text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Cheshire (Structural Changes) Order 2008 and shall come into force on the day after that on which this Order is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“ 2008 election ” means an election required by article 13(1) to be held in 2008;
“the 2008 election day ” means the ordinary day of election of councillors in 2008;
“article 16 functions” means —
in relation to the County Council , the functions referred to in article 16(1) and (2);
in relation to each of the East Cheshire councils, the function referred to in article 16(3); and
in relation to each of the West Cheshire councils, the function referred to in article 16(4);
“Cheshire”, unless immediately preceded or followed by “East” or “West”, means the non-metropolitan county of Cheshire as constituted immediately before 1st April 2009;
“Cheshire East”, except in references to the county of Cheshire East, means the district constituted by article 3;
“the Cheshire East Council” means the council constituted by article 3(2);
“the Cheshire East Joint Committee” means the committee established (whether before or after the coming into force of this Order) as mentioned in article 17(1)(a);
“Cheshire West and Chester”, except in references to the county of Cheshire West and Chester, means the district constituted by article 4;
“the Cheshire West and Chester Council” means the council constituted by article 4(2);
“the Cheshire West and Chester Joint Committee” means the committee established (whether before or after the coming into force of this Order) as mentioned in article 17(1)(b);
“the County Council” means Cheshire County Council;
“the East Cheshire councils” means Congleton Borough Council, Crewe and Nantwich Borough Council and Macclesfield Borough Council;
“the East Cheshire districts” means the boroughs of Congleton, Crewe and Nantwich, and Macclesfield;
“electoral division” means a division created by article 2 of the County of Cheshire (Electoral Changes) Order 2000 ;
“the proper officer”, in relation to any purpose and any council, means the officer appointed for that purpose by that council;
“shadow authority” means an authority (not being a local authority) which will become a local authority on 1st April 2009;
“shadow executive” has the meaning given by article 7(2);
“the shadow period” means the period beginning with the fourth day after the 2008 election day and ending immediately before 1st April 2009;
“the West Cheshire councils” means Chester City Council, Ellesmere Port and Neston Borough Council and Vale Royal Borough Council; and
“the West Cheshire districts” means the city of Chester and the boroughs of Ellesmere Port and Neston, and Vale Royal.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN CHESHIRE
Single tier local government in East Cheshire
3
1
A new non-metropolitan county and a new non-metropolitan district, each to be known as Cheshire East, shall be constituted comprising (in each case) the area of the East Cheshire districts.
2
A new district council, to be known as the Cheshire East Council, shall be established as the sole principal authority for the non-metropolitan district of Cheshire East.
3
Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2009 —
a
the Cheshire East Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and
b
subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.
4
In relation to the county of Cheshire East, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
5
On 1st April 2009 —
a
the East Cheshire districts shall be abolished as local government areas; and
b
the East Cheshire councils shall be wound up and dissolved.
Single tier local government in West Cheshire
4
1
A new non-metropolitan county and a new non-metropolitan district, each to be known as Cheshire West and Chester, shall be constituted comprising (in each case) the area of the West Cheshire districts.
2
A new district council, to be known as the Cheshire West and Chester Council, shall be established as the sole principal authority for the non-metropolitan district of Cheshire West and Chester.
3
Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2009 —
a
the Cheshire West and Chester Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and
b
subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.
4
In relation to the county of Cheshire West and Chester, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
5
On 1st April 2009 —
a
the West Cheshire districts shall be abolished as local government areas; and
b
the West Cheshire councils shall be wound up and dissolved.
County of Cheshire, Cheshire County Council and councillors of that Council
5
1
On 1st April 2009 —
a
the county of Cheshire shall be abolished as a local government area; and
b
the County Council shall be wound up and dissolved.
2
The term of office of persons serving as councillors of the County Council immediately before 1st April 2009 shall end on that date.
3
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of the County Council where that vacancy arises after 30th September 2008 and before 1st April 2009.
PART 3 SHADOW AUTHORITIES AND THEIR FUNCTIONS
Shadow authorities
6
During the shadow period the Cheshire East Council and the Cheshire West and Chester Council shall each be a shadow authority for the purposes of the following provisions of this Part.
