ;
“ ATLS status ” means associate teacher learning and skills status awarded by the IfL ;
“associate teaching role” means a teaching role that carries significantly less than the full range of teaching responsibilities ordinarily carried out in a full teaching role (whether on a full-time, part-time, fractional, fixed term, temporary or agency basis) and does not require the teacher to demonstrate an extensive range of knowledge, understanding and application of curriculum development, curriculum innovation or curriculum delivery strategies;
“certificated illness or injury” means illness or injury certified by a registered medical practitioner;
“employed” means employed under a contract of employment or a contract for services;
“ ERA 1996 ” means the Employment Rights Act 1996;
“full teaching role” means a teaching role that carries the full range of teaching responsibilities (whether on a full-time, part-time, fractional, fixed term, temporary or agency basis) and requires the teacher to demonstrate an extensive range of knowledge, understanding and application of curriculum development, curriculum innovation or curriculum delivery strategies;
“induction period” means an induction period served pursuant to regulations made under section 19 of the Teaching and Higher Education Act 1998 ;
“IfL” means the private company limited by guarantee registered at Companies House under the name The Institute for Learning (Post Compulsory Education and Training);
“ LLUK ” means the private company limited by guarantee registered at Companies House under the name Lifelong Learning UK , which is the Sector Skills Council responsible for the professional development of all those working in the further education sector;
“ Preparing to Teach Award ” means the Preparing to Teach in the Lifelong Learning Sector Award approved by the Secretary of State;
“process of professional formation” means the post-qualification process by which a teacher demonstrates through professional practice —
the ability to use effectively the skills and knowledge acquired whilst training to be a teacher; and
the capacity to meet the occupational standards required of a teacher;
“ QTLS status ” means qualified teacher learning and skills status awarded by the IfL;
“ QTS ” means qualified teacher status awarded by the General Teaching Council for England;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years; and
teacher” means a person who provides education at a further education institution under a contract of employment or a contract for services, other than a person who is employed by the institution on an occasional basis to provide updating on current commercial, industrial or professional practice; and “teach” and “teaching” are to be construed accordingly.
2
A reference in any provision of these Regulations to “equivalent” in relation to any qualification or award is a reference to —
a
any other qualification or award which the Secretary of State is satisfied is of equivalent or higher standard than the qualification or award specified in that provision; and is approved by him for the purposes of these Regulations;
b
a relevant qualification obtained in an EEA State or Switzerland recognised in accordance with the provisions of Council Directive 92/51/ EEC and Directive 2005/36/ EC ; or
c
evidence which demonstrates, to the satisfaction of LLUK, that the person has the necessary skills or experience or both to teach.
3
Where any provision in these Regulations allows a person to be employed in a particular role for a specified period of time, that period commences when the person is employed in such a role for the first time.
4
Where any provision in these Regulations allows a person to be employed in a teaching role for a specified period of time, that period is extended to take account of any period when the person is absent from work —
a
in exercise of —
i
her right to maternity leave conferred by section 71 or 73 of the ERA 1996 or her contract of employment and has the right to return to work by virtue of either of those sections or her contract of employment;
ii
the right to parental leave conferred by section 76 of the ERA 1996;
iii
the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996 ; or
iv
the right to adoption leave conferred by section 75A or 75B of the ERA 1996 ;
b
because of her pregnancy; or
c
because of certificated illness or injury, where the total period of absence from work exceeds 3 months in any period of 12 months.
Scope
3
1
Subject to paragraphs (2) and (3), these Regulations apply to any person employed as a teacher on or after 1 st September 2001.
2
These Regulations do not apply to any person employed as a teacher —
a
to teach on courses of higher education only;
b
before 1 st September 2007 who holds QTS;
c
solely in a sixth form college who holds QTS; or
d
who obtained an appropriate qualification under the 2001 Regulations before 1 st September 2007.
3
These Regulations do not apply until 1 st September 2008 to any person employed as a teacher who enrolled on a course before 1 st September 2007 to obtain an appropriate qualification under the 2001 Regulations with a view to obtaining that qualification by 31 st August 2008.
4
With effect from 1 st September 2008, these Regulations shall not apply to any person referred to in paragraph (3) who obtains the qualification referred to in that paragraph by 31 st August 2008.
5
With effect from 1 st September 2008, regulations 4 and 6 shall not apply to any person referred to in paragraph (3) who does not obtain the qualification referred to in that paragraph by 31 st August 2008.
6
Regulations 4 and 6 do not apply to any other person employed as a teacher before 1 st September 2007.
Teachers to hold appropriate award
4
1
Subject to paragraph (2), no person may teach in a further education institution unless that person holds a Preparing to Teach Award or its equivalent.
