text:
Citation and commencement
1
1
This Order may be cited as the Immigration (Isle of Man) Order 2008.
2
This Order shall come into force —
a
on 13th March 2008, for the purpose of enabling rules, regulations and orders to be made under any enactment which extends to the Isle of Man by virtue of this Order;
b
on 1st May 2008, for all other purposes.
Interpretation
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1988 Act ” means the Immigration Act 1988 ;
“the 1996 Act ” means the Asylum and Immigration Act 1996 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 ;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006 .
Revocation of existing Orders
3
The following Orders are revoked —
a
the Immigration (Isle of Man) Order 1991 , and
b
the Immigration (Isle of Man) Order 1997 .
Transitional provisions
4
The transitional provisions in Schedule 2 shall have effect.
General modifications
5
Unless the context otherwise requires, in any enactment which extends to the Isle of Man by virtue of this Order —
a
any reference to —
i
an enactment which extends to the Isle of Man (whether by virtue of this Order or otherwise), or
ii
a provision of any such enactment,
shall be construed as a reference to that enactment or provision as it has effect in the Isle of Man;
b
any expression which is not defined in that enactment but is defined in the Interpretation Act 1976 (an Act of Tynwald) shall have the meaning assigned to it by that Act;
c
any reference to a named Department (including the Treasury) is to the Department of the Isle of Man Government so named.
Extension of the Immigration Act 1971 to the Isle of Man
6
1
The following provisions of the 1971 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 3.
2
The provisions are —
a
Part 1 (regulations of entry and stay);
b
Part 3 (criminal proceedings);
c
Part 4 (supplementary provisions), except for sections 29 (contributions to expenses), 30 (return of mental patients), 34 (repeal, transitional and temporary provision), 35 (commencement and interim provisions) and 36 (power to extend to Islands).
7
For ease of reference, the provisions of the 1971 Act as modified and extended to the Isle of Man are set out in Part 1 of Schedule 10.
Extension of the British Nationality Act 1981 to the Isle of Man
8
1
The following provisions of the 1981 Act shall extend to the Isle of Man.
2
The provisions are —
a
subsections (1), (2) and (4) of section 39 (amendment of Immigration Act 1971);
b
subsection (6) of section 39 in so far as necessary for the purposes of the next subparagraph;
c
the following paragraphs of Schedule 4 (amendments of Immigration Act 1971) —
i
paragraph 1;
ii
paragraph 2, except in so far as it relates to the following provisions of the 1971 Act —
aa
subsections (5) and (7) of section 3 (general provisions for regulation and control);
bb
subsection (2) of section 14 (appeals against conditions);
cc
subsection (1) of section 29 (contributions towards expenses);
dd
paragraph 3(1) of Schedule 4 (integration of immigration laws);
iii
paragraph 3 in so far as it relates to the following provisions of the 1971 Act —
aa
subsection (1)(d) of section 26 (general offences in connection with administration of Act);
bb
paragraph 19(2) of Schedule 2 (administrative provisions as to control and entry);
iv
paragraph 5;
v
paragraph 7.
Extension of the Criminal Justice Act 1982 to the Isle of Man
9
— Section 64 (person recommended by courts for deportation) of, and Schedule 10 (amendment of Schedule 3 to the 1971 Act) to, the Criminal Justice Act 1982 shall extend to the Isle of Man.
Extension of the Immigration Act 1988 to the Isle of Man
10
1
The following provisions of the 1988 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 4.
2
The provisions are —
a
section 2 (restrictions on exercise of right of abode in cases of polygamy);
b
subsection (3) of section 3 (proof of right of abode) in so far as it amends subsection (2) of section 2 (statement of right of abode) of the 1971 Act;
c
subsections (1) and (2) of section 6 (amendment to section 24 of the 1971 Act);
d
section 7 (persons exercising Community rights and nationals of member States);
e
section 10 (minor amendments) in so far as necessary for the purposes of the next subparagraph;
f
the following paragraphs of the Schedule (minor amendments) —
i
paragraphs 1 and 2;
ii
paragraph 5;
iii
paragraph 7(1);
iv
paragraph 8(1) and (2);
v
paragraph 9(1) and (2);
vi
paragraph 10(1), (2) and (3);
g
section 11 (expenses and receipts); and
h
section 12 (short title and interpretation).
11
For ease of reference, the provisions of the 1988 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 2 of Schedule 10.
Extension of the Asylum and Immigration Act 1996 to the Isle of Man
12
1
The following provisions of the 1996 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 5.
2
The provisions are —
a
section 6 (increased penalties);
b
section 8 (restrictions on employment);
c
section 8A (code of practice);
d
subsection (1) of section 12 (other amendments and repeals) in so far as necessary for the purposes of the next subparagraph;
e
the following paragraphs of Schedule 2 (amendments of the 1971 Act and the Immigration Act 1988) —
i
paragraph 1(1);
ii
paragraph 2;
iii
paragraph 4(1);
iv
paragraphs 5 and 6;
v
paragraphs 8 to 13;
f
section 13 (short title and interpretation).
13
For ease of reference, the provisions of the 1996 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 3 of Schedule 10.
Extension of the Immigration and Asylum Act 1999 to the Isle of Man
14
1
The following provisions of the 1999 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 6.
2
The provisions are —
a
in Part 1 (immigration: general) —
i
sections 1 to 3 (leave to enter, or remain in, the United Kingdom);
ii
sections 6 to 8 (exemption from immigration control);
iii
section 10 (removal of certain persons unlawfully in the United Kingdom);
iv
section 13 (proof of identity of persons to be removed or deported);
v
section 14 (escorts for persons removed under directions);
vi
sections 16 and 17 (provision of financial security);
vii
sections 18 and 19 (information);
viii
section 22 (restrictions on employment: code of practice);
ix
section 24 (duty to report suspicious marriages.);
x
sections 25 and 26 (immigration control: facilities and charges);
xi
section 28 (offences: deception);
xii
section 30 (offences: false statements, etc );
b
in Part 2 (carriers’ liability) —
i
sections 32 to 37 and Schedule 1 (sale of transporters);
ii
subsection (2) of section 38 (assisting illegal entry and harbouring);
iii
sections 40 to 40B (passengers without proper documents);
iv
section 43 (interpretation of Part 2);
c
in Part 3 (bail), section 54 (extension of right to apply for bail in deportation cases);
d
in Part 7 (power to arrest, search and fingerprint), sections 128 to 146;
e
in Part 10 (miscellaneous and supplemental) —
i
sections 165 to 168 (miscellaneous and supplemental);
ii
subsection (1) of section 169 (minor and consequential amendments, etc) in so far as necessary for the purposes of the next sub-subparagraph;
iii
the following paragraphs of Schedule 14 (consequential amendments) —
aa
paragraphs 43 to 45;
bb
paragraph 52;
cc
paragraphs 54 to 65;
dd
paragraphs 67 and 68;
ee
paragraph 70;
iv
subsection (3) of section 169 (repeals) in so far as necessary for the purposes of the next sub-subparagraph;
v
Schedule 16 (repeals), in so far as it relates to provisions of the 1971 Act, the Immigration (Carriers’ Liability) Act 1987 , the 1988 Act and the Asylum and Immigration Appeals Act 1993 which extend to the Isle of Man;
vi
section 170 (short title, commencement and extent).
15
For ease of reference, the provisions of the 1999 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 4 of Schedule 10.
Extension of the Nationality, Immigration and Asylum Act 2002 to the Isle of Man
16
1
The following provisions of the 2002 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 7.