Duties of shadow authorities: executive arrangements and code of conduct
7
1
At its first meeting , each shadow authority shall discharge the duties specified or referred to —
a
in paragraph (2); and
b
in section 51 of the 2000 Act (duty of relevant authorities to adopt codes of conduct), as applied by paragraph (5),
and it shall discharge those duties in accordance with paragraphs (3) and (6), respectively.
2
It shall be the duty of a shadow authority to create a leader and cabinet executive within the meaning of Part 2 of the Local Government Act 2000 (arrangements with respect to executives etc ), as originally enacted (“the shadow executive”).
3
The shadow authority shall adopt the proposals made to it under article 19 —
a
without amendment or modification, or
b
subject to such amendments or modifications as it thinks fit.
4
With the exception of sections 25 (proposals), 26 (proposals not requiring referendum), 27 (referendum in case of proposals involving elected mayor), 28 (approval of outline fall-back proposals) and 29 (operation of, and publicity for, executive arrangements) the provisions of Part 2 of the 2000 Act, to the extent that they relate to a leader and cabinet executive, shall have effect in relation to each shadow authority as if —
a
its executive were a leader and cabinet executive of a district council;
b
the executive arrangements that it makes were executive arrangements of a district council ;
c
section 15 authorised its executive to delegate functions not only to officers of the shadow authority but also —
i
in the case of the shadow executive for Cheshire East, to officers of the County Council or of any of the East Cheshire councils;
ii
in the case of the shadow executive for Cheshire West and Chester, to officers of the County Council or of any of the West Cheshire councils;
d
for the purposes of the application of Part 1 of Schedule 4 to the 2007 Act (new arrangements for executives: transitional provision: old-style leader and cabinet executive), its executive had been operating at the relevant time within the meaning of that Part of that Schedule .
5
Part 3 of the 2000 Act (conduct of local government members and employees) shall apply in relation to each shadow authority as if —
a
it were a district council ;
b
references to co-opted members were omitted; and
c
in section 51 —
i
in subsection (1), for “before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made”, there were substituted “at the first meeting of an authority that is a shadow authority within the meaning of the Cheshire (Structural Changes) Order 2008”; and
ii
in subsection (5), “(1) or” were omitted.
6
In complying with subsection (1) of section 51 of the 2000 Act, each shadow authority shall make such amendments or modifications to the proposals submitted to it under article 20 as it considers necessary to secure that, when adopted, the code will satisfy the requirements of subsection (4) of that section.
Duties of shadow authorities: appointment of certain officers
8
1
It shall be the duty of each shadow authority at its first meeting to designate, on an interim basis, an officer of the County Council, one of the East Cheshire councils or one of the West Cheshire councils —
a
to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the Local Government and Housing Act 1989 (“the 1989 Act ”) and subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer – local authorities operating executive arrangements), as applied by paragraph (4) (the “interim monitoring officer”); and
b
to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”).
2
A designation under paragraph (1) shall cease to have effect on the day on which a person appointed under paragraph (3) to discharge responsibilities equivalent to those of the designated officer takes up his appointment.
3
Not later than 31st December 2008, each shadow authority shall appoint a person (who may, but need not, be a person designated under paragraph (1)) —
a
to be responsible for performing, in relation to the shadow authority and, on and after 1st April 2009, in relation to the Cheshire East Council or, as the case may be, the Cheshire West and Chester Council, the duties imposed by subsections (2) and (3) of section 5 of the 1989 Act and subsections (2) and (5) of section 5A of that Act (including those subsections as they have effect as mentioned in paragraph (4) in relation to times on or before 31st March 2009) (the “appointed monitoring officer”);
b
to be responsible, from the date on which he takes up his appointment, for the administration of the financial affairs of the shadow authority and, on and after 1st April 2009, of the Cheshire East Council or, as the case may be, the Cheshire West and Chester Council (the “appointed chief finance officer”); and
c
a person to be the head of its paid service.
4
Subsections (2) to (7) of section 5 of the 1989 Act and subsections (2) and (5) of section 5A of that Act shall apply in relation to a shadow authority, its interim or appointed monitoring officer and its executive arrangements as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections to a relevant authority, its monitoring officer and its executive arrangements were references to the shadow authority, its interim or appointed monitoring officer and the executive arrangements that it adopts pursuant to article 7.
5
Sections 114 to 116 of the Local Government Finance Act 1988 shall apply in relation to a shadow authority, its interim chief finance officer and its appointed chief finance officer as if —
a
references to the chief finance officer of a relevant authority included references to the interim and appointed chief finance officers of a shadow authority;
b
references to a relevant authority (in whatever terms) included references to a shadow authority; and
c
references to joint committees were omitted.