2
A person who does not hold an award referred to in paragraph (1) may be employed in a teaching role for a period not exceeding 1 year, commencing on the date that person takes up such a post for the first time, on condition that that person is provided throughout that period with professional support by a qualified person.
3
In paragraph (2) —
“professional support” means support which includes mentoring and direction in the processes and practice of teaching, including lesson planning and course development; and
“qualified person” means a person who satisfies the qualifications requirements in the 2001 Regulations or in these Regulations or is exempt from such requirements under either set of Regulations.
Teachers in full teaching roles to hold appropriate qualifications and QTLS
5
1
Subject to the following paragraphs, no person may be employed in a full teaching role unless that person —
a
holds the Diploma in Teaching in the Lifelong Learning Sector at Level 5 or above approved by the Secretary of State, or its equivalent; and
b
holds a specialist’s subject qualification approved by the Secretary of State, where the Secretary of State has decided that such a qualification is necessary, or its equivalent.
c
has completed such programme to the satisfaction of the IfL or has obtained such award as may be approved by the Secretary of State, for the purposes of demonstrating that a person has the necessary literacy, numeracy and information and communications technology skills to teach;
d
has completed, to the satisfaction of the IfL, a process of professional formation; and
e
holds QTLS status.
2
A person who holds QTS may be employed in a full teaching role if he —
a
has completed, to the satisfaction of the IfL, a process of professional formation;
b
has completed, to the satisfaction of the IfL, a training course designed to familiarise him with the role of a teacher in a further education institution; and
c
holds QTLS status.
3
A person who holds QTS and has satisfactorily completed an induction period in a further education institution may be employed in a full teaching role if he —
a
has completed, to the satisfaction of the IfL, a training course designed to familiarise a person with the role of a teacher in a further education institution; and
b
holds QTLS status.
4
A person who does not comply with paragraph (1), (2) or (3) may be employed in a full teaching role for a period not exceeding —
a
2 years, where the person holds QTS; or
b
5 years in any other case.
Teachers in associate teaching roles to hold appropriate qualifications and ATLS
6
1
Subject to the following paragraphs, no person may be employed in an associate teaching role unless that person —
a
holds a Certificate in Teaching in the Lifelong Learning Sector at Level 3 or 4 approved by the Secretary of State, or its equivalent;
b
holds a specialist’s subject qualification approved by the Secretary of State, where the Secretary of State has decided that such a qualification is necessary, or its equivalent;
c
has completed such programme to the satisfaction of the IfL or has obtained such award as may be approved by the Secretary of State, for the purposes of demonstrating that a person has the necessary literacy, numeracy and information and communications technology skills to teach;
d
has completed, to the satisfaction of the IfL, a process of professional formation; and
e
holds ATLS status.
2
A person who holds QTS may be employed in an associate teaching role if he —
a
has completed, to the satisfaction of the IfL, a process of professional formation;
b
has completed, to the satisfaction of the IfL, a training course designed to familiarise a person with the role of a teacher in a further education institution; and
c
holds ATLS status.
3
A person who holds QTS and who has satisfactorily completed an induction period in a further education institution may be employed in an associate teaching role if he —
a
has completed, to the satisfaction of the IfL, a training course designed to familiarise a person with the role of a teacher in a further education institution; and
b
holds ATLS status.
4
A person who does not comply with paragraph (1), (2) or (3) may be employed in an associate teaching role for a period not exceeding —
a
2 years, where the person holds QTS; or
b
5 years in any other case.
Revocations and transitional provision
7
1
Subject to paragraph (2), the 2001 Regulations are revoked .
2
The 2001 Regulations continue to apply until 31 st August 2008 to any relevant teacher, as defined in those Regulations, who became a relevant teacher on or after 1 st September 2001 and before 1 st September 2007 and enrolled on a course to obtain a suitable qualification under those Regulations before 1 st September 2007, with a view to obtaining that qualification by 31 st August 2008.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
27 July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 and shall come into force on 23rd May 2007.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 13 (advance claims and awards) —
a
in paragraph (3) omit —
i
“Subject to paragraph (4),”;
ii
“disabled person’s tax credit,”; and
iii
“working families’ tax credit,”;
b
omit paragraphs (4), (5), (6), (7) and (8); and
c
at the end add —
9
Paragraphs (1) and (2) do not apply to —
a
a claim for income support made by a person from abroad as defined in regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental-persons from abroad); or
b
a claim for a jobseeker’s allowance made by a person from abroad as defined in regulation 85A of the Jobseeker’s Allowance Regulations (special cases: supplemental-persons from abroad).
.