2
The provisions are —
a
in Part 1 (nationality), section 10 (right of abode: certificate of entitlement);
b
in Part 4 (detention and removal) —
i
sections 62 (detention by Secretary of State) and 63 (control of entry to United Kingdom, &c.: use of force);
ii
sections 72 to 76 (removal);
iii
sections 78 (no removal while appeal pending) and 79 (deportation order: appeal);
c
in Part 5 (immigration appeals) —
i
sections 81 (adjudicators) and 82 (right of appeal: general);
ii
sections 84 to 87 (appeal to adjudicator);
iii
sections 88 to 92 (exceptions and limitations);
iv
sections 94 to 99 (exceptions and limitations);
v
section 103E (appeal from Tribunal sitting as panel);
vi
sections 104 to 106 (procedure);
vii
section 108 (forged document: proceedings in private);
viii
section 109 (European Union and European Economic Area);
ix
sections 112 (regulations, &c.) and 113 (interpretation);
x
subsection (3) of section 114 (repeal) in so far as is necessary for the purposes of the next sub-subparagraph;
xi
the following paragraphs of Schedule 7 (consequential amendments) —
aa
paragraphs 1 and 2;
bb
paragraphs 4 and 5;
cc
paragraph 6(a);
dd
paragraphs 7 and 8;
d
in Part 6 (immigration procedure) —
i
sections 118 to 121 (applications);
ii
section 125 (carriers’ liability) in so far as is necessary for the purposes of the next sub-subparagraph;
iii
the following paragraphs of Schedule 8 (carriers’ liability) —
aa
paragraphs 1 to 11;
bb
paragraph 13;
cc
paragraphs 15 and 16(1) and (3);
iv
sections 126 to 128 (provision of information by traveller);
v
section 133 (disclosure of information: medical inspectors);
vi
section 134 (disclosure of information: employer);
vii
sections 136 to 139 (disclosure of information by private person);
e
in Part 7 (offences) —
i
sections 143 and 144 (assisting unlawful immigration, &c);
ii
sections 145 to 151 (substance);
iii
sections 152 to 155 (procedure);
f
in Part 8 (general) —
i
sections 159 (applied provision) and 160 (money);
ii
section 161 (repeals) in so far as is necessary for the purposes of the next sub-subparagraph;
iii
Schedule 9 (repeals), in so far as it relates to provisions of the 1971 Act which extend to the Isle of Man;
iv
section 164 (short title).
17
For ease of reference, the provisions of the 2002 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 5 of Schedule 10.
Extension of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 to the Isle of Man
18
1
The following provisions of the 2004 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 8.
2
The provisions are —
a
section 1 (assisting unlawful immigration);
b
section 2 (entering without passport, etc);
c
section 4 (trafficking people for exploitation);
d
section 5 (section 4: supplemental);
e
section 6 (employment);
f
section 14 (immigration officer: power of arrest);
g
section 15 (fingerprinting);
h
section 16 (information about passengers);
i
section 17 (retention of documents);
j
section 18 (control of entry);
k
section 19 (procedure for marriage);
l
section 20 (procedure for marriage: supplemental);
m
section 25 (application for permission);
n
subsection (6) of section 26 (unification of appeal system);
o
subsection (7) of section 26 (unification of appeal system) in so far as is necessary for the purposes of the next subparagraph;
p
the following paragraphs of Schedule 2 (consequential amendments) —
i
paragraph 16;
ii
paragraph 21(a), (b), (c) and (o);
q
subsections (1) to (3) and (7) of section 27 (unfounded human rights or asylum claim);
r
section 28 (appeal from within United Kingdom);
s
section 29 (entry clearance);
t
section 30 (earlier right of appeal);
u
section 31 (seamen and aircrews: right of appeal);
v
section 34 (detention pending deportation);
w
section 35 (deportation or removal: co-operation);
x
section 36 (electronic monitoring);
y
section 42 (amount of fees);
z
section 45 (interpretation: immigration officer);
aa
section 47 (repeals) in so far as is necessary for the purposes of the next sub-subparagraph;
bb
Schedule 4 (repeals), in so far as it relates to provisions of the 1971 Act which extend to the Isle of Man;
cc
section 50 (short title).
19
For ease of reference, the provisions of the 2004 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 6 of Schedule 10.
Extension of the Immigration, Asylum and Nationality Act 2006 to the Isle of Man
20
1
The following provisions of the 2006 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9.
2
The provisions are —
a
section 2 (removal);
b
section 5 (failure to provide documents);
c
section 6 (refusal of leave to enter);
d
section 7 (deportation);
e
section 9 (abandonment of appeal);
f
section 11 (continuation of leave);
g
section 27 (documents produced or found);
h
section 28 (fingerprinting);
i
section 29 (attendance for fingerprinting);
j
section 30 (proof of right of abode);
k
section 42 (information: embarking passengers);
l
section 48 (removal: cancellation of leave);
m
section 50 (procedure);
n
section 51 (fees);
o
subsections (1) to (6) of section 52 (fees: supplemental);
p
subsection (7) of section 52 (fees: supplemental) in so far as is necessary for the purposes of the next paragraph;
q
the following paragraphs of Schedule 2 (fees: consequential amendments) —
i
paragraph 4;
ii
paragraph 6;
r
section 53 (arrest pending deportation);
s
section 54 (Refugee Convention: construction);
t
section 57 (deprivation of right of abode);
u
section 64 (citation).
21
For ease of reference, the provisions of the 2006 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 7 of Schedule 10.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Recovery Measures) Order 2008 and comes into force on 30th September 2008.
Extent and application
2
1
This Order extends to England and Wales.
2
This Order applies —
a
in England and Wales;
b
in relation to English fishing boats and Welsh fishing boats wherever they are; and
c
in relation to other fishing boats within British fishery limits except when they are in —
i
the Scottish zone (as defined in section 126(1) of the Scotland Act 1998 );
ii
the Northern Ireland zone (as defined in section 98 of the Northern Ireland Act 1998 ); or
iii
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.
Interpretation
3
1
In this Order —
“British sea-fishery officer” has the same meaning as in section 7 of the Sea Fisheries Act 1968 ;
“the Cod Regulation ” means Council Regulation (EC) No 423/2004 establishing measures for the recovery of cod stocks , as amended from time to time;
“Community fishing boat” means a fishing boat flying the flag of, and registered in, a member State, other than a relevant fishing boat;
“the Control Regulation ” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy , as amended from time to time;
“English fishing boat” means —
a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging, or
a fishing boat, other than a Scottish fishing boat, a Welsh fishing boat or a Northern Ireland fishing boat, which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act;
“equivalent provision” means a provision in any other Order extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England or Wales by virtue of section 30(2A) of the Fisheries Act 1981 ;
“the Hake Regulation ” means Council Regulation (EC) No 811/2004 establishing measures for the recovery of the northern hake stock , as amended from time to time;
“the North Sea Plaice and Sole Regulation ” means Council Regulation (EC) No 676/2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea , as amended from time to time;
“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
“person in charge”, in relation to any fishing boat, means the owner, the master and the charterer, if any, of the fishing boat and the agent of any of them;
“relevant fishing boat” means an English fishing boat, a Northern Ireland fishing boat, a Scottish fishing boat or a Welsh fishing boat;
“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
“Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006 ;
“Welsh fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging;
“the Western Channel Sole Regulation ” means Council Regulation (EC) No 509/2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel , as amended from time to time.
2
In this Order, a reference to a document includes a reference to —
a
any map, plan, graph or drawing;
b
any photograph;
c
any data, however reproduced, communicated via a fisheries monitoring centre established under Article 3.7 of the Control Regulation;
d
any disk, tape, sound track or other device on which sounds or other data, other than visual images, are recorded so as to be capable of being reproduced with or without the aid of some other equipment;
e
any film, microfilm, negative, tape, disk or other device on which one or more visual images are recorded so as to be capable of being reproduced with or without the aid of some other equipment.
3
Expressions which are not defined in this Order but which appear in this Order and in the Cod Regulation, the Hake Regulation, the North Sea Plaice and Sole Regulation or the Western Channel Sole Regulation have the same meaning in this Order as they have in those Regulations.
Requirements to communicate effort reports etc. and to record and account for time
4
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a requirement of —
a
Article 19b, 19c (communication of effort reports) or 19e (recording and accounting of time spent in areas) of the Control Regulation as applied by Article 9 of the Cod Regulation;
b
Article 19e of the Control Regulation as applied by Article 7 of the Hake Regulation; or
c
Article 19b, 19c or 19e of the Control Regulation as applied by Article 10 of the North Sea Plaice and Sole Regulation.
Margin of tolerance in estimation of quantities reported in the logbook
5
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if the 8% margin of tolerance referred to in any of the following Articles is exceeded —
a
Article 13 of the Cod Regulation;
b
Article 10 of the Hake Regulation;
c
Article 11 of the North Sea Plaice and Sole Regulation;
d
Article 6 of the Western Channel Sole Regulation.
