text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Civil Procedure (Amendment) Rules 2008.
2
Except as provided in paragraphs (3) and (4), these Rules come into force on 1st October 2008.
3
Rules 6(a), 7 and 38 of these Rules and Schedule 2 to these Rules come into force —
a
in so far as they relate to European orders for payment made under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure , on 12th December 2008; and
b
in so far as they relate to the European small claims procedure under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure , on 1st January 2009.
4
Rules 37(b), (c) and (d) of these Rules come into force on 12th December 2008.
2
In these Rules —
a
a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ;
b
a reference to an Order by number and prefixed “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and
c
a reference to an Order by number and prefixed “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules.
Amendments to the Civil Procedure Rules 1998
3
In rule 2.3(1), in the parenthesis below the definition of “defendant’s home court”, for “Rule 6.5” substitute “Rule 6.23”.
4
In rule 3.7 —
a
in paragraph (4)(ii), for “shall” substitute “will”;
b
in the parenthesis below paragraph (4)(ii), after “this rule” insert “and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007 ”;
c
in paragraph (6)(b), for “shall” substitute “will”; and
d
in paragraph (7), for “shall” substitute “will”.
5
For Part 6 substitute Part 6 (Service of documents) as set out in Schedule 1 to these Rules.
6
In Part 7 —
a
in rule 7.2, after the fourth parenthesis below paragraph (2) insert —
(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)
;
b
in rule 7.4(3) —
i
for “he” substitute “the claimant”; and
ii
omit “together with a certificate of service”;
c
omit the parenthesis “(Rule 6.10 makes provision for a certificate of service).” below rule 7.4(3); and
d
for rules 7.5 and 7.6 substitute —
Service of a claim form
7.5
1
Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.
Method of service Step required
First class post, document exchange or other service which provides for delivery on the next business day Posting, leaving with, delivering to or collection by the relevant service provider Delivery of the document to or leaving it at the relevant place Delivering to or leaving the document at the relevant place Personal service under rule 6.5 Completing the relevant step required by rule 6.5(3) Fax Completing the transmission of the fax Other electronic method Sending the e-mail or other electronic transmission
2
Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.
Extension of time for serving a claim form
7.6
1
The claimant may apply for an order extending the period for compliance with rule 7.5.
2
The general rule is that an application to extend the time for compliance with rule 7.5 must be made —
a
within the period specified by rule 7.5; or
b
where an order has been made under this rule, within the period for service specified by that order.
3
If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if —
a
the court has failed to serve the claim form; or
b
the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
c
in either case, the claimant has acted promptly in making the application.
4
An application for an order extending the time for compliance with rule 7.5 —
a
must be supported by evidence; and
b
may be made without notice.
.
7
In rule 8.1, after the parenthesis below paragraph (6) insert —
(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)
.
8
In Part 10 —
a
in rule 10.3(2) —
i
in sub-paragraph (a) —
aa
for “6.22” substitute “6.35”; and
bb
after “jurisdiction” insert “under rule 6.32 or 6.33”;
ii
in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”; and
iii
in sub-paragraph (c) —
aa
for “6.21(4)” substitute “6.37(5)”; and
bb
for “Practice Direction 6B” substitute “Practice Direction B supplementing Part 6”;
b
in rule 10.5(a) for “his” substitute “the defendant’s”; and
c
in the first parenthesis below rule 10.5(b) —
i
for “6.5” substitute “6.23”; and
ii
for “jurisdiction” substitute “United Kingdom”.
9
In Part 12 —
a
for the second parenthesis below rule 12.3(3)(c)(ii) substitute —
(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)
;
b
for the third parenthesis below rule 12.3(3)(c)(ii) substitute —
(Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.)
;
c
in rule 12.4(4), for “rule 6.5(8)” substitute “rule 6.10”;
d
in rule 12.10 —
i
at the beginning of paragraph (b) for “he” substitute “the claimant”;
ii
in paragraph (b)(i) —
aa
for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
bb
for “service without leave” substitute “service where permission of the court is not required”; and
iii
in paragraph (b)(ii), for “Regulation State” substitute “Member State”;
e
in rule 12.11(4)(a), for “6.19(1) or 6.19(1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
f
in rule 12.11(6) —
i
in sub-paragraph (a)(ii), for “Regulation State” substitute “Member State”;
ii
in sub-paragraph (d), after “;” insert “and”;
iii
in sub-paragraph (e), for “; and” substitute “.”; and
iv
omit sub-paragraph (f).
10
For the second parenthesis below rule 13.3(2) substitute —
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
.
11
In rule 14.2(2) —
a
in sub-paragraph (a) —
i
for “6.22” substitute “6.35”; and
ii
after “jurisdiction” insert “under rule 6.32 or 6.33”; and
b
in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”.
12
In rule 15.4(2) —
a
in sub-paragraph (a) —
i
for “6.23” substitute “6.35”; and
ii
after “jurisdiction” insert “under rule 6.32 or 6.33”;
b
in sub-paragraph (b), for “he” substitute “the defendant”; and
c
in sub-paragraph (d), for “6.16(4)” substitute “6.12(3)”.
13
In Part 16 —
a
in rule 16.5(8), for “he” substitute “the defendant”; and
b
in the second parenthesis below rule 16.5(8) —
i
for “6.5” substitute “6.23”; and
ii
for “jurisdiction” substitute “United Kingdom”.
14
For the parenthesis below rule 20.13(2) substitute —
(Part 66 contains provisions about counterclaims and other Part 20 claims in relation to proceedings by or against the Crown.)
.
15
In Part 21 —
a
in the first parenthesis below rule 21.1(2)(e), for “Rule 6.6 contains” substitute “Rules 6.13 and 6.25 contain”;
b
in rule 21.5(4) —
i
in sub-paragraph (a), for “6.6” substitute “6.13”; and
ii
in sub-paragraph (b), for “he files” substitute “filing”;
c
in the parenthesis below rule 21.5(4)(b), for “Rule 6.10 sets” substitute “Rules 6.17 and 6.29 set”; and
d
in rule 21.8(1), for “6.6” substitute “6.13”.
16
In the second parenthesis below rule 26.3(7), for “Rule 6.7 specifies” substitute “Rules 6.14 and 6.26 specify”.
17
In Part 36 —
a
in the table of contents, for “Deduction of benefits” substitute “Deduction of benefits and lump sum payments”;
b
in rule 36.9 —
i
in paragraph 3(b), for “benefits” substitute “amounts”; and
ii
for the second parenthesis below paragraph (3)(d) substitute —
(Rule 36.15 defines “deductible amounts”.)
;
c
in rule 36.10 —
i
in paragraph (1), for “his” substitute “the”;
ii
in paragraph (2), for “his” substitute “the”;
iii
below the parenthesis following paragraph (3), insert —
(Rule 44.12 contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)
; and
iv
in paragraph (5)(a), for “his” substitute “the”; and
d
in rule 36.15 —
i
for the heading to rule 36.15 and for paragraphs (1) and (2) substitute —
Deduction of benefits and lump sum payments
36.15
1
In this rule and rule 36.9 —
a
“the 1997 Act ” means the Social Security (Recovery of Benefits) Act 1997 ;
b
“the 2008 Regulations ” means the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008 ;
c
“recoverable amount” means —
i
“recoverable benefits” as defined in section 1(4)(c) of the 1997 Act; and
ii
“recoverable lump sum payments” as defined in regulation 4 of the 2008 Regulations;
d
“deductible amount” means —
i
any benefits by the amount of which damages are to be reduced in accordance with section 8 of, and Schedule 2 to the 1997 Act (“deductible benefits”); and
ii
any lump sum payment by the amount of which damages are to be reduced in accordance with regulation 12 of the 2008 Regulations (“deductible lump sum payments”); and
e
“certificate” —
i
in relation to recoverable benefits is construed in accordance with the provisions of the 1997 Act; and
ii
in relation to recoverable lump sum payments has the meaning given in section 29 of the 1997 Act as applied by regulation 2 of, and modified by Schedule 1 to the 2008 Regulations.
2
This rule applies where a payment to a claimant following acceptance of a Part 36 offer would be a compensation payment as defined in section 1(4)(b) or 1A(5)(b) of the 1997 Act.
;
ii
in paragraph (3) —
aa
in sub-paragraph (a), for “benefits” substitute “amounts”; and
bb
in sub-paragraph (b) for “benefits” substitute “amounts”;
iii
in paragraph (5), omit “of recoverable benefits”;
iv
in paragraph (6)(b) —
aa
for “benefit” substitute “amount”; and
bb
for “that” substitute “the”;
v
in paragraph (6)(c), for “after deduction of the amount of benefit” substitute “of compensation”;
vi
for paragraph (7) substitute —
7
If at the time the offeror makes the Part 36 offer, the offeror has applied for, but has not received a certificate, the offeror must clarify the offer by stating the matters referred to in paragraphs (6)(b) and (6)(c) not more than 7 days after receipt of the certificate.