3
In regulation 13D (advance claims for and awards of state pension credit), after paragraph (3) add —
4
This regulation does not apply to a claim made by a person not in Great Britain as defined in regulation 2 of the State Pension Credit Regulations (persons not in Great Britain).
.
Amendment of the Housing Benefit Regulations 2006
3
In regulation 83 of the Housing Benefit Regulations 2006 (time and manner in which claims are to be made) for paragraph (10) substitute —
10
Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
4
In regulation 64 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (time and manner in which claims are to be made) for paragraph (11) substitute —
11
Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.
.
Amendment of the Council Tax Benefit Regulations 2006
5
In regulation 69 of the Council Tax Benefit Regulations 2006 (time and manner in which claims are to be made) —
a
for paragraph (10) substitute —
10
Except in the case of a claim made by a person from abroad, where a person has not become liable for council tax to a relevant authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may claim council tax benefit at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority shall treat the claim as having been made on the day on which the liability for the tax arises.
; and
b
for paragraph (12) substitute —
12
Except in the case of a claim made by a person from abroad, where the claimant is not entitled to council tax benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to council tax benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
In regulation 53 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (time and manner in which claims are to be made) —
a
for paragraph (10) substitute —
10
Except in the case of a claim made by a person from abroad, where a person has not become liable for council tax to a relevant authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may claim council tax benefit at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority shall treat the claim as having been made on the day on which the liability for the tax arises.
; and
b
for paragraph (12) substitute —
12
Except in the case of a claim made by a person from abroad, where the claimant is not entitled to council tax benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to council tax benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th April 2007


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Environmental Noise (Identification of Noise Sources) (England) (Amendment) Regulations 2007;
b
come into force on 20th September 2007;
c
apply in England.
Amendment of the Environmental Noise (Identification of Noise Sources) (England) Regulations 2007
2
The table in Schedule 4 to the Environmental Noise (Identification of Noise Sources) (England) Regulations 2007 is amended as follows —
a
omit the fifth entry (Gloucestershire, EGBJ);
b
omit the eighth entry (London Biggin Hill, EGKB);
c
omit the seventeenth entry (Shoreham, EGKA).
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
20th August 2007


text:
Title and commencement
1
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2007.
2
These regulations come into force on 16th March 2007.
Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2005
2
The Greenhouse Gas Emissions Trading Scheme Regulations 2005 are amended as follows.
3
After regulation 21 (allocation and issue of allowances), insert —
Allocation by auction or sale
21A
1
Before 1st May 2008, the Secretary of State may decide to allocate allowances which meet the conditions in paragraph (2) by way of auction or sale.
2
The allowances must —
a
be for the first scheme phase;
b
be contained within the new entrant reserve; and
c
qualify for auction or sale in accordance with the approved national allocation plan for that phase.
3
Subject to regulation 46, if the Secretary of State decides under paragraph (1) to allocate allowances by way of auction or sale, he may enter into an agreement with an account holder (“the purchaser”) to allocate allowances to that person in exchange for payment.
4
Where the Secretary of State —
a
agrees to allocate allowances to the purchaser in accordance with this regulation; and
b
has received the agreed payment from the purchaser by the agreed date,
he shall, within 7 days of receiving the payment, serve a notice on the purchaser and the registry administrator allocating those allowances to the purchaser.
5
The Secretary of State may take one of the steps specified in paragraph (6) if —
a
he has agreed to allocate allowances to the purchaser in accordance with this regulation; and
b
he has not received the agreed payment from the purchaser by the agreed date.
6
The steps are —
a
not to allocate those allowances to the purchaser, by serving a notice on him to that effect; or
b
to recover the outstanding payment from the purchaser summarily as a civil debt.
7
If in accordance with paragraph (6)(b) the Secretary of State recovers the outstanding payment from the purchaser before 10th April 2008, he shall, within 7 days of receiving such payment, serve a notice on the purchaser and the registry administrator allocating the allowances that were the subject of their agreement to the purchaser.
8
A notice under paragraph (4) or (7) shall specify —
a
the purchaser;
b
the purchaser’s holding account;
c
the number of allowances to be allocated to the purchaser,
d
where all of the allowances are not to be issued in the same year, the number of allowances to be issued in each remaining year or part year of the first scheme phase; and
e
the date, or where all of the allowances are not to be issued in the same year the dates in each relevant year, by which the allowances are to be issued (the first of which shall be no later than 14 days after the date of the notice).
9
Where a notice is served on the registry administrator in accordance with paragraph (4) or (7), the registry administrator shall transfer the quantity of allowances specified in the notice from the party holding account to the account specified in the notice.
