text:
Citation and commencement
1
1
These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) Regulations 2008.
2
Subject to paragraph (3), these Regulations shall come into force on 29th February 2008.
3
Regulation 2(11) of these Regulations, in so far as it inserts regulations 20B to 20E, shall come into force on 1st April 2008.
Amendment
2
1
The Immigration and Nationality (Fees) Regulations 2007 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “assistance” insert —
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
b
after the definition of “dependant” insert —
“English charity” means —
subject to paragraph (b), a charity as defined in section 1 of the Charities Act 2006 ;
prior to the commencement of section 1 of the Charities Act 2006, a charity within the meaning of section 96 of the Charities Act 1993 ;
;
c
after the definition of “leave to remain” insert —
“Northern Ireland charity” means a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964 ;
;
d
after the definition of “school teacher” insert —
“Scottish charity” means a body entered in the Scottish Charity Register;
“small sponsor” means a sponsor that is either —
subject to paragraph (b) —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees;
prior to the commencement of sections 382 and 383 of the Companies Act 2006 —
a company that qualifies as small or medium sized for the purposes of section 247 of the Companies Act 1985 ; or
in the case of a person who is not a company for the purposes of section 247 of the Companies Act 1985 and therefore does not qualify as small or medium-sized in accordance with that section, a person who employs no more than 50 employees; or
a charity.
“sponsor” means a person who is granted a sponsorship licence;
“sponsorship licence” means a licence granted by the Secretary of State to a person who, by virtue of such grant, is licensed as a sponsor;
.
3
Omit regulation 4 (Fees for applications for leave in the United Kingdom).
4
After regulation 5 (Fees for applications for leave in the United Kingdom) insert —
5A
1
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 as a Tier 1 (General) migrant under the immigration rules, the fee is that specified in paragraph (2).
2
The fee is —
a
subject to sub-paragraph (b), £750 for an application made by post or courier; or
b
£350 for an application made by post or courier by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.
3
This regulation is subject to regulations 9, 12, 13 and 14.
5B
1
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), where such application is made in person at the relevant Public Enquiry Office of the Border and Immigration Agency of the Home Office, the fee is £595.
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 person intending to establish himself in business;
f
as an innovator;
g
as an investor;
h
as a retired person of independent means;
i
as a sole representative,
j
as a student;
k
to re-sit an examination;
l
to write up a thesis;
m
as a student union sabbatical officer; or
n
as a prospective student,
under the immigration rules.
3
This regulation is subject to regulations 7, 11, 12, 13 and 14.
.
5
In regulation 7, (Exceptions in respect of fees for leave to remain applications) omit “indefinite”.
6
In regulation 9, (Exceptions in respect of fees for leave to remain applications), for “4” substitute “5A”.
7
In regulation 10, (Exceptions in respect of fees for leave to remain applications), omit “, 4”.
8
In regulation 11, (Exceptions in respect of fees for leave to remain applications), after “regulation” insert “5B or”.
9
In regulation 12, (Exceptions in respect of fees for leave to remain applications), omit “4,” and after “5” insert “,5A, 5B”.
10
In regulation 17 (Fees for immigration employment documents) omit “, or remain in,”.
11
After regulation 20 (Fees for nationality applications) insert —
Fees for sponsorship applications
20A
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is not in respect of a person who if granted a sponsorship licence would be a small sponsor, the fee is £1000.
Fees for entry clearance applications
20B
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies —
a
subject to sub-paragraph (b), where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules, the fee is £600;
b
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is made by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £200;
c
where the application is for entry clearance for settlement in the United Kingdom, the fee is £515;
d
where the application is for entry clearance to the United Kingdom other than —
i
for the purposes listed in sub-paragraphs (a) to (c);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
outside the immigration rules on an application by entertainers as referred to in Chapter 17 Section 3 of the Immigration Directorate’s Instructions dated April 2007 ;
v
outside the immigration rules on an application by sportsmen and sportswomen as referred to in Chapter 17 Section 8 of the Immigration Directorate’s Instructions dated August 2001;
vi
outside the immigration rules on an application by voluntary workers as referred to in Chapter 17 Section 9 of the Immigration Directorate’s Instructions dated July 2003; or
vii
for passing through the United Kingdom, the fee is £205.
2
This regulation is subject to regulation 20C and regulation 20D.
Exceptions and waivers in respect of fees for entry clearance applications
20C
No fee is payable in relation to an application referred to in regulation 20B where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
20D
The official determining the application may waive the payment of a fee required under regulation 20B where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy.
Fee for a certificate of entitlement to the right of abode
20E
In the case of an application to which article 3(2)(lb) of the 2007 Order applies, where such application is made by an applicant who is outside the United Kingdom the fee is £205.
.
Liam Byrne
Minister of State
Home Office
27th February 2008
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2008


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Trinity Anglican-Methodist Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Trinity Anglican-Methodist Primary School, Marjoram Way, Portishead, Bristol, BS20 7JS, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination 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 Church of England/Methodist.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2008 and comes into force on the day after the day on which it is made.
Audit of bodies by the Comptroller and Auditor General
2
The accounts of the bodies listed in the Schedule to this Order that relate to financial years ending on or after 31st March 2008 shall be audited by the Comptroller and Auditor General.
Independent Living Fund (2006)
3
1
The trustees of the Independent Living Fund (2006) shall send a copy of the accounts of the Fund for each financial year ending on or after 31st March 2008 to the Comptroller and Auditor General as soon as is reasonably practicable.
2
The Comptroller and Auditor General shall —
a
examine, certify and report on accounts received under this article; and
b
send a copy of the accounts and the report to the Secretary of State who shall lay them before Parliament.
NHS Direct National Health Service Trust
4
1
Section 53 of the Audit Commission Act 1998 (interpretation) is amended as follows.
2
In subsection (1), in the definition of “health service body”, after “Special Health Authority” insert “or NHS Direct National Health Service Trust ”.
5
1
Schedule 4 to the National Health Service Act 2006 (NHS Trusts established under section 25) is amended as follows.
2
In paragraph 12, after sub-paragraph (2) insert —
2A
In the case of NHS Direct National Health Service Trust the reference to a report under section 8 of the Audit Commission Act 1998 has effect as a reference to a report under paragraph 6(2) of Schedule 15 to this Act.
6
1
Schedule 15 to the National Health Service Act 2006 (accounts and audit) is amended as follows.
2
In paragraph 1 after sub-paragraph (2) insert —
3
References in this Schedule to “NHS Direct” are to NHS Direct National Health Service Trust.
3
In paragraph 4(1) the words from “a Special Health Authority” to the end become paragraph (a) and after that paragraph insert —
, or
b
NHS Direct (as to which, see paragraph 6).
4
In paragraph 5(1) —
a
for “not” substitute “neither”, and
b
after “Authority” insert “nor NHS Direct”.
5
In paragraph 5(3) for “Special Health Authority that is an NHS body” substitute “NHS body that is a Special Health Authority or NHS Direct”.
6
In paragraph 6(1) for “a Special Health Authority that is an NHS body” substitute “an NHS body that is a Special Health Authority or NHS Direct”.
7
In paragraph 6(3) for “Special Health Authority” substitute “body”.
The Royal Ulster Constabulary GC Foundation
7
1
Regulation 11 of the Royal Ulster Constabulary GC Foundation Regulations 2002 (accounts relating to the Foundation) is amended as follows.
2
In paragraph (c), for the first occurrence of “Secretary of State” substitute “Comptroller and Auditor General”.
3
After Regulation 11 insert —
11A
The Comptroller and Auditor General shall —
a
examine, certify and report on a statement received under Regulation 11; and
b
send a copy of the statement with the report to the Secretary of State who shall lay them before Parliament.
Ombudsman for the Board of the Pension Protection Fund
8
After section 212 of the Pensions Act 2004 (annual reports to the Secretary of State) insert —
Accounts and audit
212A
1
As soon as is reasonably practicable, the PPF Ombudsman shall send to the Comptroller and Auditor General a statement of the PPF Ombudsman’s accounts in respect of a financial year.
2
The Comptroller and Auditor General shall —
a
examine, certify and report on a statement received under this section; and
b
send a copy of the statement and the report to the Secretary of State who shall lay them before Parliament.
3
In this section “financial year” means a period of 12 months ending with 31st March.
Pensions Ombudsman
9
In section 145 of the Pension Schemes Act 1993 (the Pensions Ombudsman) after subsection (7) insert —
8
As soon as is reasonably practicable, the Pensions Ombudsman shall send to the Comptroller and Auditor General a statement of the Pensions Ombudsman’s accounts in respect of a financial year.
9
The Comptroller and Auditor General shall —
a
examine, certify and report on a statement received under this section; and
b
send a copy of the statement and the report to the Secretary of State who shall lay them before Parliament.
10
In this section “financial year” means a period of 12 months ending with 31st March.
Transition
10
The amendments made by this Order apply only in relation to financial years ending on or after 31st March 2008.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2008