;
vii
in paragraph (8) —
aa
for “he” substitute “the claimant”; and
bb
for “benefits” substitute “amounts”;
viii
for the parenthesis following paragraph (8) substitute —
(Section 15(2) of the 1997 Act provides that the court must specify the compensation payment attributable to each head of damage. Schedule 1 to the 2008 Regulations modifies section 15 of the 1997 Act in relation to lump sum payments and provides that the court must specify the compensation payment attributable to each or any dependant who has received a lump sum payment.)
; and
ix
in paragraph (9) and in the parenthesis following paragraph (9), in each place where it appears, for “benefits” substitute “amounts”.
18
In rule 38.6 —
a
in paragraph (1) —
i
for “he” substitute “the claimant”; and
ii
for “him” substitute “the defendant”; and
b
in the parenthesis below paragraph (3) —
i
after “where” insert “the”; and
ii
after “discontinuance” insert “and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007”.
19
In rule 38.8 —
a
for paragraph (1)(b) substitute —
b
a claimant is liable to —
i
pay costs under rule 38.6; or
ii
make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and
;
b
in paragraph (1)(c) —
i
after “those costs” insert “or make the payment”; and
ii
in sub-paragraph (ii) after “to be paid” insert “or the payment to be made”;
c
in paragraph (2) —
i
for “he” substitute “the claimant”; and
ii
after “rule 38.6” insert “or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007”; and
d
below paragraph (2) insert —
(Rules 44.3C and 44.12 contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)
.
20
For the parenthesis below rule 40.4(2)(b) substitute —
(Rule 6.21 sets out who is to serve a document other than the claim form.)
.
21
For the first parenthesis below rule 42.2(6)(b)(ii) substitute —
(Rules 6.23 and 6.24 contain provisions about a party’s address for service.)
.
22
In rule 43.2(1) —
a
in sub-paragraph (e), for “his” substitute “that”;
b
in sub-paragraph (k)(iii), for “his” substitute “that person’s”;
c
in sub-paragraph (n) omit “and”;
d
in sub-paragraph (o) for “.” substitute “;”; and
e
after sub-paragraph (o) insert —
p
“free of charge” has the same meaning as in section 194(10) of the Legal Services Act 2007;
q
“pro bono representation” means legal representation provided free of charge; and
r
“the prescribed charity” has the same meaning as in section 194(8) of the Legal Services Act 2007.
.
23
In Part 44 —
a
in the table of contents, after the entry “Limits on recovery under funding arrangements” insert the entry —
Orders in respect of pro bono representation Rule 44.3C
;
b
in rule 44.1, for “costs and entitlement to costs” substitute “costs, entitlement to costs and orders in respect of pro bono representation”;
c
after rule 44.3B insert —
Orders in respect of pro bono representation
44.3C
1
In this rule, “the 2007 Act ” means the Legal Services Act 2007.
2
Where the court makes an order under section 194(3) of the 2007 Act —
a
the court may order the payment to the prescribed charity of a sum no greater than the costs specified in Part 45 to which the party with pro bono representation would have been entitled in accordance with that Part and in respect of that representation had it not been provided free of charge; or
b
where Part 45 does not apply, the court may determine the amount of the payment (other than a sum equivalent to fixed costs) to be made by the paying party to the prescribed charity by —
i
making a summary assessment; or
ii
making an order for detailed assessment,
of a sum equivalent to all or part of the costs the paying party would have been ordered to pay to the party with pro bono representation in respect of that representation had it not been provided free of charge.
3
Where the court makes an order under section 194(3) of the 2007 Act, the order must specify that the payment by the paying party must be made to the prescribed charity.
4
The receiving party must send a copy of the order to the prescribed charity within 7 days of receipt of the order.
5
Where the court considers making or makes an order under section 194(3) of the 2007 Act, Parts 43 to 48 apply, where appropriate, with the following modifications —
a
references to “costs orders”, “orders about costs” or “orders for the payment of costs” are to be read, unless otherwise stated, as if they refer to an order under section 194(3);
b
references to “costs” are to be read, as if they referred to a sum equivalent to the costs that would have been claimed by, incurred by or awarded to the party with pro bono representation in respect of that representation had it not been provided free of charge; and
c
references to “receiving party” are to be read, as meaning a party who has pro bono representation and who would have been entitled to be paid costs in respect of that representation had it not been provided free of charge.
;
d
in rule 44.12, after paragraph (1) insert —
1A
Where such an order is deemed to be made in favour of a party with pro bono representation, that party may apply for an order under section 194(3) of the Legal Services Act 2007.
; and
e
in rule 44.13(1) —
i
for sub-paragraph (a) substitute —
a
subject to paragraphs (1A) and (1B), the general rule is that no party is entitled —
i
to costs; or
ii
to seek an order under section 194(3) of the Legal Services Act 2007,
in relation to that order; but
; and
ii
in sub-paragraph (b) for “him” substitute “that party”.
24
In Table 4 below rule 45.5, for the entry —
“Where service by an alternative method is permitted by an order under rule 6.8 for each individual served £53.25”
substitute —
“Where service by an alternative method or at an alternative place is permitted by an order under rule 6.15 for each individual served £53.25”.
25
In Part 47 —
a
for rule 47.5 substitute —
Application of this Section
47.5
This Section of Part 47 applies where a cost officer is to make a detailed assessment of —
a
costs which are payable by one party to another; or
b
the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the Legal Services Act 2007.
;
b
in rule 47.11 —
i
in paragraph (1), for “he” substitute “that party”;
ii
in paragraph (3) —
aa
for “him” substitute “that party”; and
bb
for “shall” substitute “will”; and
iii
after paragraph (3) insert —
4
A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007 must send a copy of the default costs certificate to the prescribed charity.
;
c
in rule 47.12, after the parenthesis below paragraph (4) insert —
5
Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.
;
d
in rule 47.15, after paragraph (3) insert —
4
Where the court —
a
issues an interim costs certificate; or
b
amends or cancels an interim certificate,
in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.
;
e
in rule 47.16, after the parenthesis below paragraph (5) insert —
6
Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the final costs certificate to the prescribed charity.
; and
f
in rule 47.18 —
i
in paragraph (1), for “his” substitute “the”; and
ii
after paragraph (1) insert —
1A
Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the Legal Services Act 2007.
.
26
In rule 52.3 —
a
in paragraph (4A) omit “The court may not make such an order in family proceedings.”; and
b
omit the parenthesis immediately following paragraph (4A).
27
In rule 54.28B —
a
in paragraph (1), for “rules 6.4(2) and 6.5(5)” substitute “rules 6.7 and 6.23(2)(a)”; and
b
in paragraph (2) —
i
in sub-paragraph (a), for “his” substitute “the appellant’s”;
ii
in sub-paragraph (b) —
aa
for “his address” substitute “the appellant’s address”; and
bb
for “working” substitute “business”; and
iii
at the end of that paragraph, for “his representative” substitute “the appellant’s representative”.
28
In Part 55 —
a
in rule 55.8(6) —
i
for “he” substitute “the claimant”; and
ii
for “6.14(2)(a)” substitute “6.17(2)(a)”; and
b
in rule 55.23(3), for “6.14(2)(a)” substitute “6.17(2)(a)”.
29
In Part 56 —
a
in rule 56.1(1) —
i
in sub-paragraph (d) omit “or”;
ii
in sub-paragraph (e), for “.” substitute “; or”; and
iii
after sub-paragraph (e) insert —
f
section 214 of the Housing Act 2004 .
;
b
in rule 56.2(2) —
i
for “The claim” substitute “Unless an enactment provides otherwise, the claim”; and
ii
for “his” substitute “the”; and
c
in rule 56.3 —
i
in paragraph (3)(a)(ii) after “;” insert “and”;
ii
omit paragraph (3)(b); and
iii
for paragraph (4) substitute —
4
Where the claim is an opposed claim the claimant must use the Part 7 procedure.
.
30
In Part 57 —
a
in rule 57.4(3) —
i
for “6.19” substitute “6.32 or 6.33”;
ii
for “6.22” substitute “6.35”; and
iii
for “the practice direction supplementing Section 3 of Part 6” substitute “Practice Direction B supplementing Part 6”; and
b
in rule 57.16(4A) —
i
for “6.19” substitute “6.32 or 6.33”;
ii
for “6.22” substitute “6.35”; and
iii
for “the practice direction supplementing Section III of Part 6” substitute “Practice Direction B supplementing Part 6”.
31
In Part 58 —
a
in rule 58.6(3), for “rules 6.16(4), 6.21(4) and 6.22” substitute “rules 6.12(3), 6.35 and 6.37(5)”; and
b
in rule 58.10(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.
32
In Part 59 —
a
in rule 59.5(3), for “6.16(4), 6.21(4) and 6.22” substitute “6.12(3), 6.35 and 6.37(5)”; and
b
in rule 59.9(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.