Prior notification requirements and prohibition of certain transhipment
6
1
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by —
a
Article 11(1) or (3) of the Cod Regulation (prior notification to competent authority of entry into port or landing location where more than one tonne of cod on board, of transhipping or discharging cod at sea or of landing it in third countries);
b
Article 8(1) or (3) of the Hake Regulation (prior notification to competent authority of entry into port or landing location where more than two tonnes of northern hake on board, of transhipping or discharging northern hake at sea or of landing it in third countries);
c
Article 13 of the North Sea Plaice and Sole Regulation (prior notification to competent authority of landing plaice or sole in third countries); or
d
Article 7 of the Western Channel Sole Regulation (prior notification to competent authority of transhipping sole or landing it in third countries).
2
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a prohibition imposed by Article 16 of the North Sea Plaice and Sole Regulation (prohibition of transhipment of sole and plaice).
3
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by a British sea-fishery officer that the discharge of catch referred to in Article 11(2) of the Cod Regulation or Article 8(2) of the Hake Regulation does not commence until authorised by a British sea-fishery officer.
4
For the purposes of paragraph (1), the competent authority is —
a
the Welsh Ministers, in relation to ports and landing locations in Wales, and
b
the Secretary of State for Environment, Food and Rural Affairs in all other cases.
Prohibition of retention on board of containers of mixed fish and requirement of separate stowage of fish
7
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a prohibition or a requirement imposed by —
a
Article 14 of the Cod Regulation (prohibition of retention on board of containers of cod mixed with other species and requirement for separate stowage of containers of cod);
b
Article 11 of the Hake Regulation (prohibition of retention on board of containers of northern hake mixed with other species and requirement for marking of containers of northern hake or their separate stowage);
c
Article 14(1) of the North Sea Plaice and Sole Regulation (prohibition of retention on board of individual containers of plaice or sole mixed with other species); or
d
Article 8(1) of the Western Channel Sole Regulation (prohibition of retention on board of individual containers of common sole mixed with other species).
Sampling and weighing regime
8
1
A person in charge of any fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by a British sea-fishery officer to weigh fish —
a
in the presence of a controller, in accordance with —
i
Article 15(1) of the Cod Regulation (weighing of cod before being transported from port of first landing and weighing of representative samples before cod landed in designated ports offered for first sale and sold);
ii
Article 12(1) of the Hake Regulation (weighing of northern hake before being transported from port of first landing and weighing of representative samples before northern hake landed in designated ports offered for first sale and sold); or
iii
Article 9(1) of the Western Channel Sole Regulation (weighing of common sole exceeding 300 kilograms before being transported from port of first landing); or
b
in accordance with Article 15(1) of the North Sea Plaice and Sole Regulation (weighing of plaice exceeding 500 kilograms or sole exceeding 300 kilograms before being transported from port of first landing and weighing before transportation from port of first landing using scales certified as accurate).
2
A person in charge of any fishing boat who fails to weigh fish in accordance with Article 12 of the North Sea Plaice and Sole Regulation (weighing of sole exceeding 300 kilograms or plaice exceeding 500 kilograms before sale using scales certified as accurate) is guilty of an offence.
3
For the purposes of this article —
a
a British sea-fishery officer is a controller, and
b
the Secretary of State for Environment, Food and Rural Affairs in relation to England, and the Welsh Ministers in relation to Wales, may authorise any other person to be a controller, and any such authorisation may be restricted to apply only in respect of certain fishing boats or certain ports.
Transport without required documentation
9
The owner or hirer of, and the person responsible for, a vehicle is guilty of an offence if that vehicle is used to transport —
a
cod in contravention of Article 15(2) of the Cod Regulation (requirement that more than 50 kilograms of cod transported to place other than that of first landing or import be accompanied by declaration);
b
northern hake in contravention of Article 12(2) of the Hake Regulation (requirement that more than 50 kilograms of northern hake transported to place other than that of first landing or import be accompanied by declaration);
c
plaice or sole in contravention of Article 15(2) of the North Sea Plaice and Sole Regulation (requirement that more than 500 kilograms of plaice or more than 300 kilograms of sole transported to a place other than that of landing be accompanied by declaration); or
d
common sole in contravention of Article 9(2) of the Western Channel Sole Regulation (requirement that more than 300 kilograms of common sole transported to place other than that of landing or import be accompanied by declaration).
Landing of fish in excess of two tonnes at designated ports
10
1
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with an obligation imposed by —
a
Article 12(1) of the Cod Regulation (requirement to land more than two tonnes of cod at designated ports), or
b
Article 9(1) of the Hake Regulation (requirement to land more than two tonnes of northern hake at designated ports).
2
The Schedule specifies the ports, and where applicable the landing locations within them, which are designated in accordance with Article 12(2) of the Cod Regulation and Article 9(2) of the Hake Regulation.
Penalties
11
1
A person found guilty of an offence under any of articles 4 to 10 or under an equivalent provision is liable —
a
on summary conviction, to a fine not exceeding £50,000,
b
on conviction on indictment, to a fine.
2
A court by or before which a person is convicted of an offence referred to in paragraph (1) may also order —
a
the forfeiture of any fish in respect of which the offence was committed, or
b
a fine not exceeding the value of any fish in respect of which the offence was committed.
Recovery of fines
12
1
Where a magistrates’ court imposes a fine on a person convicted of an offence under this Order or under an equivalent provision, the court may —
a
for the purpose of levying the amount of the fine, issue a warrant of distress against —
i
the boat involved in the commission of the offence;
ii
its gear and catch; and
iii
any property of the person convicted; and
b
order that the boat, its gear and catch be detained until the earlier of —
i
the expiry of a period not exceeding three months from the date of the conviction;
ii
the fine being paid; or
iii
the amount of the fine being levied in pursuance of any such warrant.
2
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or under an equivalent provision, an order under Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in England and Wales, this article applies as if the fine were imposed by a court within that area.
Powers of British sea-fishery officers in relation to fishing boats
13
1
For the purpose of enforcing this Order or an equivalent provision, a British sea‑fishery officer has the powers set out in this article in relation to a fishing boat to which this Order applies.
2
A British sea‑fishery officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require it to stop and do anything else which will facilitate boarding or disembarkation.
3
A British sea‑fishery officer may require the attendance of the master and other persons on board and may make any examination and inquiry as appears to the officer to be necessary for the purpose mentioned in paragraph (1) and, in particular may —
a
search for fish or fishing gear on the boat and examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board to do anything which appears to the officer to be necessary for facilitating the examination;
b
require any person on board to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;
c
for the purpose of ascertaining whether an offence under this Order or an equivalent provision has been committed, search the boat for any such document and may require any person on board to do anything which appears to the officer to be necessary for facilitating the search;
d
inspect and copy any such document produced or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or an equivalent provision has been committed, seize and detain any such document produced or found on board for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order or any equivalent provision.
4
Where it appears to a British sea‑fishery officer that an offence under this Order or any equivalent provision has at any time been committed in relation to a fishing boat, the officer may —
a
take, or require the master of the boat to take, the boat and its crew to the port which appears to the officer to be the nearest convenient port, and
b
detain, or require the master to detain, the boat in the port.
5
A British sea‑fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
14
1
For the purpose of enforcing this Order or an equivalent provision, a British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats (or any connected or ancillary activities) or with the treatment, storage or sale of fish or fisheries products;
b
bring such other persons as appear to the officer to be necessary and any equipment or materials;
c
examine any fish or fisheries products on the premises and require persons on the premises to do anything which appears to the officer to be necessary for facilitating the examination;
d
carry out at the premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish or fisheries products from the premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under this Order or an equivalent provision has been committed;
f
require any person on the premises to produce any documents in that person’s custody or possession relating to the catching, landing, transportation, transhipment, sale or disposal of any fish or fisheries products or to the entry to, or exit from, any port or harbour by any fishing boat;
g
for the purpose of ascertaining whether any person present has committed an offence under this Order or any equivalent provision, search the premises for any such document and require any person present to do anything which appears to the officer to be necessary for facilitating the search;
h
inspect and take copies of any such document produced or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if the officer has a reason to suspect that an offence under this Order or any equivalent provision has been committed, seize and detain any such document produced or found on the premises for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order or any equivalent provision.