text:
PART 1 GENERAL AND COMMENCEMENT OF 2007 ACT
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 and shall come into force —
a
in respect of article 12 , on 4th May 2009; and
b
in all other respects, on 3rd November 2008 immediately after the coming into force of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 .
2
In this Order —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 2007 Act ” means the Mental Health Act 2007;
“ ACUS community patient” has the meaning given by article 10(2) of this Order;
“ACUS patient” means any patient who was subject to after-care under supervision immediately before the commencement day and who remains so subject in accordance with provision made by this Order;
“commencement day” means the day that section 36 of the 2007 Act comes into force in accordance with article 2 of this Order;
“community responsible medical officer” has the meaning given by section 34(1) of the 1983 Act immediately before the coming into force of this Order; and
“subject to after-care under supervision” has the meaning given by section 25A(2) of the 1983 Act immediately before the coming into force of this Order.
3
An expression used in this Order and in the 1983 Act has the same meaning in this Order as it has in that Act.
4
In any of the provisions of the 1983 Act which are saved or which are modified in relation to an ACUS patient or an ACUS community patient by this Order, a reference to —
a
the approved social worker shall be construed as a reference to the approved mental health professional;
b
the responsible medical officer shall be construed as a reference to the responsible clinician.
Commencement of provisions of the 2007 Act and consequential amendments and repeals
2
The following provisions of the 2007 Act shall come into force on 3rd November 2008 —
a
section 1(4) (removal of categories of mental disorder), insofar as it gives effect to paragraph 13 of Schedule 1;
b
section 32(4) (community treatment orders, etc ), insofar as it gives effect to paragraphs 16, 17, 21(4), 23, 24 and 25 of Schedule 3;
c
section 36 (repeal of provisions for after-care under supervision);
d
section 55 (repeals and revocations), insofar as it gives effect to Part 5 of Schedule 11.
PART 2 ACUS PATIENTS: SAVINGS, MODIFICATIONS AND TRANSITIONAL PROVISIONS
ACUS patients
3
This Part of this Order shall apply in relation to an ACUS patient and such a patient shall —
a
continue to be subject to after-care under supervision,
b
have their case dealt with, and
c
cease to be subject to after-care under supervision,
in accordance with the following provisions.
Savings
4
1
Notwithstanding the coming into force of the provisions of the 2007 Act specified in article 2 of this Order, the following provisions of the 1983 Act shall continue to have effect in relation to an ACUS patient —
a
the definitions of “severe mental impairment”, “mental impairment” and “psychopathic disorder” in section 1(2) (application of Act: “mental disorder”), insofar as they relate to sections 25A(4) (application for supervision), 25G(4) (duration and renewal of after-care under supervision) and 72(4A) (powers of tribunals);
b
subsections (2), (4) (insofar as it relates to section 72(4A)) and (8) of section 25A (application for supervision);
c
subsections (6) and (7) of section 25C (supervision applications: supplementary);
d
section 25D (requirement to secure receipt of after-care under supervision);
e
section 25E (review of after-care under supervision etc);
f
section 25F(1) (reclassification of patient subject to after-care under supervision), where a report referred to in that section was furnished by a responsible medical officer prior to the commencement day, insofar as it relates to sections 66(1)(gb) and 66(2)(d) (applications to tribunals);
g
subsections (2) and (4) of section 25F (reclassification of patient subject to after-care under supervision);
h
the following subsections of section 25G (duration and renewal of after-care under supervision) —
i
subsection (1), subject to article 7 ;
ii
subsections (2), (3) and (7) insofar as they operate to renew a period of after-care under supervision that would otherwise end prior to the commencement day, subject to article 7 ;
iii
subsection (4), insofar as it relates to subsection (3) of that section and section 72(4A) (powers of tribunals);
i
section 25H (ending of after-care under supervision);
j
section 25I(1)(a) (special provisions as to patients sentenced to imprisonment etc) and subsection (2) of that section insofar as it relates to section 25I(1)(a);
k
the definitions of “the community responsible medical officer” and “the supervisor” in section 34(1) (interpretation of Part 2);
l
section 34(1A) (interpretation of Part 2);
m
paragraphs (ga), (gb) and (gc) of section 66(1) (applications to tribunals);
n
section 66(2)(fa) (applications to tribunals);
o
section 72(4A) (powers of tribunals), subject to article 5 ;
p
section 117(2A) (after-care);
q
section 127(2A) (ill-treatment of patients);
r
the definitions of “supervision application” and “responsible after-care bodies” in section 145(1) (interpretation), and
s
section 145(1A) (interpretation).
2
None of the provisions saved by paragraph (1) shall operate to allow a Primary Care Trust or a Local Health Board to accept a supervision application on or after the commencement day.
Transfer of Mental Health Review Tribunal functions
5
As regards England, where an order has been made under section 30 of the Tribunals, Courts and Enforcement Act 2007 (transfer of functions of certain tribunals) transferring the functions of a Mental Health Review Tribunal for a region of England to the First-tier Tribunal established by section 3 of that Act (the First-tier Tribunal and the Upper Tribunal), the reference in section 72(4A) of the 1983 Act (powers of tribunals), as saved by this Order, to a Mental Health Review Tribunal shall be read as a reference to the First-tier Tribunal.
Consequential modifications to the 1983 Act
6
The following provisions of the 1983 Act shall be modified in their application to an ACUS patient as follows —
a
insofar as it relates to sections 25A(4), 25G(4) and 72(4A), in section 1(2), in the definition of “mental disorder”, for “any disorder or disability of the mind” substitute “mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind”;
b
in section 17A (community treatment orders) —
i
in subsection (1), for “responsible clinician” substitute “community responsible medical officer” and for “discharge a detained patient from hospital” substitute “direct that a patient subject to after-care under supervision cease to be subject to such supervision,”;
ii
in subsection (4), for “responsible clinician” substitute “community responsible medical officer”;
iii
in subsection (5)(c), for “without his continuing to be detained in hospital” substitute “without his being detained in hospital”; and
iv
in subsection (6), for “responsible clinician” substitute “community responsible medical officer”;
c
in section 17B(2) (conditions in community treatment orders), for “responsible clinician” substitute “community responsible medical officer”;
d
in section 32(2)(c) (regulations for purposes of Part 2), after “guardianship” insert “or to after-care under supervision”;
e
in section 33 (special provisions as to wards of court), after subsection (4), insert —
5
Where a supervision application has been made in respect of a minor who is a ward of court, the provisions of this Part of this Act relating to after-care under supervision have effect in relation to the minor subject to any order which the court may make in the exercise of its wardship jurisdiction.
;
f
in section 66 (applications to tribunals) —
i
in subsection (1)(i), at end, insert “or, in the cases mentioned in paragraphs (ga), (gb) and (gc), by his nearest relative if he has been (or was entitled to be) informed under this Act of the report or acceptance, and”;
ii
in subsection (2)(c), after “paragraph (c)” insert “or (ga)”;
iii
in subsection (2)(d), for “in the case mentioned in paragraph (g)” substitute “in the cases mentioned in paragraphs (g) and (gb)”;
g
in section 67(1) (references to tribunals by Secretary of State concerning Part 2 patients), after “or subject to guardianship” insert “or to after-care under supervision”;
h
in section 76(1) (visiting and examination of patients), after “subject to guardianship” insert “or to after-care under supervision (or, if he has not yet left hospital, is to be subject to after-care under supervision after he leaves hospital)”;
i
in section 77(3) (general provisions concerning tribunal applications), in paragraph (c), after “subject to guardianship” insert “or to after-care under supervision”;
j
in section 117(2) (after-care), after “such a patient” insert “or in the case of a patient subject to after-care under supervision at any time while he remains so subject”;
k
in section 118(1)(a) (code of practice), after “guardianship” insert “, after-care under supervision”, and
l
in Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) —
i
paragraph 1, after “24(3) and (4),” insert “25C(6) and (7),”, and
ii
paragraph 2, after “23,” insert “25A(2), (4) (insofar as it relates to section 72(4A)) and (8)”.