33
In Part 61 —
a
In rule 61.4(7)(b), for “Section III” substitute “Section IV”; and
b
in rule 61.11 —
i
in paragraph (5), for “Section III” substitute “Section IV”; and
ii
in paragraph (7) —
aa
in sub-paragraph (a)(ii), for “he” substitute “the defendant”;
bb
in sub-paragraph (b), for “he” substitute “the defendant”; and
cc
in sub-paragraph (b), for “6.22” substitute “6.35”.
34
In Part 62 —
a
in rule 62.5(3), for “6.24 to 6.29” substitute “6.40 to 6.46”;
b
in rule 62.16(4), for “6.24 to 6.29” substitute “6.40 to 6.46”;
c
in rule 62.18(8)(b), for “6.24 to 6.29” substitute “6.40 to 6.46”; and
d
in rule 62.20(1)(a), for “United Kingdom Overseas Territory (within the meaning of rule 6.18(f))” substitute “British overseas territory”.
35
In rule 63.16(2) —
a
in sub-paragraph (a) —
i
for “Patent” substitute “Intellectual Property”; and
ii
for “jurisdiction” substitute “United Kingdom”;
b
in sub-paragraph (b), for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
c
in sub-paragraph (b)(i), for “Patent” substitute “Intellectual Property”.
36
In Part 65 —
a
in the table of contents, omit —
i
the entry “ VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006 ”; and
ii
the entries relating to rules 65.31 to 65.36;
b
in rule 65.1 —
i
in paragraph (e), after “Protection from Harassment Act 1997 ;” insert “and”; and
ii
omit paragraph (f); and
c
in rule 65.18(5) —
i
for “he” substitute “the claimant”; and
ii
for “6.14(2)(a)” substitute “6.17(2)(a)”; and
d
omit Section VI.
37
In Part 74 —
a
in rule 74.6 —
i
in paragraph (1)(a), for “him” substitute “the judgment debtor”;
ii
for paragraph (1)(b) substitute —
b
as provided by —
i
section 725 of the Companies Act 1985 ; or
ii
the Companies Act 2006 ; or
; and
iii
in paragraph (2), for “6.24, 6.25, 6.26 and 6.29” substitute “6.40, 6.42, 6.43 and 6.46”;
b
for rule 74.31(2) and the two parentheses below that rule substitute —
2
Where a person applies to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of the application.
(Part 70 contains further rules about enforcement.)
;
c
in rule 74.32 —
i
in paragraph (2)(a), after “order” insert “(“the affected persons”)”;
ii
in paragraph (2)(b), after “Wales” insert “(“the relevant courts”)”; and
iii
for paragraph (3) substitute —
3
Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.
; and
d
in rule 74.33 —
i
for the heading to the rule substitute “Stay of or limitation on enforcement”; and
ii
in paragraph (1), omit “by application”.
38
After Part 77 insert Part 78 (European order for payment and European small claims procedures) as set out in Schedule 2 to these Rules.
39
In RSC Order 115 —
a
in rule 17 —
i
in paragraph (1) —
aa
for “delivering it to him” substitute “delivering it to that person”; and
bb
for “to him at his” substitute “to that person’s”; and
ii
in paragraph (2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”; and
b
in rule 33(2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”.
40
In CCR Order 27 —
a
in rule 5(1), for “6.2” substitute “6.20”; and
b
in rule 17(3A), for “6.2” substitute “6.20”.
41
In CCR Order 28 —
a
in rule 2(2) —
i
for “his” substitute “the judgment creditor’s”;
ii
for “the judgment summons shall” substitute “the judgment summons will”;
iii
omit “an officer of”;
iv
for “sending it to him” substitute “sending it to the debtor”; and
v
for “the date of service shall be” substitute “the date of service is”; and
b
in rule 3 —
i
in paragraph (2) —
aa
for “shall” substitute “will”;
bb
for “6.11” substitute “6.18”; and
cc
omit “office”; and
ii
in paragraph (3) omit “shall”.
42
In CCR Order 29, rule 1(6) —
a
for “thereof” substitute “of the judgment or order”; and
b
in sub-paragraph (b), for “telegram” substitute “fax, e-mail”.
43
In CCR Order 33, rule 4(3), for “6.2” substitute “6.20”.
Transitional Provision
44
The amendments made by rule 26 of these Rules to rule 52.3 do not apply to proceedings where the notice of appeal was filed before 1st October 2008 and rule 52.3 in force immediately before that date will continue to apply to those proceedings as if that rule had not been amended.
Martin Moore-Bick, L.J.
Master Steven Whitaker
HHJ Stephen Oliver-Jones Q.C.
District Judge Robert Hill
District Judge Suzanne Burn
David di Mambro
Philip Rainey
Nicholas Burkhill
Katy Peters
Peter Candon
David Grant
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
7th August 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Design and Technology 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 “Design and technology 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 in the booklet published by the Stationery Office entitled “Design and Technology, The National Curriculum for England, Key stages 1-3”, ISBN 0113700741, as revised in 2004; 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 Design and Technology.
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 Design and Technology in respect of the First, Second and Third Key Stages) (England) (No 2) Order 2004 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 Design and Technology.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology in respect of the First, Second and Third Key Stages) (England) (No 2) Order 2004 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 Design and Technology; 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 Design and Technology.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation and commencement
1
This Order may be cited as the Youth Justice Board for England and Wales (Amendment) Order 2008 and shall come into force on the day after the day on which it is made.
Amendment to the Youth Justice Board for England and Wales Order 2000
2
1
The Youth Justice Board for England and Wales Order 2000 is amended as follows.
2
In article 2 after the interpretation of “the 1998 Act” insert —
“the 2000 Act ” means the Powers of Criminal Courts (Sentencing) Act 2000 ;
“the 2003 Act ” means the Criminal Justice Act 2003 .
3
In article 4(2) —
a
in sub-paragraph (a) for “section 53 of the 1933 Act” substitute “section 90 or 91 of the 2000 Act”;
b
in sub-paragraph (e) for “section 16(1) and (4) of the 1982 Act” substitute “section 221(1) and (3) of the 2003 Act”;
c
for sub-paragraphs (m) to (o) substitute the following —
m
the functions conferred on the Secretary of State by —
i
section 102(1) of the 2000 Act , of determining in which youth detention accommodation a person is to serve the period of detention and training under a detention and training order;
ii
section 92(1) of the 2000 Act, in so far as it relates to persons aged under 18, of directing, or arranging with other persons, the place in which and conditions under which persons sentenced to be detained under section 90 or 91 of that Act shall be detained;
n
the functions conferred on the Secretary of State by —
i
section 103(3) of the 2000 Act (detention and training orders: category of person to supervise offender);
ii
section 103(6) of that Act (detention and training orders: supervision orders);
iii
section 104(3)(a) of that Act (detention and training orders: detention on breach of supervision notice);
iv
section 105(2) of that Act (detention and training orders: detention on conviction of offence during term of order);
o
the functions conferred on the Secretary of State by —
i
rule 6(1) of the Secure Training Centre Rules 1998 (approval of system of privileges, incentives and sanctions);
ii
rule 18(2) of those Rules (approval of room to be used as sleeping accommodation in secure training centre);
iii
rule 21 of those Rules (directions as to trainees’ library books);
iv
rule 42(1) and (2) of those Rules (authorisation of persons to view secure training centres, take photographs, make sketches, and communicate with trainees);
v
rule 45 of those Rules (giving leave to governor of secure training centre to delegate powers and duties to another officer);
p
the function conferred on the Secretary of State by section 43(1)(aa) of the 1952 Act (provision of young offender institutions), for persons aged under 18;
q
the functions conferred on the Secretary of State by sections 84 and 88A of the 1991 Act of entering into contracts for the provision or running, or both, of young offender institutions for persons aged under 18, or the performance of functions at directly managed young offender institutions for persons aged under 18, and any function exercisable by the Secretary of State in relation to such contracts, including the procurement of, and making of payments under, such contracts;
r
the functions conferred on the Secretary of State, in respect of a young offender institution for persons aged under 18, by —
i
section 85(1)(b) and (4) of the 1991 Act ;
ii
section 91(1) of that Act ;
s
where a contract has been entered into for the running of a young offenders institution for persons aged under 18, by virtue of article 4(2)(q) above, then in respect of that establishment, the functions conferred on the Secretary of State by —
i
rule 6(1) of the Young Offender Institution Rules 2000 (privileges appropriate to age, character and circumstances);
ii
rule 20(1) of those Rules (no food other than ordinarily provided unless authorised);
iii
rule 21(2) of those Rules (no smoking or tobacco except in accordance with directions);
iv
rule 22 of those Rules (approval of room or cell to be used as sleeping accommodation in young offender institution);
v
rule 25 of those Rules (permission, subject to conditions, for a female inmate to have her baby with her );
vi
rule 26 of those Rules (inmates to be allowed to have and exchange library books, subject to directions);
vii
rule 39(1) of those Rules (directions as to the training of inmates by means of training courses);
viii
rule 51(2) of those Rules (cell or room for temporary confinement to be certified as suitable for that purpose, to be adequate for health and allow the inmate to communicate at any time with an officer);
ix
rule 76 of those Rules (authorisation of persons to view young offender institutions, take photographs, make sketches and communicate with an inmate);
x
rule 85 of those Rules (giving leave to governor or controller of a young offender institution to delegate powers and duties to another officer);
xi
rule 86(1)(b) of those Rules (modifications to the Rules where a contract entered into for the running of a young offender institution);
xii
rule 86(1A) (giving leave to the director of young offender institution to delegate powers and duties to another officer);
t
the functions conferred on the Secretary of State by section 23(7A) and (7B) of the 1969 Act (remand or committal to local authority accommodation: consent for a person to be detained in a secure training centre).