Other functions of shadow authorities
9
1
During the shadow period the shadow authorities shall have, in addition to the duties specified or referred to in articles 7 and 8, the functions described in this article, and such other functions as may be conferred on them by —
a
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
b
an order under section 20 of the 2007 Act (correction of orders), or
c
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
2
Each shadow authority shall take all such practicable steps as are necessary or expedient —
a
to commence and sustain its running as a shadow authority;
b
to prepare the authority for the assumption, as the Cheshire East Council or the Cheshire West and Chester Council (as the case may be), of local government functions and full local authority powers on 1st April 2009;
c
to prepare any budgets or plans required by the Cheshire East Council or the Cheshire West and Chester Council (as the case may be), when those functions are assumed; and
d
to liaise with the County Council and the other shadow authority for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2009.
3
The shadow authority for Cheshire East shall also take all such practicable steps as are necessary or expedient to liaise with the East Cheshire councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2009.
4
The shadow authority for Cheshire West and Chester shall also take all such practicable steps as are necessary or expedient to liaise with the West Cheshire councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2009.
5
Subject to paragraph (6), the shadow authorities shall have all other powers of a non-metropolitan county council and a non-metropolitan district council.
6
The powers conferred by paragraph (5) may be exercised by the shadow authorities only —
a
in the discharge of the functions specified or referred to in this article and article 8(3), and
b
in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan county council or a non-metropolitan district council, and
c
where the exercise of the power would involve incurring expenditure or acquiring a liability —
i
with the prior consent of the County Council, where the expenditure or liability relates to a matter which, before 1st April 2009, is the responsibility of that Council; or
ii
where the expenditure or liability relates to a matter which, before 1st April 2009, is the responsibility of any of the East Cheshire councils or the West Cheshire councils, with the prior consent of that council.
7
The total of the expenditure properly incurred by the shadow authorities shall be divided among, and paid by, the County Council, the East Cheshire councils and the West Cheshire councils in such proportion as may be agreed between them; but, where either of the shadow authorities notifies the Secretary of State that there is no such agreement, the Secretary of State may —
a
determine the proportion in which that expenditure is to be divided and paid; or
b
appoint an arbitrator for that purpose.
8
The following provisions of the 1972 Act shall apply in relation to the shadow authorities, notwithstanding that those authorities do not have the functions and full powers of a local authority and, as appropriate, to persons standing for election or elected at the 2008 elections :
Part or section of 1972 Act Description Section 3 Chairman Section 5 Vice-chairman Parts 5 and 5A General provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees Section 103 Expenses of joint committees Section 106 Standing orders Section 146 Transfer of securities on alteration of area, etc Section 178 Regulations as to allowances
9
The shadow authorities shall, notwithstanding that they do not have the functions and full powers of a local authority, be treated —
a
for the purposes of Part 2 of, and Schedule 2 to, the Audit Commission Act 1998 (accounts and audit of public bodies), as local authorities (and, therefore, bodies subject to audit); but sections 11A , 19 and 30 to 32 in that Part, and references in that Part to those sections, shall be treated as omitted,
b
for the purposes of section 101 of that Act (indemnification of members and officers of relevant authorities) , as relevant authorities,
c
for the purposes of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), as local authorities, and
d
for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001 , as relevant authorities.
10
For the purposes of the application of section 83 of the 1972 Act (declaration of acceptance of office) to persons elected at the 2008 elections, references in that section to the proper officer of the council shall be treated —
a
as regards the Cheshire East Council, as references to the proper officer appointed by Macclesfield Borough Council; and
b
as regards the Cheshire West and Chester Council, as references to the proper officer appointed by Vale Royal Borough Council.
Functions of shadow authorities relevant to Implementation Plans
10
1
After the dissolution of the Cheshire East Joint Committee , it shall be a function of the shadow authority for Cheshire East to keep under review, and revise as necessary, the Implementation Plan prepared by the Cheshire East Joint Committee.
2
After the dissolution of the Cheshire West and Chester Joint Committee , it shall be a function of the shadow authority for Cheshire West and Chester to keep under review, and revise as necessary, the Implementation Plan prepared by the Cheshire West and Chester Joint Committee.
