text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 and comes into force on 1st October 2007.
Extent and application
2
1
This Order extends to England and Wales.
2
This Order applies —
a
in England;
b
in relation to English and Welsh fishing boats wherever they are, except where they are in the sea adjacent to Wales out as far as the seaward boundary of the territorial sea ; and
c
in relation to other fishing boats within British fishery limits except where they are in —
i
the Scottish zone;
ii
the Northern Ireland zone;
iii
the territorial sea adjacent to Wales out as far as the seaward boundary of the territorial sea; or
iv
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.
3
For the purposes of this article —
a
“English fishing boat” means —
i
a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in England; or
ii
a fishing boat, other than —
aa
a Scottish fishing boat,
bb
a Welsh fishing boat, or
cc
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;
b
“Northern Ireland fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Northern Ireland;
c
“Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
d
“Scottish fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Scotland;
e
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ; and
f
“Welsh fishing boat” means a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Wales.
Interpretation
3
1
In this Order —
“the Regulation” means Council Regulation ( EC ) No 1185/2003 on the removal of fins of sharks on board vessels ;
“relevant offence” means —
an offence under article 4 of this Order; or
an offence under any provision in any other Order made for the purposes of implementing the Regulation in relation to any part of the United Kingdom which has equivalent effect to this Order proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981 (referred to in this Order as an “equivalent provision”).
2
Expressions in this Order which are not defined and which appear in the Regulation have the same meaning in this Order as they have for the purposes of the Regulation.
3
Any information notified for the purpose of any provision of this Order must be treated as notified for the purposes of any provision in an Order to which paragraph (b) of the definition of “relevant offence” applies.
Offences
4
1
Where there is a contravention of, or failure to comply with, any of those Articles of the Regulation which are listed in column 1 of the Schedule, the master, the owner and the charterer (if any) of the boat in relation to which the contravention or failure occurred are each guilty of an offence.
2
Without prejudice to paragraph (1), any person who contravenes or fails to comply with Article 3.2 of the Regulation is guilty of an offence.
3
The theoretical correspondence between the weight of the fins and bodies for the purposes of Article 4.4 of the Regulation is 5% of the live weight of the shark catch.
Penalties
5
1
Any person found guilty of a relevant offence is liable —
a
on summary conviction to a fine not exceeding £50,000; and
b
on conviction on indictment, to a fine.
2
The court by which a person is convicted of any relevant offence may also order the forfeiture of any fishing gear used in the course of, or in activities leading to, the commission of the offence and either —
a
order the forfeiture of any shark fins or remaining parts of sharks in relation to which the offence was committed; or
b
impose a fine not exceeding the value of the shark fins or remaining parts of sharks in relation to which the offence was committed.
Recovery of fines
6
1
Where a magistrates’ court imposes a fine on a person convicted of a relevant offence the court may —
a
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,
for the purpose of levying the amount of the fine; and
b
order that the boat and its gear and catch be detained until —
i
the expiry of a period not exceeding three months from the date of the conviction;
ii
the fine is paid; or
iii
the amount of the fine is levied in pursuance of any such warrant,
whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) 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 a relevant offence, an order under article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in England, this article shall apply as if the fine were imposed by a court within that local justice area.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of enforcing this Order or any equivalent provision, any British sea-fishery officer may exercise the powers conferred by this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him 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 he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,
but nothing in sub-paragraph (e) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed in relation to a fishing boat, he may —
a
require the master of the boat to take, or himself take, the boat and crew to the port which appears to him to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in the port,
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing 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 notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
8
1
For the purposes of enforcing this Order or any equivalent provision, any 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 activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary to assist him and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him 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 from the premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, transhipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him 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 he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for a relevant offence.
2
The provisions of paragraph (1) shall also apply in relation to any land used in connection with any of the activities described in that paragraph and in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport shark, shark fins or remaining parts of sharks as they apply in relation to premises and, in the case of a vehicle, shall 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
9
1
If a justice of the peace on sworn information in writing is satisfied that the circumstances in paragraph (2) apply, he may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with him 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 8 to inspect are on the premises;
b
the inspection of such documents or other items is likely to disclose evidence of the commission of a relevant offence; 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 his return.