2
The provisions of paragraph (1) also apply in relation to any land used in connection with any of the activities described in paragraph (1)(a), or in respect of any vehicle which a British sea‑fishery officer has reasonable cause to believe is being used to transport fish or fisheries products, as they apply in relation to premises and, in the case of a vehicle, include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Warrants to enter premises
15
1
A justice of the peace who on sworn information in writing is satisfied that the circumstances in paragraph (2) apply may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with that officer such persons as appear to be necessary.
2
The circumstances are that —
a
there are reasonable grounds to believe that any documents or other items which a British sea-fishery officer has power under article 14 to inspect are on the premises;
b
the inspection of such documents or other items is likely to disclose evidence of the commission of an offence under this Order or an equivalent provision; and
c
either —
i
entry to the premises has been or is likely to be refused and notice of intention to apply for a warrant has been given to the occupier;
ii
an application for entry, or the giving of notice, would defeat the object of the entry;
iii
the premises are unoccupied; or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await that person’s return.
Powers of British sea-fishery officers to seize fish
16
A British sea-fishery officer may seize any fish, including any receptacle which contains the fish, in respect of which the officer has reasonable grounds to suspect that an offence under this Order or an equivalent provision has been committed.
Protection of officers
17
1
An officer is not liable in any civil or criminal proceedings for anything done or omitted to be done in the purported exercise of the powers conferred by article 13, 14, 15 or 16 if the court is satisfied that —
a
the officer acted in good faith;
b
there were reasonable grounds for so acting; and
c
the officer acted with reasonable skill and care.
2
In paragraph (1), “officer” means —
a
a British sea-fishery officer, or
b
a person assisting a British sea-fishery officer by virtue of —
i
article 13(2) or 14(1)(b), or
ii
a warrant issued under article 15.
Obstruction of officers
18
1
A person is guilty of an offence if that person —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred by this Order;
b
without reasonable excuse, prevents, or attempts to prevent, any other person from complying with any such requirement;
c
assaults an officer who is exercising any of the powers conferred by this Order; or
d
intentionally obstructs an officer in the exercise of any of the powers conferred by this Order.
2
In paragraph (1)(c) and (d), “officer” means —
a
a British sea-fishery officer, or
b
a person assisting a British sea-fishery officer by virtue of —
i
article 13(2) or 14(1)(b), or
ii
a warrant issued under article 15.
3
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding £50,000,
b
on conviction on indictment, to a fine.
Offences by corporate bodies
19
1
If an offence under this Order or under an equivalent provision committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.
3
In this article “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Admissibility of documents in evidence
20
1
In any proceedings in respect of an offence under this Order or under an equivalent provision, a document specified in paragraph (3) is evidence of the matters stated in that document.
2
In paragraphs (3) and (4), a reference to an Article is a reference to an Article of the Control Regulation.
3
The documents are —
a
a logbook kept under Article 6, 17.2 or 28c;
b
a declaration submitted under Article 8.1, 9, 12, 17.2 or 28f;
c
an effort report communicated under Article 19b or 19c;
d
a sales note or document submitted under Article 9;
e
a document drawn up under Article 13; or
f
a document containing required information received by a fisheries monitoring centre established under Article 3.7.
4
In paragraph (3)(f), “required information” means the following information as communicated via a satellite-based vessel monitoring system established under Article 3.1 —
a
the identification of a fishing boat;
b
its course and speed;
c
its most recent geographical position expressed in degrees and minutes of longitude and latitude; and
d
the date and time of the fixing of that position.
5
Expressions not defined in this Order which appear in this article and in the Control Regulation have the same meaning in this article as they have in that Regulation.
Revocations
21
The following are revoked —
a
the Sea Fishing (Restriction on Days at Sea) Order 2005 ;
b
the Sea Fishing (Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006 ;
c
the Sea Fishing (Northern Hake Stock) (Wales) Order 2006 .
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th August 2008
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2008


text:
Citation
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 3) Order 2008.
Appointed day for provisions relating to standard of proof in fitness to practise proceedings
2
1
3rd November 2008 is the appointed day for the coming into force of section 112 of the Health and Social Care Act 2008 (standard of proof in fitness to practise proceedings), but only for the purposes of new proceedings.
2
For the purposes of paragraph (1), “new proceedings” are all proceedings to which section 60A(1) of the Health Act 1999 applies, except –
a
proceedings under the General Optical Council (Fitness to Practise) Rules 2005 where the Presenting Officer addressed the Fitness to Practise Committee in relation to each allegation in accordance with rule 45 before 3rd November 2008;
b
proceedings under the General Medical Council (Fitness to Practise) Rules 2004 –
i
before a Fitness to Practise Panel where the allegation and the alleged facts were read out by the person acting as secretary in accordance with rule 17(2)(c) before 31st May 2008, or
ii
before the Investigation Committee where the Presenting Officer began to outline the allegation and the facts in accordance with rule 11(7) before 31st May 2008;
c
proceedings under the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 where the Chair of the Committee asked for the charge to be read out in accordance with rule 24(2)(b) before 3rd November 2008;
d
proceedings under the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993 where the charge was read in accordance with rule 15(2) before 3rd November 2008;
e
proceedings under the General Dental Council Professional Conduct Committee (Procedure) Rules 1984 ; and
f
proceedings under the General Dental Council Health Committee (Procedure) Rules 1984 .
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
16th October 2008


text:
Citation and commencement
1
This Order may be cited as the Serious Crime Act 2007 (Disclosure of Information by Revenue and Customs) Order 2008 and shall come into force on 11th March 2008.
Interpretation
2
In this Order “the CAB ” means the Criminal Assets Bureau in Ireland established under section 3(1) of the Criminal Assets Bureau Act 1996 .
Disclosure of information by Revenue and Customs
3
The following persons are specified in relation to the CAB for the purposes of section 85(7) of the Serious Crime Act 2007 (disclosure of information by Revenue and Customs) —
a
the Chief Bureau Officer;
b
the bureau legal officer; and
c
any person appointed as a bureau officer under section 8 of the Criminal Assets Bureau Act 1996.
Steve McCabe
Frank Roy
Two of the Lord’s Commissioners of Her Majesty’s Treasury
19th February 2008


text:
Citation and application
1
1
This Order may be cited as the School Admission Appeals Code (Appointed Day) (England) Order 2008.
2
This Order applies only in relation to England.
Appointed day
2
The day appointed for the coming into force of the School Admission Appeals Code (a copy of a draft of which was laid before each House of Parliament on 14th November 2007) is 17th January 2008.
Jim Knight
Minister of State
Department for Children, Schools and Families
14th January 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Gloucestershire) (Forest of Dean District) Designation Order 2008 and shall come into force on 26th May 2008.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
28th April 2008


text:
Title and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2008 and come into force —
a
for the purpose of regulation 4 on 30th June 2008, and
b
for all other purposes the 1st July 2008.
Amendments to the Plastic Materials and Articles in Contact with Food (England) Regulations 2008
2
The Plastic Materials and Articles in Contact with Food (England) Regulations 2008 are amended in accordance with regulations 3 to 5.
3
For paragraph (3) of regulation 22 (other transitional defences and savings) substitute the following —
3
In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it shall be a defence to prove —
a
in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No. ’s 30340, 30401, 56800, 76815, 76866, 88640 or 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods , that the derogation contained in Article 1 of the Commission Regulation amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods is applicable; or
b
in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No. 36640 (azodicarbonamide) contained in Annex III or in the case of plastic materials or articles which do not comply with the restrictions and specifications for phthalates under Ref. No.’s 74560, 74640, 74880, 75100 or 75105 contained in that Annex, that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or
c
in any case other than those mentioned in sub-paragraph (a) or (b), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st May 2009; and
d
that the act constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/ EC had not been implemented in England at the time the matter occurred.
4
In regulation 29 (revocations), omit paragraph (c).
Amendment to the Materials and Articles in Contact with Food (England) Regulations 2007
5
In paragraph (5) of regulation 11 (migration limits for regenerated cellulose film coated with plastics) of the Materials and Articles in Contact with Food (England) Regulations 2007 , for the expression “as read with regulation 11” substitute “as read with regulation 13”.