3
Article 18(2) shall apply in relation to each shadow authority as if —
a
the word “preparing” were omitted;
b
for “the article 16 functions” there were substituted “the main transitional functions”; and
c
for “each Joint Committee” there were substituted, as the circumstances require, “the Cheshire East Council” or “the Cheshire West and Chester Council”.
4
Article 18(3) shall apply in relation to each shadow authority as if —
a
for “Each Joint Committee”, there were substituted, as the circumstances require, “The Cheshire East Council” or “The Cheshire West and Chester Council”; and
b
for “the article 16 functions” there were substituted “the main transitional functions”.
5
In article 18(2) and (3), as applied by paragraph (3) and (4), “the main transitional functions” means the functions referred to in article 9(2) and —
a
as regards the shadow authority for Cheshire East, the function referred to in article 9(3); and
b
as regards the shadow authority for Cheshire West and Chester, the function referred to in article 9(4).
Allowances payable to members of shadow authorities
11
1
The Local Authorities (Members’ Allowances) (England) Regulations 2003 (“the 2003 Regulations ”), other than regulations 6 and 17 and Part 5, shall apply in relation to the shadow authorities and their members as they apply in relation to district councils and their members subject to the modifications specified in the following paragraphs of this article.
2
For the purposes of regulation 4(1)(a) (requirement for scheme of allowances), the shadow authorities shall be treated as if they had adopted, as their scheme of allowances for the purposes of the 2003 Regulations, the scheme adopted by the County Council on 18th May 2006 (“the county scheme”).
3
Regulation 4(1)(b) (payment of allowances only in accordance with scheme) shall apply as if references in the county scheme to members of the County Council included references to members of the shadow authorities.
4
Regulation 10 shall apply as if the county scheme were the scheme made by the shadow authorities for the year beginning on 1st April 2008.
5
Nothing in paragraph (2) or (4) shall prevent a shadow authority from exercising, in relation to the county scheme as it applies in relation to that authority and its members, the powers conferred by regulation 10(3) of the 2003 Regulations (power to amend or revoke scheme).
6
Regulation 16 of the 2003 Regulations (publicity for schemes) shall apply as if “making or” were omitted.
PART 4 ELECTORAL MATTERS
Cancellation of elections to East Cheshire councils and West Cheshire councils in 2008, etc
12
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held in 2008 for the return of councillors to any of the East Cheshire councils or the West Cheshire councils; and
b
the term of office of councillors elected to any of those councils shall end on 1st April 2009.
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of any of the East Cheshire councils or the West Cheshire councils where that vacancy arises after 30th September 2008.
Elections of councillors of Cheshire East Council and Cheshire West and Chester Council in 2008
13
1
Elections of councillors of the Cheshire East Council and the Cheshire West and Chester Council shall be held on the ordinary day of election of councillors in 2008.
2
Cheshire East shall be represented by 81 councillors.
3
Cheshire West and Chester shall be represented by 72 councillors.
4
For the purposes of the 2008 elections —
a
Cheshire East and Cheshire West and Chester shall be divided into wards;
b
the names of the new wards shall be those indicated in column 1 of the Table set out in the Schedule to this Order;
c
the area of each new ward shall be the same as that of the electoral division of the same name (as indicated in column 2 of that Table); and
d
each ward shall return three councillors.
5
At the 2008 elections —
a
the returning officer for the election to the Cheshire East Council (“the Cheshire East returning officer”) shall be the proper officer appointed by Macclesfield Borough Council; and
b
the returning officer for the election to the Cheshire West and Chester Council (“the Cheshire West and Chester returning officer”) shall be the proper officer appointed by Vale Royal Borough Council.
6
The 2008 elections shall be conducted in accordance with the Representation of the People Act 1983 as applied to local government elections by rules under section 36 of that Act .
7
The Cheshire East returning officer and the Cheshire West and Chester returning officer shall take such steps as are necessary or appropriate to prepare for the 2008 elections, including the making of all necessary alterations in the electoral register.
8
The total of the expenditure properly incurred by the Cheshire East returning officer and the Cheshire West and Chester returning officer in relation to the holding of the 2008 elections shall be divided among, and paid by, the County Council, the East Cheshire councils and the West Cheshire councils in such proportion as may be agreed between them; but, where either of those returning officers notifies the Secretary of State that there is no such agreement, the Secretary of State may —
a
determine the proportion; or
b
appoint an arbitrator for that purpose.