Powers of British sea-fishery officers to seize fish and fishing gear
10
A British sea-fishery officer may seize —
a
any shark fins or remaining parts of shark, including any receptacle containing them, in relation to which he suspects a relevant offence has been committed; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of any such suspected offence.
Protection of officers
11
A British sea-fishery officer or a person assisting him 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 on him by this Order if the court is satisfied that —
a
the act was done in good faith;
b
there were reasonable grounds for so acting; and
c
he acted with reasonable skill and care.
Obstruction of officers
12
1
A person is guilty of an offence if —
a
without reasonable excuse, he fails to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by this Order;
b
without reasonable excuse, he prevents, or attempts to prevent, any other person from complying with any such requirement;
c
he assaults or intentionally obstructs a British sea-fishery officer, or a person assisting the officer, while exercising any powers under this Order.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Provisions as to offences
13
1
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of the body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
Where any relevant offence committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where any relevant offence committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
5
“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
14
1
The Articles referred to in the following paragraphs are references to Articles of Council Regulation ( EEC ) 2847/1993 establishing a control system applicable to the common fisheries policy .
2
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 9, 12, 17.2 or 28f;
c
effort report completed under paragraphs (b) and (c) of Article 19;
d
document drawn up under Article 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
shall, in any proceedings in England for a relevant offence, be evidence of the matters stated in the logbook, declaration, effort report or document, as the case may be.
3
The reference to “required information” in paragraph (2)(e) is to information communicated via a satellite-based vessel monitoring system established under Article 3.1 as to —
a
the identification of the fishing boat;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
29th August 2007
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Borough of Dacorum (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Dacorum;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the Borough of Dacorum (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the borough of Dacorum
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-five wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Berkhamsted
4
1
The existing wards of the parish of Berkhamsted shall be abolished.
2
The parish shall be divided into three wards which shall be named Berkhamsted Castle, Berkhamsted East and Berkhamsted West.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be five.
Wards of the parish of Tring
5
1
The existing wards of the parish of Tring shall be abolished.
2
The parish shall be divided into three wards which shall be named Tring Bunstrux, Tring Dunsley and Tring Miswell.
3
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Tring Bunstrux ward shall be five, for Tring Miswell ward shall be four, and for Tring Dunsley ward shall be three.
Map
6
Dacorum Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
7
The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills ( No. 3) Order 2007 and comes into force on 14th June 2007.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
1
Karen Dolton is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills with effect from 14th June 2007.
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills with effect from 1st September 2007.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 and shall come into force on 17th December 2007.
2
The Felixstowe Dock and Railway Acts and Orders 1879 to 2002 , the Felixstowe Dock and Railway Harbour Revision Order 2007 and this Order may be cited together as the Felixstowe Dock and Railway Acts and Orders 1879 to 2007.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“ the Company ” means the Felixstowe Dock and Railway Company being a company limited by shares and incorporated by the Felixstowe Railway and Pier Act 1875 ;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2007 and includes the open cut or channel also constructed under those powers, all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;
“ Felixstowe South Reconfiguration ” means the development of that part of the dock for which planning permission was granted by the First Secretary of State on 1st February 2006 and which includes the area in Harwich Harbour proposed to be reclaimed under the provisions of the Felixstowe Dock and Railway Harbour Revision Order 2007 ;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“ the tribunal ” means the Lands Tribunal; and
“the undertaking” means the harbour undertaking of the Company as authorised from time to time.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
3
All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2
ACQUISITION OF LAND
Power to acquire land
3
The Company may acquire compulsorily so much of the land shown coloured pink and edged black on the land plans and described in the book of reference, or such estates, interests, easements, or other rights in or over the land, as may be required for or in connection with the Felixstowe South Reconfiguration and they may use any land so acquired for those purposes or for any other purposes ancillary to the undertaking.
Application of Part 1 of the Compulsory Purchase Act 1965
4
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order made under that Act.
2
Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Power to acquire new rights
5
1
The Company may compulsorily acquire such easements or other rights over any land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired by them under that article, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the Company acquires a right over land under paragraph (1) they shall not be required to acquire a greater interest in that land.