Amendment of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (England) Regulations 2007
6
In regulation 2 (interpretation) of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (England) Regulations 2007 , for the definition of “the Commission Regulation” substitute the following definition —
”the Commission Regulation” means Commission Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods as amended by the Commission Regulation amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods ;
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
23rd June 2008


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2008 and shall come into force on 1st May 2008.
2
In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.
Designated vessels
2
Each of the following vessels is designated as a vessel to which the Act applies —
a
the vessel known as Atlantic Conveyor, which sank on or about 25th May 1982;
b
the vessel known as HMS Acheron, which sank on or about 17th December 1940;
c
the vessel known as HMS Amphion, which sank on or about 6th August 1914;
d
the vessel known as HMS Ardent, which sank on or about 31st May 1916;
e
the vessel known as HMS Black Prince, which sank on or about 31st May 1916;
f
the vessel known as HMS Blackwood, which sank on or about 15th June 1944;
g
the vessel known as HMS Boadicea, which sank on or about 13th June 1944;
h
the vessel known as HMS Bullen, which sank on or about 6th December 1944;
i
the vessel known as HMS Curacao, which sank on or about 2nd October 1942;
j
the vessel known as HMS Defence, which sank on or about 31st May 1916;
k
the vessel known as HMS Delight, which sank on or abut 29th July 1940;
l
the vessel known as HMS Exmoor, which sank on or abut 25th February 1941;
m
the vessel known as HMS Fortune, which sank on or abut 31st May 1916;
n
the vessel known as HMS Gloucester, which sank on or about 22nd May 1941;
o
the vessel known as HMS Ghurka, which sank on or about 8th February 1917;
p
the vessel known as HMS Hood, which sank on or about 24th May 1941;
q
the vessel known as HMS Indefatigable, which sank on or about 31st May 1916;
r
the vessel known as HMS Invincible, which sank on or about 31st May 1916;
s
the vessel known as HMS K4, which sank on or about 31st January 1918;
t
the vessel known as HMS K17, which sank on or about 31st January 1918;
u
the vessel known as HMS L24, which sank on or about 10th January 1924;
v
the vessel known as HMS Loyalty, which sank on or about 22nd August 1944;
w
the vessel known as HMS M1,which sank on or about 12th November 1925;
x
the vessel known as HMS M2, which sank on or about 26th January 1932;
y
the vessel known as HMS Nestor, which sank on or about 31st May 1916;
z
the vessel known as HMS Nomad, which sank on or about 31st May 1916;
aa
the vessel known as HMS Penylan, which sank on or about 3rd December 1942;
bb
the vessel known as HMS Prince of Wales, which sank on or about 10th December 1941;
cc
the vessel known as HMS Queen Mary, which sank on or about 31st May 1916;
dd
the vessel known as HMS Repulse, which sank on or about 10th December 1941;
ee
the vessel known as HMS Shark, which sank on or about 31st May 1916;
ff
the vessel known as HMS Sheffield, which sank on or about 9th May 1982;
gg
the vessel known as RFA Sir Galahad, which sank on or about 25th June 1982;
hh
the vessel known as HMS Sparrowhawk, which sank on or about 31st May 1916;
ii
the vessel known as SS Storaa, which sank on or about 3rd November 1943;
jj
the vessel known as HMS Swordfish, which sank on or about 7th November 1940;
kk
the vessel known as HMS Tipperary, which sank on or about 31st May 1916;
ll
the vessel known as HMS Turbulent, which sank on or about 31st May 1916;
mm
the vessel known as HMS Umpire, which sank on or about 19th July 1941;
nn
the vessel known as HMS Vandal, which sank on or about 24th February 1943;
oo
the vessel known as HMS Vortigern, which sank on or about 15th March 1942;
pp
the vessel known as HMS Warrior, which sank on or about 31st May 1916;
qq
the vessel known as HMS Warwick, which sank on or about 20th February 1944;
rr
the vessel known as the U-12, which sank on or about 5th October 1939;
ss
the vessel known as the U714, which sank on or about 14th March 1945; and
tt
the vessel known as the UB-65, which sank on or about 14th July 1918.
Designated controlled sites
3
Each of the following areas is designated as a controlled site —
a
the areas which are situated within a distance of 100 metres of the point at —
i
Latitude 51° 25.392′ North, Longitude 00° 39.172′ East, which contains the remains of the vessel known as HMS Bulwark, and
ii
Latitude 57° 41.244′ North, Longitude 04° 05.310′ West, which contains the remains of the vessel known as HMS Natal;
b
The areas which are situated within a distance of 200 metres of the point at —
i
Latitude 50° 18.518′ North, Longitude 04° 17.984′ West, which contains the remains of the vessel known as HMS A7,
ii
Latitude 55° 37.747′ North, Longitude 05° 00.953′ West, which contains the remains of the vessel known as HMS Dasher,
iii
Latitude 58° 55.848′ North, Longitude 02° 59.001′ West, which contains the remains of the vessel known as Royal Oak, and
iv
Latitude 58° 51.400′ North, Longitude 03° 06.405′ West, which contains the remains of the vessel known as HMS Vanguard;
c
the area containing the vessel known as UB-81, which is situated within a distance of 250 metres of the point of Latitude 50° 29.442′ North, Longitude 00° 58.351′ West;
d
the area which are situated within a distance of 300 metres of the point at —
i
Latitude 53° 05.483′ North, Longitude 04° 41.975′ West, which contains the remains of the vessel known as HMS H5, and
ii
Latitude 59° 07.065′ North, Longitude 03° 23.843′ West, which contains the remains of the vessel known as HMS Hampshire;
e
the areas which are situated within a distance of 400 metres of the point at —
i
Latitude 49° 50.023′ North, Longitude 02° 34.533′ West, which contains the remains of the vessel known as HMS Affray, and
ii
Latitude 50° 13.179′ North, Longitude 03° 04.071′ West, which contains the remains of the vessel known as HMS Formidable; and
f
the area containing the vessel known as HMS Exmouth, which is situated within a distance of 750 metres of the point at Latitude 58° 18.467′ North, Longitude 02° 28.938′ West.
Revocation
4
The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 2006 is revoked.
Derek Twigg
Parliamentary Under Secretary of State for Defence
Ministry of Defence
1st April 2008


text:
PART 1 Preliminary
Citation and commencement
1
1
This Order may be cited as the Mental Health Act 2007 (Consequential Amendments) Order 2008.
2
Subject to paragraph (3), this Order comes into force on 3 November 2008.
3
Articles 11, 12, 13, 14, 17(b), 18(b) and 19(b) come into force on 4 May 2009.
Extent
2
1
Subject to paragraphs (2), (3), (4) and (5), this Order extends to England and Wales only.
2
Article 4 also extends to Scotland and Northern Ireland.
3
Article 6 also extends to Scotland.
4
Article 16 extends to England only.
5
Article 17 extends to Scotland only.
6
Article 20 also extends to Northern Ireland.
PART 2 Amendment of primary legislation
Amendment of the Local Authority Social Services Act 1970
3
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry relating to section 114 of the Mental Health Act 1983 , for “approved social workers” substitute “approved mental health professionals”.
Amendment of the Disability Discrimination Act 1995
4
In section 68(1) of the Disability Discrimination Act 1995 (interpretation), the definition of “mental impairment” is repealed.
Amendment of the Family Law Act 1996
5
In section 63L(4) of the Family Law Act 1996 (remand: medical examination and report), for “mental illness or severe mental impairment” substitute “mental disorder within the meaning of the Mental Health Act 1983”.
Amendment of the Disability Discrimination Act 2005
6
Paragraph 34(4) of Schedule 1 to the Disability Discrimination Act 2005 (minor and consequential amendments) is repealed.
PART 3 Amendment of subordinate legislation
Amendment of the Mental Health Act Commission (Establishment and Constitution) Order 1983
7
In article 3 of the Mental Health Act Commission (Establishment and Constitution) Order 1983 (functions of the Commission), after paragraph (2)(b) insert —
ba
the function of giving notice disapplying a Part 4A certificate under section 64H(5) of the Act ;
.
Amendment of the Family Proceedings Courts (Matrimonial Proceedings etc ) Rules 1991
8
In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (Forms), in Forms FL409 (Remand Order), FL413 (Hospital Order/Interim Hospital Order) and FL 414 (Guardianship Order), for “(mental illness) (severe mental impairment)” substitute “mental disorder”.