10
The registry administrator shall transfer allowances in accordance with paragraph (9) by the date specified in the notice in accordance with paragraph (8)(e).
11
The registry administrator shall transfer allowances in accordance with the internal transfer process set out in Annex IX to the Registries Regulation.
12
Where appointed to do so by the Secretary of State, the Environment Agency or the Scottish Environment Protection Agency may exercise any of the Secretary of State’s functions under this regulation (other than the power of appointment under this paragraph) subject to any limitations imposed by the Secretary of State when making the appointment.
.
4
At the end of regulation 46 (agreement of Scottish Ministers, etc ), add —
5
Subject to paragraph (8), the power of the Secretary of State under regulation 21A(1) (but not any power of the Environment Agency or the Scottish Environment Protection Agency which arises by virtue of regulation 21A(12)) is exercisable only with the consent of the Scottish Ministers, the National Assembly for Wales and the Department of the Environment (“the devolved administrations”).
6
Subject to paragraph (8), the Secretary of State’s power of appointment under regulation 21A(12), including the power to impose limitations on such an appointment, is exercisable only with the consent of the devolved administrations.
7
Consent under paragraph (5) means consent to the manner in which the Secretary of State intends to conduct an auction or sale of allowance.
8
The Secretary of State may exercise the power in regulation 21A(1) or (12) where —
a
consent of any one or more of the devolved administrations has not been given;
b
he considers that it is necessary to exercise the power to ensure that the United Kingdom complies with its obligations under the Directive; and
c
he serves a notice on each of the devolved administrations which has not given its consent stating that he has decided to exercise the power without such consent.
.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
19th February 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Protection Agency (Amendment) Regulations 2007 and shall come into force on 6th July 2007.
2
In these Regulations “the principal Regulations ” means the Health Protection Agency Regulations 2005 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(3) of the principal Regulations (citation, commencement and interpretation) —
a
after the definition of “the chairman” insert —
“competent authority” means a competent authority identified in accordance with Article 19 of the IHR (general obligations) and with a role as described at Article 22 of the IHR (role of competent authorities);
“government department” for the purposes of these Regulations includes the Scottish Executive and the Welsh Ministers;
;
b
after the definition of “health service body” insert —
“the IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;
“National IHR Focal Point” means the national centre, designated by a State Party to the IHR, which shall be accessible at all times for communications with the WHO IHR Contact Point under the IHR;
; and
c
after the definition of “primary care list” add —
“World Health Assembly” has the meaning set out in the Constitution of the World Health Organization adopted by the International Health Conference held in New York from 19th June to 22nd July 1946 and signed on 22nd July 1946;
“WHO” means the World Health Organization, a specialised agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organization;
“WHO IHR Contact Point” means the unit within WHO which shall be accessible at all times for communications with the National IHR Focal Point.
.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7 of the principal Regulations (directions – health functions), for paragraph (a) substitute —
a
to undertake in England the function of arranging for administering centres to —
i
vaccinate or revaccinate against yellow fever with a vaccine approved by WHO and in accordance with Annex 7 to the IHR, and
ii
provide persons undergoing such vaccination or revaccination with a certificate in the form specified in Annex 6 to the IHR reproduced at the Schedule to these Regulations certifying that the person has been so vaccinated; and
.
Directions
4
1
After regulation 7 of the principal Regulations (directions – health functions) add —
Directions – International Health Regulations
8
1
The Secretary of State directs the Agency to act as a National IHR Focal Point for the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory except in relation to Scotland in relation to matters which are within devolved competence (within the meaning of the Scotland Act 1998 and Northern Ireland in relation to a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 ).
2
Accordingly, the HPA shall exercise the following functions in particular —
a
to be accessible at all times for communication with the WHO IHR Contact Point (Article 4(2) of the IHR);
b
to send to the WHO IHR Contact Point urgent communications concerning the implementation of the IHR, in particular under Articles 6 to 12 of the IHR (Article 4(2)(a) of the IHR);
c
to disseminate information to, and consolidate information from, relevant sectors of the administration within the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory including sectors responsible for surveillance and reporting, points of entry, public health services, clinics and hospitals and government departments (Article 4(2)(b) of the IHR);
d
to communicate with competent authorities in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory on the relevant public health measures taken pursuant to the IHR (Article 22(1)(i) of the IHR);
e
to receive reports from competent authorities in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory on implementation of necessary additional health measures including isolation of conveyances to prevent the spread of disease (Article 27(1) of the IHR).