Amendment to the Young Offender Institution Rules 2000
3
For rule 13 of the Young Offender Institution Rules 2000 (disclosure by governor to non-specified persons of certain information) substitute —
1
Except in accordance with paragraph (2), the governor may not disclose to any person who is not
a
an officer of a young offender institution;
b
an officer of the Secretary of State;
c
an officer of the Youth Justice Board for England and Wales, where the Board has entered into a contract for the provision or running, or both, of the young offender institution; or
d
an employee of the young offender institution authorised by the governor for the purpose of this rule,
any intercepted material, information retained pursuant to rule 12 or material obtained by means of an overt closed circuit television system used during a visit.
2
The governor may disclose the material and information identified in paragraph (1) to persons, other than those mentioned in that paragraph, if:
a
he considers that such disclosure is —
i
necessary on the grounds specified in rule 11(4); and
ii
proportionate to what is sought to be achieved by the disclosure;
b
in the case of intercepted material or material obtained by means of an overt closed circuit television system used during a visit, all parties to the communication or visit consent to the disclosure; or
c
in the case of information retained pursuant to rule 12, the inmate to whose communication the information relates, consents to the disclosure.
Signed by authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
6th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) (No.2) Regulations 2008 and shall come into force on 27th October 2008.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations are amended as follows.
3
In Part 8 (Social Security Benefits), after Chapter 4 (Income Support) insert —
CHAPTER 5
EMPLOYMENT AND SUPPORT ALLOWANCE
Interpretation of Chapter 5
184A
In this Chapter —
“award” means an award of employment and support allowance;
“claim” means a claim for employment and support allowance;
“claimant” means a person who has made a claim;
“Department” means the Department for Work and Pensions or, in Northern Ireland, the Department for Social Development”;
“employment and support allowance” means benefit payable under —
the Welfare Reform Act 2007 , or
in Northern Ireland, the Welfare Reform Act (Northern Ireland) 2007 ;
“taxable employment and support allowance” means any amount of employment and support allowance which is chargeable to income tax under Chapter 2 of Part 10 of ITEPA (tax on social security income).
Application of other regulations
184B
1
The following regulations apply to payments of employment and support allowance made to a claimant with the modifications mentioned in paragraphs (2) to (4) —
regulation 2 interpretation regulation 14 matters relevant to determination of code regulation 15 flat rate codes regulation 16 continued application of employee’s code regulation 17 notice to employee of code regulation 18 objections and appeals against employee’s code regulation 19 amendment of code regulation 20 notice to employer of amended code regulation 21 deduction and repayment of tax by reference to employee’s code regulation 97 inspection of employer’s PAYE records regulation 98 multiple PAYE schemes regulation 102 succession to a business etc regulation 185 adjusting total net tax deducted for purposes of sections 59A(1) and 59B(1) TMA regulation 205 mandatory use of electronic communications regulation 206 specified employers regulation 207 specified information regulation 208 e-filing notice and appeals regulation 209 standards of accuracy and completeness regulation 210 penalties and appeals regulation 211 how information must or may be delivered by employers regulation 214 how information must be provided by employees regulation 216 service by post.
2
In the application of those regulations, the expressions listed in column 1 of Table 7A have the meanings shown in column 2 of the table.
Table 7A
Meaning of expressions in application of other regulations
1. Expression 2. Meaning for purposes of this Chapter
Employee
Employer
Employment
Relevant payments
claimant
Department
award
taxable employment and support allowance
3
In the application of regulations 20 (notice to employer of amended code) and 21 (deduction and repayment of tax by reference to employee’s code), any reference to the deduction or repayment of tax shall be read as a reference to the tax calculation which the Department is required to make at the end of the tax year or on the cessation of an award (by virtue of regulation 184I(2)(a) and 184K(2).
4
In the application of regulation 207 (specified information) the reference to specified information shall be read as including references to —
a
the return and accompanying information required by regulations 184G (return in respect of all claimants to taxable employment and support allowance) and 184J (annual return),
b
Part 1 of Form P45ESA, and
c
the information required under regulation 184E(9).
Obtaining the claimant’s Form P45
184C
1
A claimant who has Parts 2 and 3 of Form P45 must deliver them to the Department on making a claim for employment and support allowance which includes taxable employment and support allowance.
2
If on making a claim, the claimant declares that the claimant’s last employer did not provide Parts 2 and 3 of Form P45, the Department may require the employer to deliver them to a specified officer of the Department.
Deductions working sheet for claimants awarded taxable employment and support allowance
184D
1
The Department must prepare a deductions working sheet in respect of each claimant whose award includes taxable employment and support allowance.
2
If the Department obtains Parts 2 and 3 of Form P45 relating to the claimant, it must immediately prepare the deductions working sheet using the information shown in Parts 2 and 3 of Form P45 in accordance with regulation 184E.
3
If the Department does not obtain Parts 2 and 3 of Form P45 relating to the claimant, it must prepare the deductions working sheet in accordance with regulation 184F.
Form P45: deductions working sheet and return
184E
1
If Parts 2 and 3 of Form P45 relate to the current tax year, the Department must record in the deductions working sheet the total payments to date shown in Parts 2 and 3 of Form P45.
2
If Parts 2 and 3 of Form P45 relate to the current tax year and show that the cumulative basis has been used, the Department must also —
a
record the following information from Parts 2 and 3 of Form P45 in the deductions working sheet, or
b
keep such records as enable production of the information.
3
If the code shown in Parts 2 and 3 of Form P45 is a K code, the information is —
a
the code shown,
b
the total additional pay to date,
c
the total taxable payments to date, and
d
the lower of the total tax to date as at the week or month shown in Parts 2 and 3 of Form P45 or the total net tax deducted shown in them.
4
In any other case, the information is —
a
the code shown,
b
the total free pay to date,
c
the total taxable payments to date, and
d
the corresponding total tax to date as at the week or month shown in Parts 2 and 3 of Form P45.
5
Paragraph (6) applies if —
a
the claim is made by 24th May in a tax year, and
b
Parts 2 and 3 of Form P45 show that the last relevant payment was made in the preceding tax year.
6
The Department must complete the deductions working sheet but without recording the total payments to date or total net tax deducted (if any) shown in Parts 2 and 3 of Form P45.
7
In cases falling within paragraphs (1) and (6), the code shown in Parts 2 and 3 of Form P45 must be treated as the claimant’s code for the purposes of these Regulations.
8
If, in a case not falling within paragraph (6), Parts 2 and 3 of Form P45 show that the last relevant payment was made in a tax year preceding that in which the claim was made, the Department —
a
must complete the deductions working sheet but without recording the total payments to date or total net tax deducted (if any) shown in parts 2 and 3 of Form P45, and
b
must record the emergency code as the claimant’s code.
9
The Department must supply the information recorded under this regulation to HMRC together with such further information as may be required for the purposes of these Regulations.
No Form P45: deductions working sheet and return
184F
In a case falling within regulation 184D(3) (no Form P45), the Department must —
a
prepare the deductions working sheet within 14 days of the award of a taxable employment and support allowance, and
b
record the emergency code as the claimant’s code.
Return in respect of all claimants to taxable employment and support allowance
184G
1
When the Department first makes a payment of taxable employment and support allowance to a claimant it must deliver a return to HMRC containing the following information.
2
The information is —
a
the claimant’s name,
b
the claimant’s address,
c
the claimant’s date of birth, if known,
d
the claimant’s national insurance number,
e
the date on which the claimant’s entitlement to taxable employment and support allowance began,
f
the weekly rate of taxable employment and support allowance being paid to the claimant,
g
if the payment was preceded by a payment of employment and support allowance which was not taxable, the date that benefit was first paid, and
h
the claimant’s tax reference, if known.
3
But the return need not be delivered if the claimant certifies that the claimant —
a
is undergoing a course of full-time education and has not had regular employment since the previous 6th April, or
b
has not had regular employment since finishing full-time education.