Revocation of the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996
9
The Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996 are revoked.
Amendment of the Teachers’ Pensions Regulations 1997
10
In Schedule 2 to the Teachers’ Pensions Regulations 1997 (pensionable employment), in paragraph 12, for “impairment, severe mental impairment, psychopathic disorder or mental illness” substitute “disorder”.
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
11
In regulation 5(b) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (functions of NHS bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000
12
In regulation 2(1)(b) of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 (prescribed functions of NHS bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000
13
In regulation 5(b) of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000 (functions of National Health Service bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001
14
In regulation 2(1)(b) of the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001 (prescribed functions of Health Authorities in Wales), for “sections 25A to 25H and” substitute “section”.
Revocation of the Mental Health Act 1983 (Remedial) Order 2001
15
The Mental Health Act 1983 (Remedial) Order 2001 is revoked.
Amendment of the Private and Voluntary Health Care (England) Regulations 2001
16
In regulation 47 of the Private and Voluntary Health Care (England) Regulations 2001 (mental health records), for “Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983” substitute “Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 ”.
Amendment of the Community Care (Direct Payments) (Scotland) Regulations 2003
17
In regulation 2 of the Community Care (Direct Payments) (Scotland) Regulations 2003 (description of persons specified for the purposes of section 12B(1) of the Act) —
a
after paragraph (m) insert —
ma
a person who is subject to a community treatment order within the meaning of section 17A of the 1983 Act
;
b
omit paragraph (n).
Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003
18
In regulation 2(2) of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 (prescribed descriptions of persons — community care services and services for carers) —
a
after subparagraph (e) insert —
ea
he is subject to a community treatment order within the meaning of section 17A of the 1983 Act;
;
b
omit subparagraph (f).
Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004
19
In Schedule 1 to the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 (persons to whom direct payments may not be made) —
a
after subparagraph (e) substitute —
ea
who is subject to a community treatment order within the meaning of section 17A of the 1983 Act;
;
b
omit subparagraph (f).
Amendment of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
20
In article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (patients absent from hospitals or other places in Scotland), in paragraph (2)(b)(i), for “social worker” substitute “mental health professional”.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
28th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2008 and come into force on 1st April 2008.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
2
The Education (Student Loans) (Repayment) Regulations 2000 are amended as follows.
3
In regulation 7 —
a
after paragraph (2) insert the following paragraphs —
2A
For years of assessment —
a
ending on or before 5 April 2008 sections 100 (determination of penalties by officer of Board), 100A (provisions supplementary to section 100) and 100B (appeals against policy determinations) of the 1970 Act shall apply to the penalties outlined in regulation 26(3) in connection with repayments under Part III as they apply in connection with income tax;
b
commencing on or after 6 April 2008, where the date on which the return is due to be filed is on or after 6 April 2009, Schedule 24 of the Finance Act 2007 (penalties for errors) shall apply in relation to the assessment of penalties and appeals against the assessment of penalties in connection with Part III as it applies to penalties in connection with income tax.
2B
Sections 100 (determination of penalties by officer of Board), 100A (provisions supplementary to section 100) and 100B (appeals against penalty determinations) of the 1970 Act shall apply to penalties other than those outlined in regulations 26(3) and 26(4) in connection with repayment under Part III and all penalties under Part IV as they apply to penalties in connection with income tax.
b
In paragraph (3) omit “100 and 100A (determination of penalties by officer of Board), 100B (appeals against penalty determinations),”.
4
In regulation 26 for paragraphs (3) and (4) substitute the following —
3
For years of assessment ending on or before 5 April 2008 —
a
section 95 of the 1970 Act (incorrect return or accounts for income tax or capital gains tax) shall apply in relation to anything done for the purposes of or in connection with the ascertainment of liability of a borrower to make a repayment under this Part as it applies for the purposes of or in connection with the ascertainment of liability to income tax, and for that purpose the difference referred to in section 95(2) shall be the difference between —
i
the amount calculated under regulation 15(1) and
ii
the amount which would have been the amount so calculated if the return, statement, declaration or accounts as made or submitted by the borrower had been correct.
b
section 97 (incorrect return or accounts: supplemental) of the 1970 Act shall apply in the case of returns, statements, declarations, accounts, information or documents for the purposes of repayments under this Part as it applies for the purposes of income tax.
4
For years of assessment commencing on or after 6 April 2008, where the date on which the return is due to be filed is on or after 6 April 2009, Schedule 24 of the Finance Act 2007 (penalties for errors) shall apply —
a
in relation to anything done for the purposes of or in connection with the ascertainment of liability of a borrower to make a repayment under this Part as it applies for the purposes of or in connection with the ascertainment of liability to income tax;
b
in the case of returns, statements, declarations, accounts, information or documents for the purposes of repayments under this Part as it applies for the purposes of income tax.
.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
28th February 2008


text:
Citation
1
This Order may be cited as the Hackleton CofE Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Hackleton CofE Primary School, Main Road, Hackleton, Northampton, Northamptonshire, NN7 2AB, 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.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) Order 2008 and comes into force on 15th March 2008.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972; and
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to the environment
2
Each of the following is designated in relation to the environment —
a
the Secretary of State; and
b
any Northern Ireland department.
Designation in relation to cat and dog fur
3
The Secretary of State is designated in relation to the placing on the market of cat and dog fur and of products containing such fur.
Relationship with other designations
4
1
This Order (except for Article 6) does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
they may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
b
the Welsh Ministers .
Restrictions
5
1
Article 2(b) only designates Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland.
2
Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
Revocation of existing designations
6
1
The designations described in the Schedule are revoked.
2
The following Orders are revoked —
a
the European Communities (Designation) Order 1984 ;
b
the European Communities (Designation) (No.2) Order 1985 ; and
c
the European Communities (Designation) (No.2) Order 1988 .
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 3) Regulations 2008 and shall come into force on 5 th January 2009.
Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2004
2
Part 4 of the Schedule to the Wireless Telegraphy (Spectrum Trading) Regulations 2004 is amended by inserting in Column 2 of Part 4 of the Schedule after “422.0 MHz to 424.0 MHz” —
542–550 MHz
742–750 MHz
758–766 MHz
.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
15 December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008 and shall come into force on 26th October 2008.
Amendment of the Employment and Support Allowance (Transitional Provisions) Regulations 2008
2
In regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 —
a
at the end of sub-paragraph (b) omit “or”;
b
at the end of sub-paragraph (c) add the following sub-paragraphs —
d
a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or
e
a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.
.
Signed by the authority of the Secretary of State for Work and Pensions
Jonathan Shaw
Parliamentary Under Secretary of State,
Department for Work and Pensions
21st October 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Calculation of Profits: Policy Holders’ Tax) (Amendment) Regulations 2008 and shall come into force on 8th August 2008.
2
These Regulations shall have effect in relation to periods of account beginning on or after 1st January 2008 and ending on or after these Regulations come into force.
Amendment of the Insurance Companies (Calculation of Profits: Policy Holders’ Tax) Regulations 2003
2
1
The Insurance Companies (Calculation of Profits: Policy Holders’ Tax) Regulations 2003 are amended as follows.
2
In regulation 4 in sub-paragraph (b) for “or 4” substitute “, 4 or 5”.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2008 and shall come into force on 26 th November 2008.
Amendment of the Civil Proceedings Fees Order 2008
2
The Civil Proceedings Fees Order 2008 is amended as follows.
3
For the note to fee 7.3(b), substitute “Fee 7.3(b) is payable in respect of each charging order applied for.”.
4
In fee 8.1 —
1
for “(a)” the second time it appears, substitute “(c)”; and
2
for “(b)” the second time it appears, substitute “(d)”.
5
For the note to fee 8.4(b), substitute “Fee 8.4(b) is payable in respect of each charging order applied for.”
6
For the description of fee 8.9, substitute “On an application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or a county court.”
7
After fee 8, insert —
8A Service in the county court
8A.1 On a request for service by a bailiff of an order to attend court for questioning. £30
8
In paragraph 1(1) of Schedule 2, in the definition of “party”, for “the party” substitute “the individual”.
9
In paragraph 2 of Schedule 2, after sub-paragraph 2(d), insert —
; and
e
income-related employment and support allowance under the Welfare Reform Act 2007 .