3
The Agency has the following additional functions (in relation to the same territories and to the same extent specified in paragraph (1)) —
a
to provide WHO with its contact details, to continuously update WHO in relation to any changes to its contact details, and to confirm its contact details to WHO annually (Article 4(4) of the IHR); and
b
to provide to WHO —
i
a list of bodies authorised to issue or extend the validity of Ship Sanitation Control Certificates or Ship Sanitation Control Exemption Certificates in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory; and
ii
information on any changes which may occur to the status of the listed bodies (Article 20(3) of the IHR).
.
Schedule
5
To the principal Regulations add the following Schedule —
SCHEDULE
Regulation 7(a)
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
7th June 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (Yorkshire and the Humber Operational Programme) (Implementation) Regulations 2007 and shall come into force on 31st January 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Agency ” means the Yorkshire and the Humber Development Agency ;
“ the Commission ” means the Commission of the European Communities;
“commitment” means an agreement entered into by the Agency or a global grant body in relation to an award of assistance granted by the Fund ;
“the Council Regulation ” means Council Regulation ( EC ) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999 ;
“the Fund” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“the Fund contribution” means the contribution from the Fund made available for the Operational Programme;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operational Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“Operational Programme” means the document which —
is an “operational programme” within the meaning given by Article 2; and
sets out the development strategy to be carried out with the aid of the Fund in the Yorkshire and the Humber region as a contribution towards achieving the Regional competitiveness and employment objective referred to in Article 3(2);
“Schedule of Functions” means the document published by the Secretary of State on 19th December 2007 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for Yorkshire and the Humber”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme ; and
“Yorkshire and the Humber region” means the region named “Yorkshire and the Humber” in Schedule 1 to the 1998 Act.
2
In these Regulations, a reference to an Article is a reference to an Article of the Council Regulation.
Designation of intermediate body
3
1
The Agency is designated as an intermediate body for the purposes of Article 59(2) to carry out the functions of the Managing Authority referred to in paragraph (2) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
2
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
General duties of intermediate body
4
The Agency shall carry out the intermediate body functions, and shall do so in accordance with all requirements and procedures specified in the documents which (consistently with the general principles laid down by Article 58) set up the system of management and control of the Operational Programme.
Power to guide and direct the Agency
5
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of the intermediate body functions as if the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority.
Statement of accounts
6
In section 14 of the 1998 Act (accounts and records), the duty in subsection (1)(b) to prepare a statement of accounts shall apply in relation to the exercise by the Agency of the intermediate body functions as if —
a
the reference to the income of the agency included a reference to the amount of any payment to the Agency of the Fund contribution; and
b
the reference to the expenditure of the agency included a reference to the expenditure by the Agency of the Fund contribution.
Global grant bodies
7
1
A designation under Article 42(1) of a global grant body shall be made by notice in writing directed to the body concerned.
2
Neither the Secretary of State nor the Managing Authority shall designate a global grant body without the consent of the body concerned and without first consulting the Agency.
3
Where any part of the Operational Programme has been entrusted to a global grant body, that body shall manage and implement that part in accordance with the provisions of the agreement that it concludes with the Secretary of State or the Managing Authority under Article 42(1).
4
The Secretary of State may at any time by notice in writing revoke the designation of a global grant body made by the Secretary of State.
5
The Managing Authority may at any time by notice in writing revoke the designation of a global grant body made by the Managing Authority.
Recovery of sums paid under a commitment
8
In any case where a sum falls to be paid to the Agency or a global grant body under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Agency or the global grant body concerned.
Provision relating to payment of the contribution from the Fund
9
1
In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to —
a
payments by the Managing Authority of the Fund contribution;
b
payments by the Agency from the Fund contribution; and
c
the certification and audit of such payments.
2
The documents referred to in paragraph (1) may include provision for —
a
payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
b
payments to global grant bodies;
c
payments pursuant to a commitment;
d
relations which the Agency has with the certifying authority and the audit authority; and
e
relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
3
The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
4
Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
5
In this regulation —
a
“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
b
“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
28th December 2007


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 and shall come into force on 2nd April 2007.
2
In these Regulations —
“application for naturalisation” means an application for naturalisation as a:
British citizen under section 6(1) or (2) of the 1981 Act , or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“application for registration” means an application for registration as a:
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act, or section 1 of the British Nationality (Hong Kong) Act 1997 ,
British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“child” means a person under the age of eighteen;
“claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999 and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 , or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner; or
a child,
of that person;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
“European Community Association Agreement” means any of the following —
the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter, or remain;
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to the Convention;
“the Stateless Persons Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954;
“the 1981 Act” means the British Nationality Act 1981 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ; and
“unmarried or same-sex partner” of a person means a person who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.
Fees for leave to remain applications
3
1
Subject to regulations 5, 6, 7, 8, 9 and 10, in the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom, other than an application referred to in paragraph (2) or regulation 4, the fee is —
a
£595 for an application made in person at the relevant Public Enquiry Office of the Border and Immigration Agency of the Home Office; or
b
£395 for an application made by post.