Renewal and extension of period of after-care under supervision for certain patients
7
Where, apart from this article, the period of an ACUS patient’s after-care under supervision, as determined in accordance with section 25G of the 1983 Act (duration and renewal of after-care under supervision), would end within the period of seven days beginning on the commencement day, the period of that patient’s after-care under supervision shall continue until the end of 9th November 2008.
Duty to determine certain matters in respect of ACUS patients
8
1
The community responsible medical officer of an ACUS patient must, during the review period, determine whether, in respect of the patient —
a
the grounds for the making of an application for admission for assessment, as set out in section 2(2) of the 1983 Act, are met;
b
the grounds for the making of an application for admission for treatment, as set out in section 3(2) of the 1983 Act, are met;
c
the grounds for the making of a guardianship application, as set out in section 7(2) of the 1983 Act, are met;
d
the relevant criteria for the making of a community treatment order, as set out in section 17A(5) of the 2007 Act (as modified by this Order), are met, or
e
none of the grounds or the criteria referred to above are met.
2
The “review period” referred to in paragraph (1) is the period beginning on the commencement day and ending on the earlier of —
a
the end of 3rd May 2009; and
b
the end of the period of after-care under supervision as determined in accordance with section 25G(1) or (7) of the 1983 Act or article 7 , as the case may be.
3
In order to make a determination under paragraph (1) , the community responsible medical officer must have personally examined the patient within the period of fourteen days ending with the date of the determination.
4
Before making a determination under paragraph (1) , the community responsible medical officer must comply with the same requirements of section 25H(3) of the 1983 Act with which that officer would be required to comply if making a direction under section 25H(1) of that Act.
5
Where the community responsible medical officer determines in accordance with paragraph (1) that, in respect of the patient —
a
the grounds for the making of an application for admission for assessment, an application for admission for treatment or a guardianship application are met, then that officer may make a recommendation for the purposes of such an application;
b
the criteria for the making of a community treatment order are met, then that officer may, subject to section 17A(4) of the 1983 Act (community treatment orders) (as modified by this Order), make a community treatment order in respect of the patient, or
c
none of the grounds or the criteria referred to are met, then that officer must direct that the patient cease to be subject to after-care under supervision in accordance with section 25H of the 1983 Act (ending of after-care under supervision), and subsection (3) of that section shall be taken to have been complied with by virtue of having complied with the same requirements for the purposes of paragraph (4) .
6
Where the community responsible medical officer makes one of the recommendations referred to in paragraph (5) (a) —
a
that recommendation must comply with the requirements of section 12 of the 1983 Act (general provisions as to medical recommendations) and must also comply with —
i
section 2(3) of the 1983 Act in the case of a recommendation for the purposes of an application for admission for assessment;
ii
section 3(3) of the 1983 Act in the case of a recommendation for the purposes of an application for admission for treatment;
iii
section 7(3) of the 1983 Act in the case of a recommendation for the purposes of a guardianship application; and
b
that officer must immediately notify the local social services authority of the making of the recommendation.
7
The notification by a community responsible medical officer of the making of a recommendation under paragraph (6)(b) shall be sufficient reason for the local social services authority in whose area the ACUS patient is resident to think that an application for admission to hospital or a guardianship application may need to be made in respect of that patient for the purposes of section 13(1) of the 1983 Act (duty of approved mental health professionals to make applications for admission or guardianship).
8
Where the community responsible medical officer makes a community treatment order in respect of an ACUS patient, that officer must, with respect to the making of that order, comply with the requirements of —
a
the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 where the responsible hospital is to be a hospital in England;
b
such Regulations in respect of Wales as are made by the Welsh Ministers for similar purposes to those in paragraph (a) where the responsible hospital is to be a hospital in Wales;
and for that purpose, insofar as those Regulations relate to the making of a community treatment order, a reference to the responsible clinician shall be read as a reference to the community responsible medical officer.
Ending of after-care under supervision
9
An ACUS patient shall cease to be subject to after-care under supervision and shall cease to be an ACUS patient upon the earliest of —
a
the patient ceasing to be subject to after-care under supervision in accordance with —
i
section 25G of the 1983 Act (duration and renewal of after-care under supervision);
ii
section 25H(1) of the 1983 Act (ending of after-care under supervision);
iii
section 25H(5) of the 1983 Act (ending of after-care under supervision);
iv
section 72(4A) of the 1983 Act (powers of tribunals);
b
the patient being admitted to hospital in pursuance of an application for admission for assessment, where one of the medical recommendations on which that application is founded was made by the community responsible medical officer under article 8(5)(a) ;
c
a community treatment order being made in respect of the patient;
d
the expiry of fourteen days beginning with the making of a determination by the community responsible medical officer under article 8 , and
e
the end of 3rd May 2009.
PART 3 ACUS COMMUNITY PATIENTS: MODIFICATIONS AND TRANSITIONAL PROVISIONS
ACUS community patients
10
1
This Part of this Order shall apply in relation to an ACUS community patient.
2
An ACUS community patient is a patient in respect of whom a community treatment order made by the community responsible medical officer in accordance with the 1983 Act as modified by Part 2 of this Order is in force, including being in force by virtue of an extension to the community treatment period in accordance with section 20A of the 1983 Act (community treatment period).
Modifications to the community treatment order provisions of the 1983 Act
11
The following provisions of the 1983 Act shall be modified in their application to an ACUS community patient as follows —
a
in section 17A(7) (community treatment orders), for the definition of “the responsible hospital”, substitute —
“the responsible hospital”, in relation to such a patient, means —
the hospital in which he was liable to be detained immediately before being placed on after-care under supervision, and where such a hospital no longer exists, the successor hospital to that hospital; or
such other hospital —
as the community responsible medical officer, with the agreement of the managers of that hospital, may direct; or
where no hospital referred to in (a) is available and no agreement referred to in (i) can be reached, as the Secretary of State (where the patient lives in England) or the Welsh Ministers (where the patient lives in Wales) may direct.
;
b
section 17C (duration of community treatment order) shall be read as if paragraph (c) were omitted;
c
in section 17D (effect of community treatment order) —
i
omit subsection (1);
ii
for subsection (2), substitute —
2
While he remains a community patient, a reference (however expressed) in this or any other Act, or in any subordinate legislation (within the meaning of the Interpretation Act 1978), to patients liable to be detained, or detained, under this Act, shall not include him.
;
iii
omit subsection (4);
d
in section 17G (effect of revoking community treatment order) —
i
for subsection (2), substitute —
2
For the purposes of section 6(2) above, the reference to the application under subsection (1) in that provision shall be taken to be a reference to the order made under section 17F(4) above
, and
ii
for subsection (5), substitute —
5
For the purposes of this or any other Act, the patient shall be treated as if he had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the order is revoked.
, and
e
in section 20B(1) (effect of expiry of community treatment order), omit “, and the application for admission for treatment cease to have effect”.
PART 4 REVOCATION
Revocation of Mental Health (After-care under Supervision) Regulations 1996
12
The Mental Health (After-care under Supervision) Regulations 1996 are revoked.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State
Department of Health
28th April 2008