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th November 2008
We consent,
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 2008


text:
Title and commencement
1
These Regulations —
a
may be cited as the Infant Formula and Follow-on Formula (England) (Amendment) Regulations 2008; and
b
come into force on 29th October 2008.
Amendment of the Infant Formula and Follow-on Formula (England) Regulations 2007
2
1
The Infant Formula and Follow-on Formula (England) Regulations 2007 are amended in accordance with the following paragraphs.
2
For the provisions of regulation 3 (prohibition on the marketing of infant formula or follow-on formula unless certain conditions are met) there are substituted the following provisions —
1
No person shall market infant formula which contravenes or fails to comply with regulation 5, 6, 8, 10, 11, 12, 14(1), (2) or (3), 15, 17, 19 or 20(1).
2
No person shall market follow-on formula which contravenes or fails to comply with regulation 5, 7, 9, 10, 11, 12, 14(1), (2) or (3), 16, 18, 19 or 20(2).
.
3
For paragraphs (1) and (2) of regulation 20 (presentation (infant formula and follow-on formula)) there are substituted the following paragraphs —
1
The presentation of an infant formula shall comply with the provisions of regulations 17(1)(e), (2), (3) and (4) and 19.
2
The presentation of a follow-on formula shall comply with the provisions of regulations 18(2) and 19.
.
4
For sub-paragraph (a) of paragraph (1) of regulation 26 (export of infant formula to third countries) there is substituted the following sub-paragraph —
a
regulation 5, 6, 8, 10, 11, 12, 14(1), (2) or (3), 17, 19 or 20(1);
.
5
For paragraph (a) of regulation 27 (export of follow-on formula to third countries) there is substituted the following paragraph —
a
regulation 5, 7, 9, 10, 11, 12, 14(1), (2) or (3), 18, 19 or 20(2);
.
6
For paragraph (3) of regulation 31 (revocation and transitional arrangements) there is substituted the following paragraph —
3
In respect of any contravention or failure to comply before 1st January 2010, no person commits an offence under regulation 28(1) consisting of a contravention of or a failure to comply with —
a
regulation 3(1), where —
i
the action that would otherwise constitute the offence consists of marketing infant formula which contravenes or fails to comply with regulation 5, 6, 8, 10, 11, 12 or 14 (1), (2) or (3), and
ii
that action does not constitute an offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 2(a)(i) or (ii) of those Regulations;
b
regulation 3(1), where —
i
the action that would otherwise constitute the offence consists of marketing infant formula which contravenes or fails to comply with regulation 17 or 19, and
ii
that action, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 2(a)(iii) of those Regulations;
c
regulation 3(1), where —
i
the action that would otherwise constitute the offence consists of marketing infant formula which contravenes or fails to comply with regulation 20(1) in so far as regulation 20(1) applies in relation to the shape, appearance and packaging of that infant formula, and
ii
that action, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 2(a)(iv) of those Regulations in so far as regulation 2(a)(iv) applied in relation to the shape, appearance and packaging of that infant formula;
d
regulation 3(2), where —
i
the action that would otherwise constitute the offence consists of marketing follow-on formula which contravenes or fails to comply with regulation 5, 7, 9, 10, 11, 12 or 14(1), (2) or (3), and
ii
that action does not constitute an offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 3 (a) or (b) of those Regulations;
e
regulation 3(2), where —
i
the action that would otherwise constitute the offence consists of marketing follow-on formula which contravenes or fails to comply with regulation 18 or 19, and
ii
that action, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 3(c) of those Regulations;
f
regulation 3(2), where —
i
the action that would otherwise constitute the offence consists of marketing follow-on formula which contravenes or fails to comply with regulation 20(2) in so far as regulation 20(2) applies in relation to the shape, appearance and packaging of that follow-on formula, and
ii
that action, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 3(d) of those Regulations in so far as regulation 3(d) applied in relation to the shape, appearance and packaging of that follow-on formula;
g
regulation 4, where the action that would otherwise constitute the offence does not constitute an offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 2(b)(i) or (ii) of those Regulations;
h
regulation 4, where the action that would otherwise constitute the offence, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 2(b)(iii) of those Regulations; or
i
regulation 4, where the action that would otherwise constitute the offence, had it taken place on 10th January 2008, would not have constituted an offence under regulation 22(1) of the 1995 Regulations as they then stood consisting of a contravention of or a failure to comply with regulation 2(b)(iv) of those Regulations in so far as regulation 2(b)(iv) applied in relation to the shape, appearance and packaging of the product concerned.
.
Amendment of the Medical Food (England) Regulations 2000
3
1
The Medical Food (England) Regulations are amended in accordance with paragraph (2).
2
The following regulation is inserted immediately after regulation 7 (application of various provisions of the Food Safety Act 1990) —
Transitional arrangements
8
In respect of any contravention before 1st January 2010, no person commits an offence under regulation 5(a) consisting of a contravention of regulation 3(1)(a) where the action that would otherwise constitute the offence consists of selling a medical food whose composition fails to comply with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table I (minerals) in the Annex to the Directive if the composition of that medical food would have complied with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table I (minerals) in the Annex to the Directive as it stood before it was amended by Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC .
.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State,
Department of Health
16th September 2008


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (New Zealand) Order 2008.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (New Zealand) Order 1984 have been made with the Government of New Zealand with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of New Zealand;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes;
c
those arrangements also include provisions with respect to the assistance in the collection of taxes; and
d
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Primary Care Trusts and National Health Service Trusts (Membership and Procedure) Amendment Regulations 2008 and shall come into force on 16 th June 2008.
2
These Regulations apply in relation to England.
Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
2
1
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 are amended in accordance with the following paragraphs.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert the following definition —
“appointee” in relation to a Primary Care Trust means the chairman or a non-officer member of the trust;
.
3
In regulation 2 (membership of Primary Care Trusts), in paragraph (1), after “paragraphs (12) to (14)” insert “and regulation 4B(2)”.
4
After regulation 4 (termination of tenure of office: chairman and non-officer members), insert the following regulations —
Suspension of chairman and non-officer members
4A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 4(4) or (7); or
b
the person has become disqualified for appointment under regulation 5, or was so disqualified at the time of appointment.
2
The Secretary of State shall notify a person suspended under paragraph (1) of the decision to suspend the person from office, and the decision shall take effect upon receipt of such notification.
3
Subject to paragraphs (4) and (5), a period of suspension under paragraph (1) shall not exceed 6 months.
4
The Secretary of State may at any time review a suspension and shall review a suspension after 3 months if so requested in writing by the person who has been suspended.
5
On reviewing a suspension, the Secretary of State may —
a
revoke the suspension, in which case it shall cease to have effect; or
b
suspend the person from office for a period of not more than 6 months from the expiry of the current period of suspension.
Suspension: effect on maximum number of members and on meetings
4B
1
This regulation applies in relation to any Primary Care Trust in which an appointee of the trust is suspended under regulation 4A.
2
Where this regulation applies in relation to a Primary Care Trust, the reference in regulation 2(1) (membership of Primary Care Trusts) to the maximum number of members that a trust is to have shall have effect in respect of that trust as if the number were increased by the number of appointees so suspended.
3
Where this regulation applies in relation to a Primary Care Trust —
a
references in paragraph 2(2) and (3) of Schedule 2 to members shall mean members other than any member who is suspended under regulation 4A;
b
the reference in paragraph 6(a) of that Schedule to the whole membership shall mean the whole membership other than any appointee who is suspended under regulation 4A.
Suspension of chairman: appointment of vice-chairman
4C
1
This regulation applies in relation to any Primary Care Trust in which the chairman of the trust is suspended under regulation 4A.
2
If a vice-chairman has been appointed under regulation 7 (appointment of vice-chairman), that appointment shall cease to have effect from the time that the chairman is suspended.
3
The Secretary of State may, for the purpose of enabling the proceedings of the trust to be conducted in the absence of the chairman, appoint a non-officer member of the trust to be vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for such a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the trust,
as the Secretary of State may specify on making the appointment.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member, as vice-chairman in accordance with paragraph (3).
6
Any person appointed under paragraph (3) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) if the Secretary of State is of the opinion that it would be in the best interests of the trust for another non-officer member of the trust to be vice-chairman.