2
The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training;
d
as a seasonal agricultural worker;
e
as a highly skilled migrant;
f
as a person intending to establish himself in business;
g
as an innovator;
h
as an investor;
i
as a retired person of independent means; or
j
as a sole representative,
under the immigration rules.
4
1
Subject to regulations 6, 7, 8, 9 and 10, in the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom —
a
as a student;
b
to re-sit an examination;
c
to write up a thesis;
d
as a student union sabbatical officer; or
e
as a prospective student,
under the immigration rules, the fee is that specified in paragraph (2).
2
The fee is —
a
£500 for an application made by a person at a Public Enquiry Office of the Border and Immigration Agency of the Home Office; or
b
£295 for an application made by post.
Exceptions in respect of leave to remain applications
5
No fee is payable in connection with an application for limited leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in paragraph (a), (b) or (c).
6
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person who, at the time of making the application, is a child who is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
7
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.
8
No fee is payable in respect of an application referred to in regulation 3 or 4, if it is made under the terms of a European Community Association Agreement.
9
Where two or more applications for leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable that being the higher, or as the case may be, the highest of the fees specified in respect of those applications where those fees are different.
10
1
If the conditions specified in paragraph (2) are met, a single fee is payable in connection with the applications made.
2
The conditions are —
a
an application referred to in regulation 3 or 4 is made by an applicant (A); and
b
at the same time A makes a similar application on behalf of one or more of his dependants, in circumstances where such persons are applying as dependants of A.
3
The fee payable shall be the fee specified for the application in respect of A.
Fees for transfer of conditions
11
1
Subject to paragraph (2), in the case of an application to which article 3(2)(c) of the 2007 Order applies, the fee to be paid is —
a
£500 for an application made in person at a Public Enquiry Office of the Border and Immigration Agency of the Home Office; or
b
£160 for an application made by post.
2
Where an application referred to in paragraph (1) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, a single fee is payable in connection with that application.
Fee for a work card in respect of a seasonal agricultural worker
12
1
Subject to paragraph (2), in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, which is made in respect of a person who is seeking to enter, or remain in, the United Kingdom as a seasonal agricultural worker under the immigration rules, the fee is £12.
2
No fee is payable in connection with an application referred to in paragraph (1) if it is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter .
Fees for travel documents (not including passports)
13
1
Subject to paragraph (2), in the case of an application to which article 3(2)(e) of the 2007 Order applies, other than an application referred to in paragraph (3), the fee to be paid is —
a
£130 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£210 in any other case.
2
No fee is payable in connection with an application referred to in paragraph (1) where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purpose of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to re-settle there.
3
In the case of an application to which article 3(2)(e) of the 2007 Order applies, where the application is for a Convention travel document or a document of identity, the fee is —
a
£45 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£66 in any other case.
Fee for an application for registration as a British citizen under the 1997 Act
14
1
In the case of an application referred to in article 3(2)(l) of the 2007 Order, namely an application for registration as a British citizen under section 1 of the 1997 Act, the fee to be paid is —
a
£200 in a case where the person in respect of whom the application is, at the date of the application, a child; or
b
£120 in any other case.
2
Where an application for registration of a child is made at the same time as an application for registration of another child and those children have the same parent, or parents, the total fee payable in respect of the applications shall be the same as that for a single application in respect of a child.
3
In this regulation, “parent” includes a step-parent or an adoptive parent.
Fee for permission to marry or form a civil partnership
15
In the case of an application to which article 3(2)(m) or (n) of the 2007 Order applies, namely an application for permission to marry under section 19(3)(b), 21(3)(b) or 23(3)(b) of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 or to form a civil partnership under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004 , the fee to be paid is £295.
Consequences of failing to pay the fee specified for an application
16
1
Subject to paragraph (2), where an application to which regulation 3, 4, 11, 12, 13, 14, 15 or 16 refers is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee.
2
An application referred to in regulation 3 or 4 which is made prior to 21st May 2007 will be treated as having been validly made regardless of whether the fee specified in respect of that application has been paid.
3
The Secretary of State may treat an application referred to in paragraph (2) as withdrawn if, having written to inform the person who made the application that the specified fee has not been provided, that fee is not provided within 28 days of the letter having been posted.
Fee for the registration of a declaration of renunciation
17
1
In respect of a service to which article 4(2)(a) to (d) of the 2007 Order applies, namely a declaration of a renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status, the fee to be paid for the provision of this service is £385.
2
Where a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of the registration of those declarations shall be the same as that for registration of a single declaration.