Further return required in certain cases
184H
1
On making a subsequent payment of taxable employment and support allowance to the claimant, the Department must deliver a further return in accordance with regulation 184G as if that subsequent payment were the first payment, if the condition set out in paragraph (2) is met.
2
The condition is that the subsequent payment is the first payment to be made at a different rate from the rate subsisting at the time of that determination.
3
In addition to providing the information listed in regulation 184G(2), the Department must indicate in the further return that the weekly rate of taxable employment and support allowance being paid to the claimant represents a revised amount.
Obligations at the end of the year
184I
1
This regulation applies in respect of each award which includes taxable employment and support allowance and which continues beyond the end of a tax year.
2
Before 1st June following the end of the tax year the Department must —
a
make a tax calculation in accordance with regulation 184N if the claimant’s code is used on the cumulative basis; and
b
subject to paragraph (3), issue a certificate to the claimant.
3
The Department need not issue a certificate if —
a
no taxable employment and support allowance has been paid, and
b
a tax calculation in accordance with regulation 184N is not required.
4
The certificate must show —
a
the tax year to which it relates,
b
the total employment and support allowance for the tax year excluding any amounts previously notified under regulations 184L(4) and 184Q(2)(a),
c
the taxable employment and support allowance included in the total employment and support allowance,
d
the claimant’s code,
e
the claimant’s national insurance number,
f
the claimant’s address (if known),
h
any previous relevant payments and any tax deducted from those relevant payments which the Department was required to take into account under regulation 184N,
i
any total payments to date recorded by the Department in accordance with regulation 184E(1) plus the total taxable employment and support allowance for the tax year, and the corresponding total net tax deducted, and
j
the amount of tax refunded by the Department.
Annual return
184J
1
This regulation applies in respect of each award which includes taxable employment and support allowance.
2
Before 1st June following the end of the tax year, the Department must deliver a return to HMRC.
3
The return must show —
a
the particulars specified in regulation 184I(4), and
b
if a calculation is required under regulation 184N any amount of tax outstanding.
When an award ceases
184K
1
For the purposes of these Regulations an award ceases when entitlement to an employment and support allowance ceases.
2
When an award of a taxable employment and support allowance ceases, the Department must make a tax calculation in accordance with regulation 184N.
3
The relevant date for the purposes of that calculation is the date on which the award ceases.
4
The date on which the award ceases is the last day for which benefit was paid and was not recoverable, except that if the last day is 4th or 5th April the date is the preceding 3rd April.
5
But the Department need not amend a tax calculation solely because the date used for the purposes of the calculation is subsequently shown to be incorrect.
Cessation of award: Form P45ESA
184L
1
When an award of a taxable employment and support allowance ceases, the Department must immediately complete Form P45ESA.
2
The Department must then —
a
send Part 1 of Form P45ESA to HMRC; and
b
provide Part 1A of P45ESA and Parts 2 and 3 of Form P45 to the claimant.
3
The information listed in column 1 of Table 7B must, subject to the conditions set out in column 2, be provided in Parts 1 and 1A of Form P45ESA and Parts 2 and 3 of Form P45 as indicated in columns 3 to 5.
Table 7B
Information which must be provided in Form P45ESA
1 2 3 4 5 Information to be provided Conditions Form P45ESA Form P45ESA Form P45 Part 1 Part 1A Parts 2 and 3
1. the tax reference as shown in the deductions working sheet yes yes yes 2. claimant’s national insurance number yes yes yes 3. claimant’s name yes yes yes 4. the date on which the award ceased yes yes yes 5. the claimant’s code or, if more than one, the latest code for the tax year during which the award ceased yes yes yes 6. whether the claimant’s code is used on the cumulative basis yes yes yes 7. the tax week or month in which the award ceased if the claimant’s code is used on the cumulative basis yes yes yes 8. the total payments to date (including taxable employment and support allowance) at the date the award ceased, and the corresponding total net tax deducted if the claimant’s code is used on the cumulative basis yes yes yes 9. the taxable employment and support allowance paid during the tax year by virtue of the award in question if the claimant’s code is used on the cumulative basis, and if different from the information supplied under item 8 yes yes no 10. the taxable employment and support allowance paid during the tax year in question by virtue of the award in question if the claimant’s code is not used on the cumulative basis yes yes no 11. any amount of tax outstanding if the claimant’s code is used on the cumulative basis yes no no 12. whether the claimant was self-employed immediately before the claim was made. yes no no 13. whether the claimant is receiving a pension by reason of a former employment. yes no no 14. the claimant’s address if known yes no no 15. the address of the benefit office yes yes no 16. the date the form is completed yes yes no
4
The Department must also give notice to the claimant of —
a
the total employment and support allowance for the tax year excluding any sums previously notified under this regulation and regulation 184Q(2)(a), and
b
the taxable employment and support allowance included in that total.
5
Expressions used in Parts 2 and 3 of Form P45 have the following meanings —
a
“employee” means “claimant”;
b
“leaving date” means “date the award ceased”; and
c
“pay” means “employment and support allowance”.
6
Regulation 184M (death of claimant) modifies the requirements of this regulation if an award of taxable employment and support allowance has ceased on the death of the claimant.
7
If Form P45ESA has not come into use when the award of taxable employment and support allowance ceases, the Department must complete form P45U and any references to form P45ESA in these regulations shall be read as a reference to form P45U.
Death of claimant
184M
1
On being informed of the death of a claimant whose award included taxable employment and support allowance, the Department must send HMRC the completed Form P45ESA indicating in Part 1 that the claimant has died.
2
If the Department knows the name and address of the claimant’s personal representative the Department must send the notice referred to in regulation 184L(4) to the personal representative.
3
But if the Department has not been notified of the name and address of the claimant’s personal representative within 30 days of the claimant’s death, the Department is not required —
a
to make a tax calculation under regulation 184N, nor
b
to issue the notice under regulation 184L(4).
Tax calculation
184N
1
This regulation applies, subject to regulation 184O, if the Department is required by regulation 184I or 184K to make a tax calculation.
2
The Department must calculate in respect of the claimant as at the relevant date —
a
the total payments to date, and
b
the claimant’s total tax.
3
If the recorded tax exceeds the claimant’s total tax, the Department must repay the excess to the claimant.
4
But if the recorded tax is less than the claimant’s total tax —
a
the difference is tax outstanding for the purposes of regulation 184J(3)(b) or item 11 of table 7B in regulation 184L(3), and
b
the Department must treat the claimant’s code as issued by HMRC on the non-cumulative basis from the relevant date.
5
In this regulation —
“claimant’s total tax” means —
if the claimant’s code is a K code, the lesser of —
50% of the claimant’s total payments to date, and
the tax due in accordance with the appropriate tax tables in respect of the claimant’s total taxable payments to date at the relevant date,
in any other case, the tax due in accordance with the appropriate tax tables in respect of the claimant’s total taxable payments to date at the relevant date;
“recorded tax” means the total tax to date or (as the case may be) the total net tax deducted which was recorded in accordance with regulation 184E(3) or (4) when the claim was made;
“relevant date” means —
the end of the tax year, if the calculation is required by regulation 184I,
the date used for the purposes of the calculation, if the calculation is required by regulation 184K;
“total payments to date” means any payments to date recorded by the Department in accordance with regulation 184E(1) plus the total taxable employment and support allowance.
No tax calculation required in certain cases
184O
1
A tax calculation made under regulation 184N is not required in any of the following cases —
a
if the claimant does not give the Department Parts 2 and 3 of form P45 and does not certifiy in accordance with regulation 184G(3) (students etc),
b
if the claimant gives the Department Parts 2 and 3 of Form P45 but they do not relate to the claimant’s last employment or award before the present award, whichever is the later,
c
if the claimant is in receipt of a pension in respect of a former employment,
d
if it appears to the Department on the occasion of a claim that a previous award should have been treated as having ceased in accordance with regulation 184K (when an award ceases), or
e
if the claimant’s code is a nil tax code, basic rate code or higher rate code.
2
Those cases are treated as if HMRC had made a direction that the claimant’s code must be used on the non-cumulative basis.
3
Those cases are subject to a notification from HMRC under regulation 184P that revised particulars are to be substituted and used.
Claimant’s code etc to be used for calculations
184P
1
This regulation applies if, in respect of a claimant, the Department receives notification from HMRC of —
a
a code or amended code,
b
total payments to date, or
c
total net tax deducted.
2
The Department must record that notification in substitution for any previous record and use it for the purpose of all calculations required under this Chapter.
Notification of taxable employment and support allowance
184Q
1
Paragraph (2) applies if —
a
after a certificate under regulation 184I(2)(b) has been issued (or would have been issued but for regulation 184I(3)), or
b
after a notice has been issued under regulation 184L(4) or this regulation,
further taxable employment and support allowance is paid to, or taxable employment and support allowance overpaid is recovered from, the claimant.