3
Schedule 1 shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Disregard of certain interests and improvements
6
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1), “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction of private rights of way
7
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the Company, whether compulsorily or by agreement; or
b
on the entry on the land by the Company under section 11(1) of the 1965 Act;
whichever is sooner.
2
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the Land Compensation Act 1961 .
3
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
8
No notice to treat shall be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (Application of Part 1 of the Compulsory Purchase Act 1965) after the end of the period of five years beginning on the day on which this Order comes into force.
PART 3
MISCELLANEOUS AND GENERAL
Certification of plans, etc.
9
The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and land plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Statutory undertakers, etc.
10
The provisions of Schedule 2 (Provisions relating to statutory undertakers, etc.) shall have effect.
Service of notices
11
1
A notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post; or
b
subject to paragraphs (5), (6), (7) and (8), by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given his consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
A person may revoke his consent to the use of electronic transmission in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order he shall —
a
give notice in writing or by electronic transmission revoking any consent given by him for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
12
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Signed by authority of the Secretary of State
Ellis Harvey
Head of Transport and Works Act Orders Unit
Department for Transport
26th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2008 and shall come into force on 28th February 2008.
2
This Order shall have effect from 1st April 2006.
3
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Amendment of Part III of the principal Order
2
1
Part III of the principal Order (calculation of subsidy) shall be amended in accordance with the following paragraphs.
2
In article 13 (relevant benefit) for “articles 18 and 21” substitute “article 18”.
3
In article 18 (additions to subsidy) —
a
in paragraph (1) for “paragraphs (8), (9) and (10)” substitute “paragraphs (8) and (9)”; and
b
omit paragraphs (10) and (11).
4
Omit article 21 (additions to subsidy in respect of security against fraud and error) .
Amendment of Schedule 1 to the principal Order
3
For Schedule 1 to the principal Order (sums used in the calculation of subsidy) substitute the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th January 2008
We consent
Claire Ward
Dave Watts
Two of the Lord Commissioners of Her Majesty’s Treasury
28th January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trustees for the Hammersmith Hospitals National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1 st May 2008.
2
In this Order —
“the old Trustees” means the trustees for the Hammersmith Hospitals National Health Service Trust ;
“the new Trustees” means the trustees for the Imperial College Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trustees and the new Trustees and signed on behalf of the old Trustees on 1 st February 2008 and on behalf of the new Trustees on 5 th and 8 th February 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trustees to the new Trustees.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trustees shall be construed as a reference to the new Trustees.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
26th March 2008


text:
Citation and Commencement
1
This Order may be cited as the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2008 and shall come into force on 7th August 2008.
Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000
2
1
The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 is amended as follows.
2
In article 2 (interpretation) —
a
omit the definition of “the 1995 Act”; and
b
omit the definition of “limited leave”.
3
In article 3 (housing authority accommodation — England, Scotland and Northern Ireland), omit paragraph (e).
4
In article 7 (homelessness — Scotland and Northern Ireland) for sub-paragraph (1)(a) substitute the following —
a
the classes specified in article 3(a) to (d) (Class A, Class B, Class BA, Class C and Class D);
.
5
For article 8 (homelessness — Northern Ireland substitute the following —
The following is a class of person specified for the purposes of section 119(1) of the 1999 Act in respect of Northern Ireland —
Class T — a person who is an asylum-seeker and —
a
who was in Northern Ireland when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
b
who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
c
whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned.
.
6
For article 9 (homelessness — Scotland) substitute the following —
The following is a class of person specified for the purposes of section 119(1) of the 1999 Act in respect of Scotland —
Class V — a person who is an asylum-seeker and —
a
who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
b
who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
c
whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned.
.
Transitional provisions
3
1
Article 2(3) shall not have effect in relation to an applicant whose application for a tenancy of, or licence to occupy, housing accommodation under the accommodation provisions is made before 7th August 2008.
2
Articles 2(4), (5) and (6) shall not have effect in relation to an applicant whose application for accommodation or assistance under the homelessness provisions is made before 7th August 2008.
Liam Byrne
Minister of State
Home Office
3rd July 2008