Fee for arranging a citizenship ceremony
18
1
In respect of a service to which article 4(2)(e) of the 2007 Order applies, namely the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony), the fee to be paid for the provision of this service is £80.
2
The fee referred to in paragraph (1) shall be payable on submission of an application for registration or for naturalisation by an applicant who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony.
3
Where the fee referred to in paragraph (1) is paid in accordance with paragraph (2) and —
a
the Secretary of State refuses the application; or
b
the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case,
the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.
4
Where the fee referred to in paragraph (1) is to be paid in accordance with paragraph (2), and the fee is not paid in accordance with that paragraph, the Secretary of State will not consider the application for registration or naturalisation.
Fee for the administration of a citizenship oath, or oath and pledge
19
1
In respect of a service to which article 4(2)(f) of the 2007 Order applies, namely the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony), the fee to be paid for the provision of this service is £5.
2
No fee is payable where the oath, or oath and pledge, is administered by a justice of the peace.
Fee for the supply of a certified copy etc.
20
In respect of a service to which article 4(2)(g) of the 2007 Order applies, namely the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former Nationality Acts or the 1997 Act, the fee to be paid for the provision of this service is £20.
We consent
Liam Byrne
Minister of State
Home Office
19th March 2007
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 2007


text:
Citation
1
This Order may be cited as the Manchester Mesivta School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Manchester Mesivta School, Beechwood, Charlton Avenue, Prestwich, M25 8PH, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Jewish
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the British Nationality (General and Hong Kong) (Amendment) Regulations 2007 and shall come into force on 3rd December 2007.
2
In these Regulations “the 2003 Regulations ” means the British Nationality (General) Regulations 2003 .
Amendment of the British Nationality (General) Regulations 2003
2
In regulation 2(2) of the 2003 Regulations (interpretation) omit “or Schedule 4”.
3
For regulation 7 of the 2003 Regulations (certificates of naturalisation) substitute —
Certificates of naturalisation
7
A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted —
a
full name;
b
date of birth; and
c
place and country of birth.
4
1
Schedule 2 to the 2003 Regulations (particular requirements as respects applications) is amended as follows.
2
In paragraphs 1, 2 and 12 (applications under sections 1(3), 1(4) and 5 of the Act) —
a
after “showing” insert “(a)”; and
b
at the end insert —
; and
b
where the applicant is aged 10 or over, that he is of good character.
.
3
In paragraphs 6 and 11 (applications under sections 3(5) and 4C of the Act) at the end insert —
; and
d
where the applicant is aged 10 or over, that he is of good character.
.
4
In paragraphs 7(1), 8(1) and 9 (applications under sections 4(2), 4(5) and 4A of the Act), at the end insert —
; and
c
where the applicant is aged 10 or over, that he is of good character.
.
5
In paragraph 13 (application under section 6(1) of the Act) at the end insert —
3
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity) , the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
6
In paragraph 14 (application under section 6(2) of the Act) at the end insert —
4
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
7
In paragraph 15 (application under section 10(1) of the Act) at the end insert —
; and
f
where the applicant is aged 10 or over, that he is of good character.
.
8
In paragraph 16 (application under section 10(2) of the Act) —
a
the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;
b
at the end insert —
; and
d
where the applicant is aged 10 or over, that he is of good character.
; and
c
after sub-paragraph (1) insert —
2
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
9
In paragraph 17 (application under section 13(1) of the Act) —
a
the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;
b
at the end insert —
; and
f
where the applicant is aged 10 or over, that he is of good character.
; and
c
after sub-paragraph (1) insert —
2
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
10
In paragraph 18 (application under section 13(3) of the Act) —
a
the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;
b
at the end insert —
; and
c
where the applicant is aged 10 or over, that he is of good character.
; and
c
after sub-paragraph (1) insert —
2
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
5
Schedule 4 to the 2003 Regulations (form of certificate of naturalisation as a British citizen) is omitted.
6
In Schedule 5 to the 2003 Regulations (requirements as respects declarations of renunciation) after paragraph 2 insert —
2A
If the declarant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the declaration shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
Amendment of the British Nationality (Hong Kong) Regulations 1986
7
In Schedule 2 to the British Nationality (Hong Kong) Regulations 1986 (requirements as respects declarations of renunciation), after paragraph 2 insert —
2A
If the declarant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the declaration shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
.
Liam Byrne
Minister of State
Home Office
26th October 2007


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Zoonoses (Monitoring) (England) Regulations 2007;
b
apply in England; and
c
come into force on 1st October 2007.