9
In relation to the 2008 elections, “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means the Cheshire East returning officer or the Cheshire West and Chester returning officer (as the case may be).
10
The term of office of councillors elected at the 2008 elections shall be three years; and they shall come into office on the fourth day after the 2008 elections and retire on the fourth day after the ordinary day of election of councillors in 2011.
11
The Cheshire East returning officer shall convene, and make all necessary arrangement for, the first meeting of the shadow authority for Cheshire East, which shall be held not later than 14 days after the ordinary day of election of councillors in 2008.
12
The Cheshire West and Chester returning officer shall convene, and make all necessary arrangement for, the first meeting of the shadow authority for Cheshire West and Chester, which shall be held not later than 14 days after the ordinary day of election of councillors in 2008.
Elections of councillors of Cheshire East Council and Cheshire West and Chester Council in 2011, etc
14
A whole council election of councillors of —
a
the Cheshire East Council, and
b
the Cheshire West and Chester Council,
shall be held on the ordinary day of election of councillors in 2011 and in every fourth year thereafter.
Cancellation of parish council elections, etc
15
1
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2010 for the return of councillors to the council of any parish of the county of Cheshire East or Cheshire West and Chester; and
b
the term of office of councillors elected to a council of a parish of Cheshire in 2006 or 2008, or at any by-election before the ordinary day of election of councillors in 2011, shall end on the fourth day after the ordinary day of election of councillors in 2011.
2
Elections of parish councillors for all parish councils in the counties of Cheshire East and Cheshire West and Chester shall be held on the ordinary day of election of councillors in 2011 and in every fourth year thereafter.
3
The term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly-elected parish councillors shall come into office on the day on which their predecessors retire.
PART 5 FURTHER TRANSITIONAL PROVISIONS
Functions of the County Council, the East Cheshire councils and the West Cheshire councils, and prohibition on preparation of certain budgets and plans
16
1
There shall be added to the functions of the County Council the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire East Council, of such of its functions, property, rights and liabilities as relate to Cheshire East and its inhabitants.
2
There shall be added to the functions of the County Council the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire West and Chester Council, of such of its functions, property, rights and liabilities as relate to Cheshire West and Chester and its inhabitants.
3
There shall be added to the functions of each of the East Cheshire councils the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire East Council of its functions, property, rights and liabilities.
4
There shall be added to the functions of each of the West Cheshire councils the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire West and Chester Council of its functions, property, rights and liabilities.
5
Notwithstanding any enactment, none of the East Cheshire councils or the West Cheshire councils or the County Council shall undertake, as a local authority, the preparation of any budgets or plans that are to be prepared by a shadow authority, the Cheshire East Council or the Cheshire West and Chester Council.
Joint committees
17
1
Not later than 14 days after the coming into force of this Order —
a
the County Council and the East Cheshire councils shall establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for Cheshire East, the functions mentioned in paragraph (2) (“the Cheshire East Joint Committee”); and
b
the County Council and the West Cheshire councils shall establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for Cheshire West and Chester, the functions mentioned in paragraph (2) (“the Cheshire West and Chester Joint Committee”).
2
The functions are —
a
the article 16 functions, and
b
the functions referred to in articles 18, 19 and 20.
3
The Cheshire East Joint Committee shall consist of —
a
six persons nominated by the County Council who, for the time being, are members of that Council for electoral divisions whose areas are within the East Cheshire districts; and
b
nine persons of whom each of the East Cheshire councils shall nominate three, being persons who, for the time being, are members of those councils.
4
The Cheshire West and Chester Joint Committee shall consist of —
a
six persons nominated by the County Council who, for the time being, are members of that Council for electoral divisions whose areas are within the West Cheshire districts; and
b
nine persons of whom each of the West Cheshire councils shall nominate three, being persons who, for the time being, are members of those councils.
5
In making the nominations referred to in paragraphs (3) and (4), the County Council and the East Cheshire councils and the West Cheshire councils shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party and the Liberal Democrats are all represented on each Joint Committee by at least one member.
6
It shall be the duty of the County Council, and–
a
as regards the Cheshire East Joint Committee, each of the East Cheshire councils,
b
as regards the Cheshire West and Chester Joint Committee, each of the West Cheshire councils,
to co-operate in the establishment of the relevant Joint Committee.