2
The Department must —
a
give notice to the claimant of the revised figure of total employment and support allowance and the taxable employment and support allowance included in that revised figure in accordance with the relevant regulation, and
b
notify HMRC of the sums paid or refunded.
Recording the amount of taxable employment and support allowance
184R
Whenever a payment of employment and support allowance is made, the Department must record the taxable employment and support allowance included in the payment.
Finance
184S
1
HMRC must advance monies to the National Funds of Great Britain and Northern Ireland at intervals to be agreed with the Department for use in making repayments of income tax under these Regulations.
2
The Department must provide HMRC with a quarterly statement of receipts and payments made under this Chapter.
.
4
1
Regulation 211 (how information must or may be delivered by employers) is amended as follows.
2
In paragraph (4), at the end of Table 10 (after the reference to regulation 164(2)) insert —
184D deductions working sheet for claimants awarded taxable ESA Form PB8 yes no 184E(9) Department’s return for claimant who delivers form P45 Forms PB8 and P45 Part 3 yes yes 184(G)(1) Department’s return for claimant who does not deliver form P45 Form PB3 yes yes 184I(2)(b) claimant’s end of year certificate Form P60ESA yes no 184J(2) Department’s end of year return Form P14U yes yes 184L(1) cessation of award of ESA Form P45ESA yes yes 184Q(2)(b) Department’s notification of taxable ESA adjustment Form P180 yes no 184S(2) Department’s quarterly statement to HMRC of receipts and payments in respect of taxable ESA yes no
.
3
After paragraph (5) insert —
6
For the purposes of this regulation “ESA” means employment and support allowance.
.
5
1
Regulation 214 (how information must be provided by employees) is amended as follows.
2
In paragraph (2), at the end of Table 12 after the reference to regulation 154(3), insert —
184G(3) claimant’s certificate of full-time education Form P187
.
6
1
Regulation 215 (meaning of Form P45 and P46) is amended as follows.
2
In the definition of “Parts 2 and 3 of Form P45” —
a
at the end of paragraph (a), omit the word “or”,
b
at the end of paragraph (b), insert the word “or”, and
c
after paragraph (b), insert —
c
the Parts 2 and 3 of the Form P45 provided to the claimant in accordance with regulation 184L (cessation of award: Form P45ESA);
.
3
After the definition of “Parts 2 and 3 of Form P45” insert —
“Form P45ESA” means the form required to be completed in accordance with regulation 184L;
.
4
In the definition of “Form P45U” for the words “regulation 159”, substitute the words “regulation 159 or 184L”.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
3rd October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2008 and shall come into force on 6 th October 2008.
2
These Regulations shall apply in relation to England only.
Amendment of regulation 4 of the National Health Service (Charges to Overseas Visitors) Regulations 1989 .
2
In regulation 4 of the National Health Service (Charges to Overseas Visitors) Regulations 1989 —
a
in paragraph (1), after sub-paragraph (q) insert —
, or
r
who the competent authorities of the United Kingdom for the purposes of the Council of Europe Convention on Action Against Trafficking in Human Beings (in this regulation “the Convention”),
i
consider that there are reasonable grounds to believe is a victim within the meaning of Article 4 of the Convention, and the recovery and reflection period in relation to him under Article 13 of the Convention has not yet expired; or
ii
have identified as a victim within the meaning of Article 4 of the Convention.
; and
b
in paragraph (4)(a) after “(j)”omit “or (q)” and insert “, (q) or (r )”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
20th August 2008


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2008 and shall come into force on 6th April 2008.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .
3
These Regulations have effect in relation to awards of tax credits for the tax year beginning on 6th April 2008 and subsequent tax years.
Amendment of the Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 7(4)(individual element) —
a
in sub–paragraph (a) for “£4,285” substitute “£4,625”;
b
in sub–paragraph (b) for “£5,265” substitute “£5,645”;
c
in sub–paragraph (c) for “£1,845” substitute “£2,085”;
d
in sub–paragraph (d) for “£4,285” substitute “£4,625”;
e
in sub–paragraph (e) for “£5,265” substitute “£5,645”; and
f
in sub–paragraph (f) for “£1,845” substitute “£2,085”.
Amendment of the Entitlement Regulations
3
For the Table in Schedule 2 to the Entitlement Regulations (Maximum Rates of the elements of a working tax credit) substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
1
The Income Thresholds Regulations are amended as follows.
2
In regulation 3(2) (first income threshold for those entitled to working tax credit) for “£5,220” substitute “£6,420”.
3
In regulation 3(3) (first income threshold for those entitled to child tax credit) for “£14,495” substitute “£15,575”.
4
In regulation 7(3) (determination of working tax credit) —
a
in step 4 for “£5,220” substitute “£6,420”.
b
in step 5 for “37%” substitute “39%”.
5
In regulation 8(3) (determination of child tax credit) —
a
in step 4 for “£14,495” substitute “£15,575”.
b
in step 5 for “37%” substitute “39%”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mutual Recognition of Driving Disqualifications (Great Britain and Ireland) Regulations 2008 and shall come into force on the date specified in Article 2(1) of the Crime (International Co-operation) Act 2003 (Commencement No 4) Order 2008 .
2
In these Regulations “ the Act ” means the Crime (International Cooperation) Act 2003.
Period served in Ireland
2
1
Subject to paragraph (2), for the purpose of calculating the unexpired period of foreign disqualification pursuant to section 57(2) of the Act, the period to be treated as having been served in Ireland —
a
commences on the day the disqualification came into operation in Ireland, and
b
ends on the day immediately before the beginning of the relevant period of disqualification specified in section 57(5)(a) of the Act.
2
In determining the period to be treated as having been served in Ireland, any time during which the operation of the disqualification imposed in Ireland is suspended is to be disregarded.
Corresponding prescribed conditions
3
Where the disqualification in Ireland is effective until a driving test condition is satisfied the corresponding condition, for the purposes of section 57(4)(b) of the Act, is the passing of a prescribed test of competence to drive under section 89(3) of the Road Traffic Act 1988 .
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
19th November 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Performers Lists) Amendment and Transitional Provisions Regulations 2008 and shall come into force on 1st August 2008.
2
These Regulations apply to England.
3
In these Regulations “the principal Regulations ” means the National Health Service (Performers Lists) Regulations 2004 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation and modification) —
a
in the definition of “list”, after “a dental list,”, insert “an ophthalmic list,”;
b
for the definition of “relevant performers list” substitute —
“relevant performers list” means —
in the case of a medical practitioner, the medical performers list;
in the case of a dentist, the dental performers list; and
in the case of an ophthalmic practitioner, the ophthalmic performers list;
;
c
for the definition of “relevant Part” substitute —
“relevant Part” means —
in the case of a medical practitioner, Part 2;
in the case of a dentist, Part 3; and
in the case of an ophthalmic practitioner, Part 4;
; and
d
insert the following definitions at the appropriate alphabetical places —
“the 2008 Regulations ” means the National Health Service (Performers Lists) Amendment and Transitional Provisions Regulations 2008 ; and
“ophthalmic performers list,” means the list prepared by a Primary Care Trust and published pursuant to regulation 3(1)(c);
.
Amendment of regulation 3 of the principal Regulations
3
For regulation 3(1) of the principal Regulations (performers lists) substitute —
1
A Primary Care Trust shall prepare and publish, in accordance with this Part, as modified or supplemented by the relevant Part —
a
a medical performers list;
b
a dental performers list; and
c
an ophthalmic performers list.
.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9(5) of the principal Regulations (requirements with which a performer in a performers list must comply), for “the Schedule to the Amendment Regulations” substitute “the Schedules to the Amendment Regulations or the 2008 Regulations”.
Insertion of Part 4 to the principal Regulations
5
After Part 3 of the principal Regulations insert —
PART 4 OPHTHALMIC PERFORMERS LISTS
Interpretation
34
1
For the purposes of this Part the prescribed description of performer is an optometrist or an OMP and the relevant body is —
a
in relation to an optometrist, the General Optical Council; and
b
in relation to an OMP, the General Medical Council.
2
In this Part —
“the Committee” means the Ophthalmic Qualifications Committee appointed by organisations representative of the medical profession as may be recognised by the Secretary of State for the purposes of approving —
ophthalmic hospitals, academic degrees, academic or post graduate courses in ophthalmology and appointments affording special opportunities for acquiring the necessary skill and experience of the kind required for the provision of primary ophthalmic services; and
the qualifications of doctors for the purpose of primary ophthalmic services;
“contractor” means an ophthalmic practitioner, who both provides primary ophthalmic services under a general ophthalmic services contract under section 117 of the National Health Service Act 2006 (general ophthalmic services contracts) and performs such services;
“OMP” means a registered medical practitioner, who has been recognised as an ophthalmic medical practitioner under regulations 36 and 37;
“ophthalmic hospital” includes an ophthalmic department of a hospital;
“ophthalmic list” means the list prepared by a Primary Care Trust under regulation 6 of the Ophthalmic Regulations ;
“ophthalmic practitioner” means either —
a registered optometrist, who is not a corporate body; or
an OMP;
“the Ophthalmic Regulations” means the National Health Service (General Ophthalmic Services) Regulations 1996 ;
“ophthalmic supplementary list” means the list prepared by a Primary Care Trust under regulation 3(1) of the Ophthalmic Supplementary List Regulations ;
“the Ophthalmic Supplementary List Regulations” means the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 ;
“ Opticians Act ” means the Opticians Act 1989 ;
“professional registration number” means the number against the ophthalmic practitioner’s name in the register;
“register” means —
in the case of an optometrist, the register maintained by the General Optical Council under section 7(a) of the Opticians Act ;
in the case of an OMP, the register of medical practitioners;
“relevant scheme” means the scheme in respect of which the ophthalmic practitioner is applying to be included in an ophthalmic performers list; and
“scheme” means an arrangement to provide primary ophthalmic services under a general ophthalmic services contract.