text:
Citation and commencement
1
These Regulations may be cited as the Student Fees (Qualifying Courses and Persons) (England) (Amendment) Regulations 2008 and come into force on 1st September 2008.
Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007
2
The Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 are amended as follows.
3
In regulation 2 after the definition of “course for the initial training of teachers” insert —
“equivalent or lower qualification” has the meaning given in regulation 2 of the Education (Student Support) (No.2) Regulations 2008 .
4
In regulation 5 —
1
For paragraph (2) substitute the following —
2
Subject to the exceptions in paragraphs (3), (4) and (4A), a person is not a qualifying person if —
a
the person holds a higher education qualification; and
b
the qualifying course leads to a qualification which is an equivalent or lower qualification.
2
After paragraph (4) insert the following —
4A
Paragraph (2) does not apply where the qualifying course is a foundation degree.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
23rd June 2008


text:
1
This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008.
2
1
Apart from the provisions mentioned in paragraph (2), the Corporate Manslaughter and Corporate Homicide Act 2007 shall, to the extent that it is not already in force, come into force on 6th April 2008.
2
Those provisions are —
a
section 2(1)(d) (duty owed to a person in custody etc. to be a relevant duty of care);
b
section 10 (power to order conviction etc. to be publicised).
3
In relation to anything done or omitted before section 2(1)(d) comes into force —
a
section 20 (abolition of the common law offence of manslaughter by gross negligence in its application to corporations and other organisations) does not apply to an offence committed by the breach of any such duty as is referred to in section 2(1)(d);
b
section 2 has effect with the omission of —
i
subsection (2), and
ii
the definitions in subsection (7) of expressions used in subsection (2),
except that those provisions have effect for the purposes of paragraph (a) above.
c
sections 3(2), 5(3) and 7(1) have effect as if “section 2(1)(a) or (b)” were substituted for “section 2(1)(a), (b) or (d)”.
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
14th February 2008


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Hill Farm Allowance Regulations 2008;
b
come into force on 7th February 2008;
c
apply only in relation to holdings situated wholly or partly in England.
Interpretation
2
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for hill farm allowance made in a single payment scheme application;
“claimant” means a person who has made a claim;
“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;
“Commission Regulation 796/2004” means Commission Regulation ( EC ) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;
“Commission Regulation 1973/2004” means Commission Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials ;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 ;
“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 1782/2003” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food;
“ewe” means a female sheep which was at least one year old on 1st January 2008, or had lambed by that date;
“forage area” has the same meaning as in Article 131(2)(b) of Council Regulation 1782/2003;
“heifer” means a female bovine animal aged 8 months or over which has not yet calved;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 2(b) of Council Regulation 1782/2003;
“individual reference quantity of milk” has the same meaning as in Article 117(2) of Commission Regulation 1973/2004;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers under the age of 24 months; and
6.67 ewes;
“moorland” means all the land shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2007”, each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs;
“notional livestock density” means the number of livestock units per hectare of the claimant’s disadvantaged land and severely disadvantaged land, calculated in accordance with Schedule 1;
“other competent authority” means the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” means non-rotational land used for grass production (sown or natural) on a permanent basis (five years or longer) excluding land set aside under Article 6 of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops and Article 54 of Council Regulation 1782/2003;
“qualifying forage area” means the claimed forage area or, where regulation 6 applies, such part of that area as remains following deductions made to it in accordance with that regulation;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;
“relevant animals” means, in relation to a claimant, the breeding cows and ewes determined as relevant animals in accordance with Schedule 5;
“relevant forage area” means any claimed forage area that is disadvantaged land or severely disadvantaged land;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 1782/2003;
“single payment scheme application” means an application to the single payment scheme submitted in 2007 in accordance with Article 34 of Council Regulation 1782/2003 and Title II of Part II of Commission Regulation 796/2004;
“suckler cow” has the same meaning as in Article 122(d) of Council Regulation 1782/2003.
Payment of hill farm allowance
3
1
The Secretary of State must pay hill farm allowance for 2008 to a claimant who is eligible under regulation 4.
2
The Secretary of State must only pay such allowance in respect of eligible forage area that does not exceed 700 hectares.
Eligibility for hill farm allowance
4
1
A claimant who satisfies the conditions in paragraph (2) is eligible for hill farm allowance.
2
The conditions are that —
a
the claim relates to at least —
i
ten hectares of severely disadvantaged land in England, or
ii
one hectare of severely disadvantaged land in England, where the claimant is eligible for a related less favoured area allowance in another part of the United Kingdom;
b
the land referred to in sub-paragraph (a) —
i
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2007 to 31st March 2007 inclusive, and
ii
during that seven-month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of at least four months; and
c
the notional livestock density is not less than 0.15 (unless paragraph (5) applies).
3
But a claimant who is in breach of the agricultural undertaking is not eligible for hill farm allowance, unless the Secretary of State considers it reasonable in all the circumstances that the breach should not affect the claimant’s eligibility.
4
For the purposes of paragraph (3), a claimant who ceases to farm does not breach that undertaking provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
5
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient given the circumstances of any particular case or group of cases, including the results or likely results of disease on notional livestock density.
6
A claimant must provide such information as the Secretary of State reasonably requires to enable such a determination to be made.
7
The Secretary of State must notify the claimant of any such determination in writing or, where the determination is made in relation to more than one case, publish that determination in such way as the Secretary of State thinks fit.
8
For the purposes of paragraph (2)(b), land is available to be used for grazing or to have a forage crop taken from it if it is not so available only as a result of an agri-environment agreement.
9
In this regulation, “agri-environment agreement” means —
a
an agreement made as part of a scheme made under Article 39 of Council Regulation 1698/2005, or
b
such other agreement involving environmental commitments as the Secretary of State thinks fit.
10
In paragraph (3), the “agricultural undertaking” means the undertaking given in the claimant’s claim to pursue farming activity in a less favoured area for at least five years from the date of the first payment to that person made under these Regulations or any of the Hill Farm Allowance Regulations 2003 to 2007 .
11
This regulation and regulation 5 are subject to Article 51 of Council Regulation 1698/2005 (reduction or cancellation of payments).
Amount of payment
5
1
The Secretary of State must pay hill farm allowance at the rates specified in this regulation.
2
For the qualifying forage area of land specified in column 1 of the table in Schedule 2, the rate payable per hectare is that specified in —
a
column 2 of that table for the first 350 hectares, and
b
column 3 for the next 350 hectares.
3
The amount of any payment must be increased by 5% if either condition A or condition B is met, and by 10% if both those conditions are met.
4
Condition A is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with arable crops in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2002.
5
Condition B is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with woodland in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2002.
6
The Secretary of State may also increase the amount of any payment by up to 10% if the fund available for hill farm allowance is greater than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is smaller than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be greater than anticipated.
7
The Secretary of State may decrease it by up to 10% if that fund is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is greater than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be smaller than anticipated.
8
Any increase applied under paragraph (6) or decrease applied under paragraph (7) must be applied in respect of each claimant’s payment.
9
In paragraphs (4) and (5), “other financial support” does not include financial support from the single payment scheme.
10
The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.
Deductions from claimed forage area
6
Where an individual reference quantity of milk is available to a claimant, Schedule 3 (deductions from claimed forage area) has effect.
Holdings situated partly outside England
7
Schedule 4 (holdings situated partly outside England) has effect.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
12th January 2008