Interpretation
2
1
In these Regulations —
“the Directive” means Directive 2003/99/ EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/ EEC and repealing Council Directive 92/117/EEC ;
“inspector” means any person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority;
“local authority” means —
in any part of England where there is a unitary authority, that authority;
in any part of England 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,
in each London borough, the council of that borough;
in the City of London, the Common Council;
“unitary authority” means any authority that is the sole principal council for its local government area.
2
Expressions used in both these Regulations and the Directive have the same meaning in these Regulations as they have in the Directive.
Competent authority
3
The Secretary of State is the competent authority for the purposes of Articles 3(2), 6(1) and 8(2) of the Directive in so far as that Directive relates to animals.
Power of entry
4
1
An inspector shall, on producing (if so required) some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises on which any animal or animal feedingstuff is, or has been, present for the purpose of —
a
determining whether any zoonosis listed in the Schedule or any zoonotic agent of any such zoonosis exists or has existed there;
b
determining whether there is evidence of antimicrobial resistance in any such zoonotic agent or in any other agent that presents a threat to public health;
c
determining, if the epidemiological situation so requires, whether —
i
any other zoonosis or zoonotic agent exists or has existed there,
ii
there is evidence of antimicrobial resistance in any such zoonotic agent,
iii
any agent of any infection that exists or has existed on those premises is transmissible directly or indirectly from animals to humans, or
iv
any agent of any infection that is, or may be, transmissible directly from animals to humans exists, or has existed, on those premises; or
d
the enforcement of these Regulations.
2
Paragraph (1) does not apply to admission to any premises used only as a private dwelling-house unless —
a
24 hours’ notice of the intended entry has been given to the occupier; or
b
the entry is in accordance with a warrant granted under this regulation.
3
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations and —
a
admission has been refused, or a refusal is expected, and (in either case) notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if necessary by reasonable force.
4
A warrant under this regulation shall continue in force for one month.
5
If an inspector enters any unoccupied premises he must leave them as effectively secured against unauthorised entry as he found them.
6
In this regulation “premises” includes any land, place, vehicle or trailer, container, stall, moveable structure, ship or aircraft.
Powers of inspectors
5
An inspector entering premises under regulation 4 may —
a
carry out such inquiries, examinations and tests and take such samples (including any animal carcase or any part of any animal carcase, blood, faecal material, feeding stuff, litter or any animal product) as he considers necessary;
b
examine any records in whatever form and take copies or print-outs of those records;
c
mark, or cause to be marked, for identification purposes, any animal, animal carcase or thing in relation to which any of the powers under paragraph (a) or (b) have been exercised;
d
make inquiries of any person;
e
place any equipment (including any trap) on the premises for the purpose of capturing or monitoring any wild animal (including any arthropod vector) or for detecting any micro-organism;
f
take with him any person, vehicle or equipment that he considers necessary for the execution of these Regulations; and
g
take with him any representative of the European Commission.
Examination of isolates
6
1
A food business operator responsible for primary production who examines an isolate, or causes an examination of an isolate to be carried out, in order to detect the presence of any zoonosis or zoonotic agent must —
a
take all reasonable steps to ensure that the isolate is preserved for a period of at least two weeks from the date of the examination;
b
keep the results of the examination for a period of 12 months from receipt; and
c
supply those results to the Secretary of State immediately upon demand during that period.
2
Paragraph (1) does not apply to any sample taken for the purposes of the Poultry Breeding Flocks and Hatcheries (England) Order 2007 .
Monitoring wild animals
7
If the Secretary of State prepares a programme for the monitoring of zoonoses or zoonotic agents in wild animals that includes the taking of —
a
any sample from a live wild animal; or
b
any egg or sample from the temporary or permanent resting place or nest of a wild animal,
he must consult Natural England before monitoring commences.
Enforcement
8
1
These Regulations must be 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 he will enforce these Regulations instead of the local authority.
Offences and penalties
9
1
A person commits an offence if he —
a
administers any treatment to an animal with the intention of disguising any zoonosis or zoonotic agent;
b
defaces, obliterates or removes any mark applied under regulation 5(c) ;
c
removes or intentionally damages any equipment placed on premises under regulation 5(e) ;
d
fails to comply with regulation 6(1) ;
e
intentionally obstructs any person acting in the execution or enforcement of these Regulations;
f
gives any information that he knows to be false or misleading to any person acting in the execution or enforcement of these Regulations;
g
fails, without reasonable excuse —
i
to give any assistance or information that any person acting in the execution or enforcement of these Regulations may require him to give, or
ii
to produce any record that any person acting in the execution or enforcement of these Regulations may require him to produce,
for the performance of that person’s functions under these Regulations.
2
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
10
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and is 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.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
13th August 2007