Ophthalmic performers list
35
1
An ophthalmic practitioner may not perform any primary ophthalmic services, unless his name is included in a ophthalmic performers list.
2
In respect of any ophthalmic practitioner, whose name is included in an ophthalmic performers list, the list shall include —
a
his full name;
b
his professional registration number with —
i
suffixed to it, the organisational code given by the Secretary of State to the Primary Care Trust,
ii
prefixed to it, the initials OPL;
c
his date of birth, where he consents, or where he does not consent, the date of his first registration in the register;
d
whether he is a contractor;
e
if he is an OMP, that fact and the date of his approval as an OMP under regulation 37(3) or 38(7); and
f
the date that his name was included in the ophthalmic performers list or, if his name was previously included in any ophthalmic list or ophthalmic supplementary list of a Primary Care Trust, the date that it was first included in such a list.
Qualifications of ophthalmic medical practitioners
36
1
The prescribed qualifications and experience which a registered medical practitioner is to possess to be recognised as an ophthalmic medical practitioner are that he has (at the date of consideration of his application under regulation 37) recent experience and that he —
a
has had adequate experience and has held —
i
an appointment in the health service, otherwise than under Part 2 of the 1977 Act , Part IV of the National Health Service Act 2006 or Part 4 of the National Health Service Act 1946 , with the status of consultant ophthalmologist, or
ii
an appointment for a period of not less than 2 years of equivalent status as ophthalmic surgeon or assistant ophthalmic surgeon on the staff of an approved ophthalmic hospital; or
b
has —
i
subject to paragraph (3), held one or more ophthalmic appointments in an approved ophthalmic hospital for a period totalling not less than 2 years, which shall include tenure for a period totalling not less than 6 months of a residential appointment or an appointment with duties comparable with those of a residential appointment,
ii
obtained the Membership of the Royal College of Ophthalmologists, or any approved higher degree or qualification, and
iii
had adequate experience.
2
In this regulation “approved” means approved by the Committee or by the appeal committee on appeal from the Committee under regulation 38.
3
The tenure for 6 months of a residential or comparable appointment referred to in pargraph (1)(b)(i) shall not be required in the case of a registered medical practitioner who has been fully registered for at least 7 years and whose experience is such as to make that requirement unnecessary.
Approval of qualifications of ophthalmic medical practitioners
37
1
A registered medical practitioner who wishes to establish his status as an OMP shall apply to the Committee for approval of his qualifications and experience and shall give to it such particulars of his qualifications and experience as it may require.
2
The Committee shall consider and determine his application and within 2 months after the date of the application shall inform him of the Committee’s determination.
3
If the Committee is satisfied that he possesses the qualifications and experience prescribed by regulation 36, it shall approve him as an OMP.
4
Notwithstanding the provisions of regulation 36 and of paragraph (1), a registered medical practitioner who has the prescribed qualifications for the purposes of providing general ophthalmic services in Scotland under the National Health Service (Scotland) Act 1978, or in Northern Ireland under the Health and Personal Social Services (Northern Ireland) Order 1972, shall be approved as an OMP.
5
For the purposes of paragraph (2) the date of the application shall be —
a
the date upon which a completed application with all necessary supporting details is received by the Committee; or
b
if the Committee require any further particulars from the applicant, the date on which the Committee receive all the particulars which it requires.
Appeals from Ophthalmic Qualifications Committee
38
1
Any person dissatisfied with a determination of the Committee that he is not qualified to be an OMP may, within one month from the date on which he received notice of that determination, or such longer period as the Secretary of State may at any time allow, appeal against the determination by sending to the Secretary of State a notice of appeal stating the facts and contentions on which he relies.
2
The Secretary of State shall —
a
appoint to determine the appeal an appeal committee of 3 persons, who shall be appointed after consultation with such bodies or organisations representing doctors as appear to him to be concerned with the issues relating to qualification as an OMP;
b
refer the appeal to that appeal committee;
c
send a copy of the notice of appeal to the Committee and to such other persons as may appear to him to be interested in the appeal; and
d
inform the appellant, the Committee and any such other persons that the appeal has been referred to an appeal committee and of the address to which communications to the appeal committee shall be sent.
3
The appeal committee may, and if requested to do so by the appellant or the Committee shall, hold a hearing in connection with an appeal at such time and place as they may direct.
4
Notice of the hearing shall, not less than 14 days before the date of the hearing, be sent by the recorded delivery service to the appellant, the Committee, and any other person to whom the Secretary of State has under paragraph (2) sent notice of the appeal.
5
Either the appellant or the Committee may within one month of being informed that the appeal has been referred to an appeal committee, or of being informed that a hearing of the appeal will be held, give notice of a wish to appear before the appeal committee.
6
Any party to an appeal shall be entitled to appear and be heard by counsel or solicitor, —
a
the Committee shall be entitled to appear by a member or by their clerk or other officer duly appointed for the purpose; and
b
The appellant shall be entitled to appear in person, by any member of his family, by any friend, or by any officer or member of any organisation of which he is a member; and
7
Subject to the preceding provisions of this regulation, the procedure of the appeal committee in determining the appeal shall be such as it thinks proper.
8
An appeal committee shall have all the powers of the Committee, including in particular the power of approval, and, if satisfied that an appellant possesses the qualifications prescribed by regulation 36, it shall so determine and accordingly the appellant shall be an OMP.
9
The appeal committee shall as soon as practicable notify its determination to the appellant, the Committee, the Secretary of State and any other person to whom the Secretary of State has under paragraph (2) sent notice of the appeal.
Application for inclusion in an ophthalmic performers list
39
1
In addition to the information required by regulation 4(2), the ophthalmic practitioner, when making an application for the inclusion of his name in a ophthalmic performers list, shall give the following information —
a
his professional qualifications and where they were obtained, with evidence concerning his qualifications and experience, including, if he seeks inclusion as an OMP, evidence of his approval as an OMP under regulation 37 or 38;
b
a declaration that he is included in the register;
c
his professional registration number and date of first registration;
d
whether he is a contractor; and
e
whether he is a contractor for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.
2
In addition to the undertakings required by regulation 4(3), the ophthalmic practitioner shall give the following further undertakings —
a
not to perform any primary ophthalmic services in the area of another Primary Care Trust or equivalent body from whose ophthalmic performers list, ophthalmic list, ophthalmic supplementary list or equivalent list he has been removed, except where that removal was at his request or in accordance with regulation 10(6) of these Regulations, regulation 10(6) of the Ophthalmic Supplementary List Regulations, regulation 9(2) of the Ophthalmic Regulations or any equivalent provision in Scotland or Wales, without the consent, in writing, of that Primary Care Trust or equivalent body;
b
if he is a contractor, to comply with the requirements of paragraph 52 (gifts) of Schedule 1 to the General Ophthalmic Services Contracts Regulations 2008 ; and
c
if he is not a contractor, to comply with the requirements in sub-paragraph (b) as though he were a contractor.
3
Any person who is not an optometrist, but expects to become so on succesful completion of his training, may make an application to a Primary Care Trust not less than 3 months before he anticipates his being entered on the register.
4
An application under paragraph (3) shall contain —
a
all information mentioned in regulation 4(2) and paragraph (1) of this regulation, except that required by sub-paragraphs (b) and (c) of that paragraph;
b
the undertakings, certificate and consent required by regulation 4(3) and paragraph (2) of this regulation;
c
any declaration required under regulation 4(4) or (5), and
in the application of these Regulations to any such application, a reference to an optometrist, an ophthalmic practitioner or a performer shall be taken as being a reference to an applicant under paragraph (3).
5
An applicant under paragraph (2) shall provide the information required by paragraph (1)(b) and (c) as soon as he has been notified by the General Optical Council whether he has been admitted to the register and the Primary Care Trust shall then, provided —
a
the requirements of regulation 4 and paragraphs (3) and (4) of this regulation have been complied with;
b
it has not sought further information, references or documentation from him under regulation 4(7); and
c
it has not deferred the application under regulation 7,
decide his application within 7 days of receiving the information required under paragraph (1)(b) and (c).