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2008 and come into force on 14th May 2008.
Amendments
2
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 are amended as follows.
3
For regulation 6 substitute the following —
Date on which eligible land must be at the farmer’s disposal
6
In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 44(3) of the Council Regulation, the date on which those parcels must be at the farmer’s disposal is 15 th May.
.
4
For regulation 9 substitute the following —
Horticulture
9
1
This regulation applies in relation to permanent fruit and vegetable crops and nurseries.
2
Pursuant to the derogation in the second sub-paragraph of Article 51 of the Council Regulation, parcels declared in accordance with the first sub-paragraph of that Article may not be used for production of permanent fruit and vegetable crops or nurseries until 1st January 2009; and “eligible hectare” is to be construed accordingly for the purposes of applying the Community instruments referred to in these Regulations.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
18th April 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (No. 2) (England) Regulations 2008 and shall come into force on 31st December 2008.
2
These Regulations apply to applications for grants which fall to be approved on or after 31st December 2008 by local housing authorities in England.
Amendment of the Housing Renewal Grants Regulations 1996
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with regulation 3.
3
1
Schedule 3 is amended as follows —
a
after paragraph 4A insert —
4B
Any amount of working tax credit or child tax credit paid to a relevant person.
;
b
after paragraph 50 insert —
50A
Where a member of the armed forces is —
a
in receipt of retired pay or a pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 and the retired pay or pension is in respect of disablement the degree of which is not less than eighty per cent ; and
b
in receipt of constant attendance allowance payable under article 8 of that Order,
any such retired pay, pension or constant attendance allowance paid to that member pursuant to that Order.
50B
Any guaranteed income payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 where the guaranteed income payment relates to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order.
.
2
Schedule 4 is amended as follows —
a
for paragraph 6 substitute —
6
Where a relevant person —
a
is in receipt of income support, income based job-seeker’s allowance, guarantee credit, housing benefit or council tax benefit; or
b
is a member of a couple and the other member of that couple is in receipt of guarantee credit,
the whole of his capital.
;
b
in paragraph 9 for sub-paragraph (f) substitute —
f
any working tax credit or child tax credit.
;
c
after paragraph 66 insert —
67
Any lump sum, additional multiple injury lump sum or additional lump sum paid pursuant to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 where the payment relates to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order.
.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd December 2008
We consent,
Frank Roy
Steve McCabe
Two of the Lords Commissioners of her Majesty’s Treasury
3rd December 2008


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2008 and shall come into force on 1st April 2008.
Amendment of the Financial Services and Markets Act 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In Part III of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1)) after paragraph 34A insert —
34B
Capital for Enterprise Limited, in so far as in carrying on any regulated activity it provides services only to the Crown.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Approval of a Code of Management Practice) (Student Accommodation) (England) Order 2008 and shall come into force on 1st October 2008.
2
This Order shall apply in relation to premises in England only.
Approval of code of practice
2
The ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments, which is dated 28th August 2008 and which lays down standards of conduct and practice to be followed with regard to the management of —
a
houses in multiple occupation that are occupied solely or principally by persons who occupy them for the purpose of undertaking a full-time course of further or higher education ; or
b
buildings falling within paragraph 4 of Schedule 14 to the Housing Act 2004 (buildings occupied by students) ,
is approved for the purposes of section 233 of that Act.
Withdrawal of approval of code of practice
3
1
The approval of the Accreditation Network UK /Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 20th February 2006 (“the 2006 Code ”) is withdrawn.
2
The Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2006 , which approved the 2006 Code, is amended by the omission of paragraph 2(2)(b).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
2nd September 2008


text:
Citation and Commencement
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008 and shall come into force on 19 February 2008.
Appointed day
2
The day appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 14 February 2009, being not more than twelve months after the day on which this Order is made or later than 27 February 2010.
Revocation
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007 is revoked.
Shaun Woodward
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
18th February 2008


text:
PART 1 General
Citation and Commencement
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2008 and come into force on 14 November 2008.
Application
2
Part 2 applies to England only .
Amendment of Regulations
3
These Regulations amend the Education (Student Loans) (Repayment) Regulations 2000 as follows: —
PART 2 Amendments consequent on the Sale of Student Loans Act 2008 and amendments to Part 6
Amendment of Definitions
4
1
In regulation 2 insert in the appropriate place —
a
“the 2008 Act ” means the Sale of Student Loans Act 2008;
;
b
“further transfer arrangements” has the meaning given to it in the 2008 Act;
;
c
“loan purchaser” in addition to the meaning given to it in the 2008 Act includes any person who has entered into transfer arrangements or further transfer arrangements with the Secretary of State or with another loan purchaser or both and who owns one or more student loans made pursuant to regulations under section 22 of the Act;
;
d
“transfer arrangements” has the meaning given to it in the 2008 Act;
;
e
“transferred loan” means any loan made to a borrower pursuant to regulations under section 22 of the Act and which has been the subject of transfer arrangements under the 2008 Act entered into by the Secretary of State;
.
2
At the end of the definition of “Secretary of State” in regulation 2, add “and 3(6)”.
3
At the end of the definition of “student loan” in regulation 2, insert “and 3(8)”.
Transferred loans
5
1
In the definition of “Secretary of State” in regulation 3(5), after the first occurrence of “regulation”, for “and regulation 4”, substitute “, regulation 4 and the definition of “transferred loan” in regulation 2”.
2
At the end of regulation 3, insert —
6
Where these Regulations apply to a transferred loan, “Secretary of State” means, for the purposes of those regulations listed in paragraph (7)(a), the loan purchaser and, for the purposes of those regulations listed in paragraph 7(b), the Secretary of State acting on behalf of the loan purchaser (regardless of whether any person is also exercising functions on behalf of the Secretary of State pursuant to section 23(4) of the Act).
7
For the purposes of this paragraph, the regulations listed are:
a
regulations 10, 11(5)(d) (i),(ii), (e)(i),(ii), and 12A;
b
regulation 9, regulation 11 (except 11(5)(d) (i),(ii), (e)(i),(ii)), regulations 13, 13A to 13F, and 60 to 67.
8
Where these Regulations apply to a transferred loan, “student loan” means, subject to any provision of transfer arrangements, the total outstanding principal, interest, penalties and charges, owed by the borrower to a loan purchaser pursuant to these or any other Regulations made under section 22 of the Act.
Repayments collected by HMRC in respect of transferred loans
6
1
In regulation 4(1) after “borrowers”, insert “(whether or not any loan of the borrower is a transferred loan)”.
2
After regulation 4(2), insert —
2A
HMRC shall account for and pay to the Secretary of State such sums as are referred to in paragraph (2) regardless of whether the Secretary of State is entitled to retain such repayments or receives them on behalf of a loan purchaser.
3
In regulation 4(3), for “Repayments”, substitute “Payments to the Secretary of State”.
7
1
After regulation 4 insert —
Transfer of other repayments due to a loan purchaser
4A
1
The Secretary of State must pay to a loan purchaser at such time and in such amount as may be agreed with the loan purchaser any sums which are paid directly to the Secretary of State in connection with transferred loans whether under Part 2 or 6.
2
The Secretary of State may make aggregate payments to a loan purchaser in respect of all or a number of transferred loans owned by that loan purchaser.
.
8
1
At the end of regulation 9(2)(b), omit “and”.
2
At the end of regulation 9(2)(c)(iii), omit “.” and insert —
; and
d
for the purposes of transferred loans, payment to the loan purchaser by the borrower shall be considered to have been received on the same date as payment is considered to have been received by the Secretary of State in accordance with this regulation.
.
Interest and Penalties
9
In regulation 10(2)(a), for “regulation 13C or regulation 13D”, substitute “regulations 13C, 13D or 67”.
Costs incurred on behalf of loan purchasers
10
For regulation 13D, substitute —
13D
1
Where the Secretary of State incurs reasonable costs or expenses in taking steps to–
a
serve an Information Notice on a borrower under regulation 13B(1),
b
serve a Penalty Notice on a borrower under regulation 13C(4), or
c
obtain the information requested in an Information Notice served under regulation 13B(1),
the Secretary of State may require the reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.
2
Where the Secretary of State incurs such costs or expenses as are referred to in paragraphs (1)(a) to (c) in respect of a transferred loan, the Secretary of State is entitled to recover such costs and expenses as are incurred on behalf of the loan purchaser and may add them to the borrower’s loan account.
3
Any sum added to the borrower’s loan account in accordance with paragraph (2) is owed to the loan purchaser.
.
Repayments of loans by persons required to submit a tax return
11
In regulation 14, after “payable under the Taxes Acts”, insert “(whether or not any loan of the borrower is a transferred loan)”.
Repayments of loans through deductions by employers
12
At the end of regulation 28, insert “(whether or not any loan of the borrower is a transferred loan).”.
13
In regulation 35(7) after “Secretary of State”, insert “or loan purchaser (as the case may be)”.
Costs and expenses in relation to repayment by overseas borrowers
14
After regulation 66, insert —
Costs and expenses of the Secretary of State
67
1
Where the Secretary of State incurs reasonable costs or expenses in taking steps —
a
resulting from a borrower’s failure to comply with regulation 60, to —
i
obtain a borrower’s address outside the United Kingdom; or
ii
obtain information about a borrower’s income during any period of residence outside the United Kingdom;
b
to serve a notice under regulation 61(1) in any of the circumstances set out in regulation 61(2); or
c
to recover the outstanding balance of the loan in full under regulation 66,
the Secretary of State may require reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.
2
Where the Secretary of State incurs such costs and expenses as are referred to in paragraphs (1)(a) to (c) in respect of a transferred loan, the Secretary of State is entitled to recover such costs as are incurred on behalf of the loan purchaser and may add them to the borrower’s loan account.
3
Any sum added to the borrower’s loan account in accordance with paragraph (2) is owed to the loan purchaser.
.
PART 3 Amendments relating to collection of repayments from employers
Amendment to Definitions and correction of drafting error
15
1
In regulation 2, —
a
at the end of the definition of “the Act” insert “as amended from time to time both before and after the date of these Regulations”;
b
before the definition of “inspector”, insert ““HMRC” means Her Majesty’s Revenue and Customs;”;
2
Paragraph 1 of the Schedule to The Education (Student Loans) (Repayment) (Amendment) Regulations 2001 is revoked.
Definition of ‘combined amount’
16
In regulation 27 —
1
after the definition of “the 2003 Act”, insert —
“combined amount” means an amount which includes deductions of student loan repayments under this Part and one or more of the following:
tax due under the PAYE Regulations;
earnings-related contributions due under the Contributions Regulations; or
amounts due under the Income Tax (Construction Industry Scheme) Regulations 2005 .
2
In the definition of “Contributions Regulations”, for “1979” substitute “2001 ”.
Amendments to Regulation 39B (Notice of specified amount and certificate when repayments deducted not paid)
17
Regulation 39B is amended as follows: —
1
For paragraph (2), substitute —
2
Where this regulation applies, an officer of HMRC, upon consideration of the employer’s record of past payments, whether of student loan repayments or of combined amounts, may to the best of that officer’s judgment specify the amount in respect of student loan repayments or of a combined amount which that officer considers the employer is liable to pay, and serve notice on the employer of that amount.
.
2
In paragraph (5) —
a
after “tax period specified in the notice is”, insert “,or includes,”;
b
after “the full amount”, insert “of student loan repayments”.
3
In paragraph (6) —
a
omit the first occurrence of “in respect of student loan repayments”;
b
in sub-paragraph (a) after “in respect of student loan repayments”, insert “,or to include an amount in respect of student loan repayments,”;
4
In paragraph (7)(a), omit “in respect of student loan repayments”.
Amendments to regulation 40 (Recovery of repayments deducted)
18
Regulation 40 is amended as follows: —
1
In paragraph (1), for “under Schedule E”, substitute “as employment income under the 2003 Act.”;
2
In paragraph (1A) —
a
after “student loan repayments,”, insert “or a combined amount,”;
b
after the words “or such part of it as remains unpaid,”, insert “together with any interest payable on such amount,”;
c
in the last line for “item”, substitute “time”;
3
In paragraph (2) for “amount of tax”, substitute “other element of a combined amount”;
4
In paragraph (3) —
a
for sub-paragraph (b), substitute —
b
the total amount which the employer is liable to pay to an officer of HMRC as a combined amount including any amount under regulation 39,
;
b
omit sub-paragraphs (c) and (d).
c
in the text immediately following those sub-paragraphs after “without specifying the respective amounts”, insert “of any component of a combined amount”.
Amendments to regulation 41(Interest on unpaid amounts)
19
In regulation 41 after paragraph (4), insert —
4A
An officer of HMRC may prepare a certificate certifying the total amount of interest payable in respect of the whole of a combined amount without specifying to what component of the combined amount the interest relates and paragraph (4) shall apply to that certificate.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
12th October 2008