8
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (7),
the Secretary of State may appoint another non-officer member as vice-chairman in accordance with paragraph (3).
.
5
In regulation 7 (appointment of vice-chairman), add at the end the following paragraph —
4
This regulation does not apply in relation to any Primary Care Trust to which regulation 4C applies.
.
6
For regulation 8 (powers of vice-chairman), substitute the following regulation —
Powers of vice-chairman
8
1
This regulation applies where —
a
the chairman of a Primary Care Trust is suspended under regulation 4A and a member of the trust is appointed to be vice-chairman under regulation 4C; or
b
a member of a Primary Care Trust is appointed to be vice-chairman under regulation 7, and the chairman of the trust —
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in Schedule 2 shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990
3
1
The National Health Service Trusts (Membership and Procedure) Regulations 1990 are amended in accordance with the following paragraphs.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert the following definitions —
“the 2006 Act ” means the National Health Service Act 2006;
“appointee” in relation to an NHS trust means the chairman or a non-executive director of the trust;
.
3
In regulation 2 (maximum number of directors), in paragraphs (1) and (2), after “paragraphs (3) and (4)” insert “and regulation 9B(2)”.
4
After regulation 9 (termination of tenure of office of chairman and non-executive directors), insert the following regulations —
Suspension of chairman and non-executive directors
9A
1
The Secretary of State may suspend an appointee from performing the appointee’s functions as chairman or director while the Secretary of State considers whether —
a
to remove the person from office under regulation 9(3) or (6); or
b
the person is disqualified for appointment under regulation 11, or was so disqualified at the time of appointment.
2
The Secretary of State shall notify a person suspended under paragraph (1) of the decision to suspend, and the decision shall take effect upon receipt of such notification.
3
Subject to paragraphs (4) and (5), a period of suspension under paragraph (1) shall not exceed 6 months.
4
The Secretary of State may at any time review a suspension and shall review a suspension after 3 months if so requested in writing by the person who has been suspended.
5
On reviewing a suspension, the Secretary of State may —
a
revoke the suspension, in which case it shall cease to have effect; or
b
suspend the appointee from performing the appointee’s functions as chairman or director for a period of not more than 6 months from the expiry of the current period of suspension.
Suspension: effect on maximum number of directors and on meetings
9B
1
This regulation applies in relation to any NHS trust in which an appointee of the trust is suspended under regulation 9A.
2
Where this regulation applies in relation to an NHS trust, each of the references in regulation 2 (maximum number of directors) to the maximum number of —
a
directors; or
b
non-executive directors,
shall have effect in respect of that trust as if the number were increased by the number of appointees so suspended.
3
Where this regulation applies in relation to an NHS trust —
a
references in paragraphs 2(2) and 3(5) and (5A) of the Schedule to the whole number of directors shall mean the whole number of directors excluding any directors who are suspended under regulation 9A;
b
references in paragraph 2(3) of the Schedule to a director shall mean a director other than a director who is suspended under regulation 9A.
Suspension of chairman: appointment of vice-chairman
9C
1
This regulation applies in relation to any NHS trust in which the chairman of the trust is suspended under regulation 9A.
2
If a vice-chairman has been appointed under regulation 13 (appointment of vice-chairman), that appointment shall cease to have effect from the time that the chairman is suspended.
3
The Secretary of State may, for the purpose of enabling the proceedings of the trust to be conducted in the absence of the chairman, appoint a non-executive director of the trust to be vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for such a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-executive director’s term as a director of the trust,
as the Secretary of State may specify on making the appointment.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-executive director, as vice-chairman in accordance with paragraph (3).
6
Any person appointed under paragraph (3) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) if the Secretary of State is of the opinion that it would be in the best interests of the trust for another non-executive director of the trust to be vice-chairman.
8
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (7),
the Secretary of State may appoint another non-executive director as vice-chairman in accordance with paragraph (3).
Suspension: effect on order specifying number of non-executive directors
9D
1
This regulation applies in relation to any NHS trust —
a
in which an appointee of the trust is suspended under regulation 9A; and
b
which was established by an establishment order made before the date on which these Regulations are made.
2
Where this regulation applies in relation to an NHS trust, the provisions in the trust’s establishment order specifying the number of non-executive directors of the trust shall have effect as if the number were increased by the number of appointees so suspended.
3
In this regulation —
a
“establishment order” means an order made under section 5(1) of the Act or section 25(1) of the 2006 Act;
b
the reference in paragraph (2) to the number of non-executive directors relates to the number of non-executive directors specified in the establishment order, whether or not expressed to be including the chairman.
.
5
In regulation 13 (appointment of vice-chairman), add at the end the following paragraph —
3
This regulation does not apply in relation to any NHS trust to which regulation 9C applies.
.
6
In regulation 14 (powers of vice-chairman), after “Wales” insert “, suspension under regulation 9A”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
6th May 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Child Measurement Programme Regulations 2008 and shall come into force on 5th January 2009.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“height measure” means a stadiometer on which a person stands to be measured by means of a vertical rule and a sliding horizontal rod or paddle;
“the National Child Measurement Programme” means the annual programme under which Primary Care Trusts weigh and measure children in schools;
“parent” in relation to a relevant child includes any person who has parental responsibility for, or has care of, the child and, in determining whether a person has care of the child, any absence of the child at a hospital or boarding school and any other temporary absence shall be disregarded;
“parental responsibility” has the same meaning as in section 3 of the Children Act 1989 ;
“process” and “processed” are to be interpreted in accordance with the meaning of “processing” in section 1(1) of the Data Protection Act 1998 ;
“reception year” means the school year in which the majority of the children are aged either 4 or 5 years;
“relevant child” means a child in the reception year or year 6;
“relevant health professional” means a registered medical practitioner or a registered nurse;
“scales” means an electronic device on which a person stands to be weighed;
“school year” has the same meaning as in section 579(1) of the Education Act 1996 ; and
“year 6” means the school year in which the majority of the children are aged either 10 or 11 years.
Gathering and further processing height and weight information
2
1
Subject to paragraph (4) and to any directions given by the Secretary of State, the functions of the Secretary of State under paragraph 7A(1) and (2) of Schedule 1 to the Act , to make arrangements with local education authorities and proprietors of independent schools to weigh and measure children, are to be exercisable by Primary Care Trusts in relation to schools present in their area.
2
Each Primary Care Trust may, as provided for under such arrangements, weigh and measure children and further process resulting information for the purposes of the National Child Measurement Programme where the conditions laid down in paragraph (3) are met.
3
The conditions are —
a
the child to be weighed and measured is a relevant child who is able and willing to stand unaided on scales and under a height measure;
b
a parent of the relevant child has not withdrawn the child from participation in the weighing and measuring exercise;
c
the weighing and measuring exercise is conducted in a room or screened area where information on the measurements is secure and cannot be seen or heard by anyone who is not assisting in the conduct of the exercise or overseeing it; and
d
the arrangements are managed on behalf of the Primary Care Trust by a relevant health professional.
4
The functions exercisable by a Primary Care Trust under these Regulations may, by arrangement with that trust and subject to such restrictions and conditions as it may think fit, be exercised by another Primary Care Trust.
Parental involvement
3
1
A Primary Care Trust which is conducting a weighing and measuring exercise for the purposes of the National Child Measurement Programme under arrangements made under paragraph 7A(1) or (2) of Schedule 1 to the Act must take steps to give each parent of a relevant child to whom such exercise relates a reasonable opportunity to withdraw their child from participation in the exercise.
2
When conducting such a weighing and measuring exercise, a Primary Care Trust must take steps not to record or otherwise process any information in relation to a relevant child where it is aware that a parent has withdrawn that child from participation in the exercise.
Additional purposes for which information may be processed
4
Information gathered in accordance with these Regulations may be further processed by or on behalf of a Primary Care Trust with a view to —
a
releasing it, together with advisory material relating to children’s weight, to a parent of the relevant child to whom it relates;
b
providing advice to a parent of the relevant child in relation to such information;
c
releasing the information in a form in which the child cannot be identified to a relevant health professional, or to a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a relevant health professional, for use in accordance with good practice for surveillance, research, monitoring or audit and the planning of health services.
Signed by authority of the Secretary of State.
Dawn Primarolo
Minister of State,
Department of Health
27th November 2008