Additional grounds for refusal
40
1
In addition to the grounds in regulation 6(1), a Primary Care Trust may also refuse to admit an ophthalmic practitioner to its ophthalmic performers list if —
a
having checked the information provided under regulation 39(1), it considers he is unsuitable to be included in its list;
b
in the case of an OMP, regulation 24(1)(b), (c), (d) or (e) applies to him; or
c
in the case of an optometrist, his registration in the register is subject to conditions imposed under section 13F (powers of the fitness to practise committee) of the Opticians Act or he is the subject of an order pursuant to section 13H (financial penalty order) of that Act .
2
In addition to the grounds in regulation 6(2), a Primary Care Trust shall also refuse to admit a ophthalmic practitioner to its ophthalmic performers list if —
a
he is a contractor and the relevant scheme is not one that lies within its area; or
b
he is included in the ophthalmic performers list of another Primary Care Trust, unless he has given notice to that Trust that he wishes to withdraw from that list.
3
For the purposes of regulation 6(2)(d), the day prescribed in this Part is 14th December 2001.
4
In addition to checking the information provided by the ophthalmic practitioner as required by regulation 6(3)(a), the Primary Care Trust shall also check the information he provided under regulation 39.
Grounds for removal from a ophthalmic performers list
41
1
Subject to paragraph (2) and in addition to the grounds in regulation 10(1), the Primary Care Trust must remove an ophthalmic practitioner from its ophthalmic performers list where it becomes aware that he —
a
is an OMP and regulation 26(1)(a) to (d) applies to him and, in a case where paragraph (1)(c) of that regulation applies to him, paragraph (2) of that regulation does not apply to him;
b
is an optometrist and is the subject of a direction under section 13F(3)(a) or (b), (7) or (13)(a) or (b) of the Opticians Act;
c
is included in the ophthalmic performers list of another Primary Care Trust.
2
For the purposes of regulation 10(1)(b), the day prescribed in this Part is 14th December 2001 .
3
In calculating the period of 12 months under regulation 10(7) (periods to be disregarded), the Primary Care Trust shall disregard any period during which the ophthalmic practitioner’s registration or his entitlement to practise as such was suspended —
a
if he is an OMP, in a case to which regulation 26(5) applies; or
b
if he is an optometrist, under section 13L (interim orders) of the Opticians Act .
Additional decision that may be appealed
42
An ophthalmic practitioner may also appeal, under regulation 15, against a decision of the Primary Care Trust to refuse to include his name in its ophthalmic performers list under regulation 40(1).
.
Transitional provisions
6
The provisions in the Schedule shall have effect.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th April 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations 2008 and shall come into force for the purpose of regulation 2 at 11.59 p.m. on 15 th May 2008 and for all other purposes on 16 th May 2008.
Revocation of the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations 2008
2
The Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations 2008 are revoked.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
3
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulation 4.
4
In the table of driving licence fees in Part 1 of Schedule 3 after the entry numbered 11 insert a new entry, and in respect of that new entry —
a
in the column headed “No.” insert “12”;
b
in the column headed “Description of licence and circumstances of application” insert “A photocard licence granted in exchange for a photocard licence which has been surrendered in pursuance of section 99(2A) of the Traffic Act ”; and
c
in the column headed “Fee payable” insert “£17.50”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
13th May 2008
We approve the making of these Regulations
Frank Roy
Alan Campbell
Two of the Commissioners of Her Majesty’s Treasury
14th May 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008 and shall come into force on 4th February 2008.
2
In these Regulations —
the “ IBB ” means the Independent Barring Board ,
the “unique identification number accorded to the monitoring application or referral” means the reference number used by the IBB to identify a particular monitoring application or referral,
the “Police National Computer identification number” means the reference number used on the Police National Computer to identify a particular individual, and
the “Criminal Records Bureau disclosure number” means the reference number used by the Criminal Records Bureau to identify a particular monitoring application or referral.
Other information that the IBB must keep in respect of an individual included in a barred list
2
The descriptions of information set out in regulations 3 and 4 are prescribed as other information that the IBB must keep in respect of an individual who is included on a barred list.
3
The information prescribed by this regulation is the following information related to the identity of the individual and provided to the IBB —
a
any alternative names and aliases of the individual;
b
the individual’s date and place of birth;
c
the address of the individual;
d
all information on any monitoring application submitted by the individual;
e
the unique identification number accorded to the monitoring application or referral to the IBB in respect of the individual;
f
the Police National Computer identification number relating to the individual;
g
the Criminal Records Bureau disclosure number relating to the monitoring application or the referral to the IBB in respect of the individual;
h
the national insurance number of the individual; and
i
all additional information relating to the identity of the individual.
4
The information prescribed by this regulation is the following information related to the IBB’s functions —
a
the date of the individual’s inclusion on the barred list;
b
all information provided to the IBB which it considers relevant to the decision of whether or not the individual should be barred;
c
any information provided to the IBB by keepers of relevant registers or supervisory authorities in accordance with sections 41 (Registers: duty to refer) and 45 (Supervisory authorities: duty to refer) of the Safeguarding Vulnerable Groups Act 2006;
d
relevant police information provided to the IBB but which the IBB must not take account of for the purpose of deciding whether or not the individual should be barred, in accordance with paragraph 19(5) and (6) to Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 (information which the chief officer of a relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose to the individual);
e
the reasons for the IBB’s decision to bar the individual, including any findings of fact made by the IBB giving rise to that decision;
f
any information provided to the IBB, including representations made to it by the individual, which the IBB considers might be relevant to any subsequent appeal or review; and
g
the outcome of any such appeal or review and any information provided to or held by the IBB following such proceedings, including any findings of fact.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
8th January 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008.
2
These Regulations shall come into force on 1st April 2008.
Interpretation
2
In these Regulations —
“the 2006 Act ” means the National Health Service Act 2006 ;
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“care home” has the meaning assigned by section 3 of the Care Standards Act 2000 ;
“care services” has the meaning given in section 221(6) of the Act;
“excluded activities” means any activities provided in pursuance of —
the social services functions of a local authority so far as relating to persons aged under 18;
the functions, in so far as not covered by paragraph (a), conferred on or exercised by a local authority under the Children Act 1989 , the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ; and
the functions, in so far as not covered by paragraph (a), continuing to be exercisable by a local authority under the Adoption Act 1976 ;
“excluded premises” means —
parts of a care home which are not communal areas;
premises or parts of premises used as residential accommodation for employees of services-providers;
premises which are occupied by one or more persons as their home and which at least one of those persons occupies under a tenancy or a licence;
“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 .
Duty of services-providers to allow entry by local involvement networks
3
1
A services-provider must allow an authorised representative to —
a
enter and view, and
b
observe the carrying-on of activities on,
premises that it owns or controls.
2
Paragraph (1) does not apply —
a
in respect of any premises, or parts of premises, if the presence of an authorised representative on those premises, or those parts of premises, would compromise —
i
the effective provision of care services, or
ii
the privacy or dignity of any person;
b
if the authorised representative does not comply with regulation 5;
c
in respect of excluded premises;
d
to observing the carrying-on of excluded activities;
e
to entering and viewing premises, or parts of premises, for the purpose of observing the carrying-on of excluded activities;
f
in respect of any premises, or parts of premises, at any time when care services are not being provided on those premises or those parts of premises;
g
if, in the opinion of the services-provider, the authorised representative in seeking to enter and view, and observe the carrying-on of activities on, the premises that the services-provider owns or controls is not acting reasonably and proportionately;
h
if an authorised representative does not provide the services-provider with evidence that the representative is authorised in accordance with regulation 4.
3
Where any premises, or parts of premises, are owned by a services-provider and controlled by another services-provider, then for the purpose of this regulation the services-provider who owns those premises, or parts of premises, is to be treated as not being a services-provider.
Authorised representative
4
An individual may be authorised for the purposes of section 225 of the Act only if that individual is authorised in accordance with arrangements made in pursuance of arrangements made by a local authority under section 221(1) of the Act.
Viewing and observing activities
5
For the purposes of section 225(4)(b) of the Act, while an authorised representative is on any premises as a result of a services-provider having complied with a duty imposed under regulation 3(1) the authorised representative must not act in any way that compromises —
a
the effective provision of care services; or
b
the privacy or dignity of any person.
Services-provider
6
For the purposes of section 225(7)(e) of the Act, the following persons are prescribed as services-providers —
a
a person providing services which are primary medical services for the purposes of the 2006 Act;
b
a person providing services which are primary dental services for the purposes of the 2006 Act;
c
a person providing services which are primary ophthalmic services for the purposes of the 2006 Act;
d
a person providing services which are pharmaceutical services for the purposes of the 2006 Act; and
e
a person who owns or controls premises where services referred to in paragraphs (c) or (d) are provided.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
27th March 2008