text:
1
These Regulations may be cited as the European Grouping of Territorial Cooperation (Amendment) Regulations 2008 and come into force on 6th April 2008.
2
1
The European Grouping of Territorial Cooperation Regulations 2007 are amended as follows.
2
In regulation 2(1), for ““the 1985 Act ” means the Companies Act 1985 ” substitute ““the 2006 Act ” means the Companies Act 2006 ”.
3
In regulation 2(2) —
a
in the definition of “ordinary resolution”, for “the 1985 Act” substitute “the 2006 Act”,
b
for the words from “by section 744 of the 1985 Act” substitute “in the 2006 Act.”.
4
Omit regulation 4(2).
5
For regulation 6(1) substitute the following —
1
The following provisions in the 2006 Act about accounts and audit shall apply as if a UK EGTC were a company entitled to prepare accounts in accordance with the small companies regime —
a
Chapter 2 of Part 15 (accounting records);
b
section 390 (financial year);
c
section 391 (accounting reference periods and accounting reference date), except that references to the date of being incorporated and of incorporation shall be treated as references to the date of publication in the Gazette of the EGTC’s statutes pursuant to these Regulations;
d
Chapters 4, 5 and 7 of Part 15 (annual accounts, directors’ report and publication);
e
Chapter 11 of Part 15 (revision of defective accounts and reports), except section 456(2) and (7);
f
section 464(2) (accounting standards);
g
section 469 (preparation and filing of accounts in euros);
h
section 471 (meaning of “annual accounts” and related expressions);
j
section 472 (notes to the accounts);
k
section 475 (requirement for audited accounts), except —
i
the words “section 477 (small companies), or” in subsection (1)(a);
ii
subsection (1)(b);
l
section 476 (right of members to require audit);
m
sections 480 and 481 (exemption from audit: dormant companies);
n
sections 495 and 496 (auditor’s report);
o
section 498 to 501 (duties and rights of auditors);
p
section 503 (signature of auditor’s report), except that the reference in subsection (3) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm;
q
section 505 (names to be stated in published copies of auditor’s report), except —
i
that the reference in subsection (1)(a) to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm, and
ii
subsection (1)(b).
.
6
Omit regulation 6(2).
7
Omit Part 1 of the Schedule.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs,
Department for Business, Enterprise and Regulatory Reform
12th March 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008.
2
In this Order —
“the 1968 Act ” means the Criminal Appeal Act 1968 ;
“the 1980 Act ” means the Criminal Appeal (Northern Ireland) Act 1980 ;
“the 2003 Act ” means the Criminal Justice Act 2003 ;
“the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed dates
2
1
The date appointed for the coming into force of the provisions of the 2008 Act specified in Schedule 1, is 14 July 2008.
2
The date appointed for the coming into force of paragraph 63 of Schedule 26 to, and section 148(1) of the 2008 Act so far as it relates to that paragraph, is 15 July 2008.
3
Paragraph (1) is subject to Schedule 2 (Transitional and Saving Provisions).
Signed by the authority of the Lord Chancellor and Secretary of State
David Hanson
Minister of State
Ministry of Justice
17 June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008; they come into force on 12th January 2009.
Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 2008
2
The Transmissible Spongiform Encephalopathies (England) Regulations 2008 are amended in accordance with regulations 3 to 9.
Amendment of regulation 2 (interpretation)
3
In regulation 2(1) in the definition of “Community TSE Regulation”, after sub-paragraph (b), insert —
c
Commission Decision 2008/908/EC authorising certain Member States to revise their annual BSE monitoring programme ;
.
Amendment of regulation 12 (appointment of inspectors)
4
For regulation 12 substitute —
12
The Secretary of State and the local authority may appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedules 7 and 8.
.
Amendment of regulation 20 (enforcement)
5
In regulation 20 for paragraph (2) substitute —
2
The Food Standards Agency enforces in slaughterhouses and cutting plants Schedule 7 and paragraphs 1A, 2 and 3 of Schedule 8.
.
Amendment of Schedule 2
6
In schedule 2 —
a
for paragraph 1 substitute —
Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation
1
1
For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession, or under their control, the body of a goat aged 18 months or over at death, must —
a
within 24 hours from the time when the animal died or was killed or the body came into their possession or under their control notify the Secretary of State; and
b
where the Secretary of State directs, detain it until it has been collected by or on behalf of the Secretary of State,
and failure to do so is an offence.
2
This paragraph does not apply in relation to goats slaughtered for human consumption or killed in accordance with Schedule 4.
Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community TSE Regulation
1A
1
For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession or under their control the body of a bovine animal that must be tested in accordance with point 3(1) of Part I of Chapter A of Annex III to that Regulation must, unless directed otherwise by the Secretary of State, within 24 hours either —
a
make arrangements with another person for that person to collect it and to deliver it to an approved sampling site within 72 hours; or
b
identify an approved sampling site that will carry out the sampling and deliver the animal to that site so as to arrive at the site within 72 hours,
and failure to do so is an offence.
2
The periods of 24 and 72 hours referred to in sub-paragraph (1) run from the time when the animal died or was killed or came into the possession or under the control of the person to whom the requirements of that sub-paragraph apply.
Persons collecting and delivering
1B
A person with whom arrangements are made under paragraph 1A for the delivery of a body to an approved sampling site must, unless directed otherwise by the Secretary of State, within 48 hours of the time when the body comes into their possession or under their control —
a
identify an approved sampling site that will carry out the sampling; and
b
ensure it is delivered to that site,
and failure to do so is an offence.
Destruction without sampling
1C
Any person who destroys the body of a bovine animal to which paragraph 1A applies before it has undergone sampling at an approved sampling site, except in accordance with a direction of the Secretary of State, commits an offence.
Retention of bodies of bovine animals pending test results
1D
An approved sampling site to which the body of a bovine animal has been sent for sampling in accordance with this Part must retain it in accordance with point 6(3) of Chapter A of Annex III to the Community TSE Regulation, and failure to do so is an offence.
Isle of Wight
1E
The requirements of paragraphs 1 and 1A do not apply in the Isle of Wight.
;
b
after paragraph 4 insert —
Approved sampling sites
4A
1
The Secretary of State must on application approve a sampling site to sample animals to which paragraph 1A applies if satisfied that the sampling site has adequate control procedures to carry out the sampling.
2
An “approved sampling site” in this Part means a sampling site approved under this paragraph or a sampling site in another part of the United Kingdom approved by the competent authority to carry out sampling for the same purpose.
; and
c
in paragraph 11, sub-paragraph (a) and in paragraph 12, for “paragraph 5(1)” substitute “paragraph 6(1)”.
Amendment of Schedule 3
7
In Schedule 3 paragraph 5, sub-paragraph (3) for “sub-paragraph 2(b)(ii)” substitute “sub-paragraph 1(b)(ii)”.
Amendment of Schedule 4
8
In Schedule 4 paragraph 9, sub-paragraph (1) for “Annex C” substitute “Annex X”.
Substitution of Schedule 8
9
For Schedule 8 substitute the replacement schedule set out in the Schedule to these Regulations.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
22nd December 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2008 and shall come into force on 7th April 2008.
2
In these Regulations —
“the Great Britain Up-rating Order ” means the Guardian’s Allowance Up-rating Order 2008 ;
“the Northern Ireland Up-rating Order ” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2008 ; and
“the Up-rating Orders ” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th March 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Art and Design in respect of the Third Key Stage) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Art and design Programme of study: key stage 3”;
b
“level 1 of the National Curriculum levels of attainment” is to be interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Art and Design, The National Curriculum for England, Key Stages 1-3”, ISBN 011 3700768; and
c
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 5(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Art and Design.
4
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 Document (which serve to illustrate the programme of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and the programme of study referred to in article 3.
Revocation and savings
5
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Art and Design.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Art and Design; and
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Art and Design.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Case Tribunals (England) Regulations 2008 and shall come into force on 12th December 2008.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 2000;
“Adjudication Panel” means the Adjudication Panel for England constituted under section 75 of the Act;
“any relevant authority concerned” means any relevant authority in England of which a respondent is a member or co-opted member;
“case tribunal” means an English case tribunal;
“ethical standards officer” means an ethical standards officer appointed under section 57(5)(a) of the Act;
“respondent” means a person who is the subject of the investigation which gave rise to the reference to the Adjudication Panel for England under section 64(3) or 65(4) of the Act, or regulations made under section 66 of the Act; and
“the relevant authority concerned” means the authority of which a respondent is a member or co-opted member and with whose code of conduct the respondent is alleged to have failed or, in the opinion of a case tribunal, has failed to comply.
Sanctions available to case tribunals
3
1
If a case tribunal makes a decision under section 78A(4) of the Act in respect of a respondent, other than a decision to take no action, it may, subject to paragraphs (2) and (3), impose any one of, or any combination of, the following sanctions —
a
censure of the respondent;
b
restriction for a period not exceeding 12 months of the respondent’s access to the premises of, or the respondent’s use of the resources of, the relevant authority concerned, or any relevant authority concerned, provided that any such restriction —
i
is reasonable and proportionate to the nature of the failure to comply with the authority’s code of conduct; and
ii
does not unduly restrict the respondent’s ability to perform the functions of a member;
c
partial suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months;
d
suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months;
e
a requirement that the respondent submit a written apology in a form specified by the case tribunal;
f
a requirement that the respondent undertake such training or participate in such conciliation as the case tribunal specifies;
g
partial suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent submits a written apology in a form specified by the case tribunal;
h
partial suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has undertaken such training or participated in such conciliation as the case tribunal specifies;
i
suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has submitted a written apology in a form specified by the case tribunal;
j
suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has undertaken such training or participated in such conciliation as the case tribunal specifies; or
k
disqualification of the respondent for being, or becoming (whether by election or otherwise) a member of the relevant authority concerned, or any other relevant authority, for a period not exceeding 5 years.
2
If a case tribunal imposes a sanction under paragraph (1)(c) or (d) or any of the sub-paragraphs from (g) to (j), the period for which the respondent is suspended or partially suspended must not exceed the remainder of the respondent’s term of office.
3
If a case tribunal makes a decision under section 78A(4) of the Act, other than a decision to take no action, in respect of a respondent who has ceased to be a member of any relevant authority at the date on which it makes the decision, it may only impose a sanction under either paragraph (1)(a) or (1)(k).
Notices
4
1
Where a case tribunal makes a decision under section 78A(4) of the Act it must give a notice to the standards committee of any relevant authority concerned, and may give a copy of that notice to the standards committee of any other relevant authority of which the respondent has been a member or co-opted member.
2
The notice specified in paragraph (1) must —
a
state that the case tribunal has decided that the respondent has failed to comply with the code of conduct of a relevant authority;
b
specify the details of that failure;
c
specify whether the case tribunal has decided to impose a sanction under regulation 3(1), and if so what that sanction is;
d
specify the date from which any sanction is to take effect; and
e
state that the respondent may, by virtue of section 78B(4) of the Act, seek leave to appeal to the High Court against the decision, or any other decision of the case tribunal which relates to the respondent.
3
Subject to paragraph (4) where a notice given under paragraph (1) specifies any sanction under regulation 3(1) the notice shall have the effect of bringing the sanction into force on the date specified in the notice.
4
The president or deputy president of the Adjudication Panel may suspend the effect of a notice given under paragraph (1) if requested to do so by a respondent who intends to seek leave to appeal to the High Court under section 78B(4) of the Act.
Withdrawal of references by ethical standards officer
5
1
An ethical standards officer who has referred a matter to the president of the Adjudication Panel under section 64(3)(b) or 65(4) of the Act may withdraw that reference if —
a
the circumstances are as mentioned in any of sub-paragraphs (a) to (c) of paragraph (2); and
b
the requirements of paragraphs (3) and (4) of this regulation are satisfied.
2
a
A sentence of imprisonment (whether suspended or not) for a period of not less than three months, without the option of a fine, has been passed on the respondent.
b
The ethical standards officer is satisfied —
i
that the matter is materially less serious than appeared to be the case when it was referred to the president of the Adjudication Panel and that as a consequence is not sufficiently serious to be determined by a case tribunal or a standards committee; or
ii
that the pursuit of the matter would not be in the public interest.
c
The president or deputy president of the Adjudication Panel invites the ethical standards officer to withdraw the reference.
3
Except in a case where the president or deputy president of the Adjudication Panel agrees to dispense with the requirement in this paragraph, the ethical standards officer —
a
has given 28 days notice in writing to —
i
the person who made the written allegation under section 57A of the Act which gave rise to the investigation;
ii
the respondent;
iii
the standards committee of any relevant authority concerned; and
iv
the monitoring officer of any relevant authority concerned,
that a request is to be made to the president of the Adjudication Panel to withdraw the reference, and
b
has considered any representations received from any person in that regard.
4
The president of the Adjudication Panel, or in the absence of the president, the deputy president of the Adjudication Panel, has given consent to the withdrawal of the reference.
5
The president of the Adjudication Panel, or the deputy president, as the case may be, shall give reasons in writing for the giving of an invitation under paragraph (2)(c) or of consent under paragraph (4).
6
Where a reference to the president of the Adjudication Panel is withdrawn under this regulation, the ethical standards officer shall give to each person or body to whom notice was given under paragraph (3)(a) —
a
written notice of the withdrawal; and
b
a copy of the reasons referred to in paragraph (5).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
13th November 2008


text:
Citation, commencement, interpretation, application and effect
1
1
This Order may be cited as The North Yorkshire County Council (School Meals) Order 2008 and shall come into effect on 19th December 2008.
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ;
“the authority” means the North Yorkshire County Council;
“ the Regulations ” means the School Finance (England) Regulations 2008 .
3
This Order shall apply only in respect of the authority and primary schools maintained by the authority and shall have effect for a period of three years beginning on the date when it comes into force.
Exemptions, relaxations and modifications
2
The authority shall be exempt from the requirement in s.512ZA(2) of the 1996 Act in relation to school meals.
3
In sub-paragraph (a) of paragraph 15 of Schedule 2 to the Regulations the words “where the governing body have elected not to receive funding for meals as part of their school’s budget share” shall be deleted.
4
1
The time limit in regulation 7(1) of the Regulations shall not apply in respect of any deduction of expenditure within paragraph 15(a) of Schedule 2 to the Regulations made in consequence of the amendment in article 3.
2
Regulation 9(1) and (2) of the Regulations shall not have effect to prevent the authority from making changes to their formulae for funding period 1 where the changes are made to take account of such deductions.
3
Regulation 9(6) of the Regulations shall not have effect to prevent the authority from using their formulae as so amended where changes are made to the formulae in accordance with paragraph (2).
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
20th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Defence Medical Services) Regulations 2008 and shall come into force on 2nd June 2008.
Interpretation
2
In these Regulations —
“the Armed Services” means the Royal Navy, Army and Royal Air Force of the United Kingdom;
“Defence Medical Services” means —
the health care provided by the Armed Services;
the education and training provided by the Armed Services to service and other personnel in connection with the provision of health care including the maintenance of the clinical skills of such personnel; and
any agreement or arrangement made by the Armed Services to enable any service or facility falling within paragraph (a) or (b) to be provided on their behalf;
“specified civilians” means those civilians identified as being eligible for or entitled to health care by or under —
the Queen’s Regulations for the Royal Navy as amended (1997 consolidated edition) ;
the Army General and Administrative Instruction as amended, Volume 2, Chapter 66, Issue number 139 ; or
the Queen’s Regulations for the Royal Air Force as amended (1999 edition) ;
“health care” means services provided to service personnel or specified civilians for or in connection with the prevention, diagnosis or treatment of illness;
“illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing.
Health Scheme
3
Defence Medical Services are prescribed as a health scheme for the purposes of section 124(1) of the Health and Social Care (Community Health and Standards) Act 2003.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
24th April 2008


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 29 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 29 of the Finance Act 2008 (cap on R&D aid) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and Extent
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 8) Order 2008.
2
Article 2 of this Order extends to England and Wales only.
3
Article 3 of this Order extends to Northern Ireland only.
Commencement
2
The following provisions of the Police and Justice Act 2006 shall come into force on 1 April 2008 —
a
Section 2 (amendments to the Police Act 1996 ) in so far as it relates to the entries in Schedule 2 (amendments to the Police Act 1996) referred to in sub–paragraph (b);
b
Paragraph 7 to the extent not otherwise commenced and paragraphs 11 to 13 of Schedule 2;
c
Section 39 (forfeiture of indecent photographs of children: England and Wales) and Schedule 11 (Schedule to be inserted into the Protection of Children Act 1978);
d
Section 52 (amendments and repeals) in so far as it relates to the entries in Schedule 15 (repeals and revocations) referred to in sub–paragraph (e);
e
In Part 4 of Schedule 15 (repeals: miscellaneous) the entries relating to section 4(3) of the Protection of Children Act 1978 , paragraph 62 of Schedule 15 to the Criminal Justice Act 1988 , sub–paragraphs 37(4) and 38(3) and 4 of Schedule 10 to the Criminal Justice and Public Order Act 1994 and paragraphs 199(3) and 200 to Schedule 8 of the Courts Act 2003 .
3
The following provisions of the Police and Justice Act 2006 shall come into force on 1 April 2008 —
a
Section 40 (forfeiture of indecent photographs of children: Northern Ireland) and Schedule 12 (Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978);
b
Section 52 (amendments and repeals) in so far as it relates to entries in Schedule 15 (repeals and revocations) referred to in sub-paragraph (c);
c
In Part 4 of Schedule 15 (repeals: miscellaneous) the entries relating to sub–paragraph 1(2) of Schedule 2 to the Criminal Justice (Evidence, etc. ) (Northern Ireland) Order 1988 , sub–paragraph 10(2)(b) and (c) of Schedule 2 to the Criminal Justice and Police Act 2001 and sub–paragraph 3(2)(a) of Schedule 4 to the Justice (Northern Ireland) Act 2002 .
Tony McNulty
Minister of State
Home Office
18th March 2008


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Code of Practice) (Dispute Resolution) Appointed Day Order 2008.
Appointed day
2
The day appointed for the purposes of section 91(9) of the Pensions Act 2004 (procedure for issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 11: Dispute resolution – reasonable periods, is 28th July 2008.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
16th July 2008


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2008 and shall come into force on 21st March 2008.
Fees
2
1
The fee to be paid to the Immigration Services Commissioner by each designated professional body for the year 1st April 2007 to 31st March 2008 shall be the sum specified in the Schedule to this Order.
2
The fee shall be paid on or before 31st March 2008.
Liam Byrne
Minister of State
Home Office
21st February 2008


text:
Citation and commencement
1
This Order may be cited as the Qualifications and Curriculum Authority (Additional Functions) Order 2008 and comes into force on 4th August 2008.
Additional functions of the Qualifications and Curriculum Authority
2
1
The Qualifications and Curriculum Authority shall have the functions specified in paragraph (2) with respect to —
a
pupils falling within section 23(1)(a) or (b) of the Education Act 1997 who are young children , and
b
children not falling within section 23(1)(a) or (b) of that Act for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.
2
The functions are —
a
to keep under review all aspects of the EYFS learning and development requirements;
b
to advise the Secretary of State on such matters concerned with the EYFS learning and development requirements as the Secretary of State may refer to them or as they may see fit;
c
to advise the Secretary of State on, and if the Secretary of State so requests, to assist in carrying out, programmes of research and development for purposes connected with the EYFS learning and development requirements;
d
to publish and disseminate, and assist in the publication and dissemination of, information relating to the EYFS learning and development requirements;
e
to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of the EYFS learning and development requirements.
3
In this article “the EYFS learning and development requirements” means the requirements specified under section 39(1)(a) of the Childcare Act 2006 .
Beverley Hughes
Minister of State
Department for Children, Schools and Families
2nd July 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Bristol National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1 st April 2008.
2
In this Order —
“the NHS Trust” means the North Bristol National Health Service Trust;
“the Trustees” means the trustees for the United Bristol Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Trust and the Trustees and signed on behalf of the NHS Trust on 7 th January 2008 and on behalf of the Trustees on 18 th January 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the NHS Trust to the Trustees.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the NHS Trust shall be construed as a reference to the Trustees.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of Health,
Department of Health
19th February 2008