7
The chairman of the Cheshire East Joint Committee shall be the person who is for the time being the leader of Macclesfield Borough Council.
8
The chairman of the Cheshire West and Chester Joint Committee shall be the person who is for the time being the leader of Vale Royal Borough Council.
9
The Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each regulate its own proceedings, but a question to be decided by the committee shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.
10
In the case of an equality of votes, the person presiding at the meeting (whether or not the chairman of the committee) shall have a casting vote, in addition to any other vote the person may have.
11
The Cheshire East Joint Committee shall be dissolved on the day following that on which the shadow authority for Cheshire East holds its first meeting.
12
The Cheshire West and Chester Joint Committee shall be dissolved on the day following that on which the shadow authority for Cheshire West and Chester holds its first meeting.
13
This article shall cease to have effect on the fifteenth day after the 2008 election day.
Implementation Plans and further provisions relevant to discharge of functions by joint committees
18
1
The Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as are in the opinion of each Joint Committee necessary to secure the effective, efficient and timely discharge of the article 16 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on or after 1st April 2009, of the functions that, before that date, are functions of the County Council, the East Cheshire councils, or the West Cheshire councils.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the article 16 functions, and
c
discharging such other functions as may be conferred on it, each Joint Committee shall have regard to the information supplied to the Secretary of State in support of proposals for single tier local government in Cheshire and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 by —
i
as regards Cheshire East, Macclesfield Borough Council,
ii
as regards Cheshire West and Chester, Chester City Council, Ellesmere Port and Neston Borough Council and Vale Royal Borough Council.
3
Each Joint Committee may, by written notice to —
a
the proper officer of the County Council, or
b
the proper officer of any of the East Cheshire councils or the West Cheshire councils,
require the council referred to in the notice to take such action relevant to any of the article 16 functions as may be specified in the notice.
Functions of joint committees relevant to executive arrangements
19
1
It shall be a function of the Cheshire East Joint Committee to formulate proposals for the executive arrangements that are to be operated by the shadow authority for Cheshire East and to present those proposals at the first meeting of the shadow authority.
2
It shall be a function of the Cheshire West and Chester Joint Committee to formulate proposals for the executive arrangements that are to be operated by the shadow authority for Cheshire West and Chester and to present those proposals at the first meeting of the shadow authority.
3
In formulating proposals under paragraph (1) or (2) the Joint Committees shall comply with section 10(2) of the 2000 Act, and for that purpose shall treat the shadow authority for Cheshire East or, as the case may be, the shadow authority for Cheshire West and Chester, as if —
a
it were a district council, and
b
its executive were a leader and cabinet executive within the meaning of section 11(3) of the 2000 Act as originally enacted .
Functions of joint committees relevant to codes of conduct
20
1
It shall be a function of the Cheshire East Joint Committee to formulate proposals for the code of conduct to be adopted by the shadow authority for Cheshire East in accordance with article 7(1)(b) and to present those proposals at the first meeting of the shadow authority.
2
It shall be a function of the Cheshire West and Chester Joint Committee to formulate proposals for the code of conduct to be adopted by the shadow authority for Cheshire West and Chester in accordance with article 7(1)(b) and to present those proposals at the first meeting of the shadow authority.
3
In formulating proposals under paragraph (1) or (2) the Joint Committees shall comply with section 51 of the 2000 Act (as applied to each shadow authority as mentioned in article 7(5)) and, in particular, shall secure that the proposals are consistent with the requirements of subsection (4) of that section.
Implementation Teams
21
1
Not later than 21 days after the coming into force of this Order, the Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each form a team of officers (“the Implementation Team”) for the purposes of assisting —
a
the relevant Joint Committee in the discharge of their functions under this Part; and
b
if, after the dissolution of the relevant Joint Committee, the relevant shadow authority so requires, that shadow authority.
2
The members of the Implementation Team shall comprise officers from both the County Council and, as appropriate, each of the East Cheshire councils or each of the West Cheshire councils.
3
The leader of the Implementation Team for Cheshire East shall be an officer of Macclesfield Borough Council and the leader of the Implementation Team for Cheshire West and Chester shall be an officer of Vale Royal Borough Council.
4
It shall be the duty of the County Council and, as regards the relevant Joint Committee, each of the East Cheshire councils or each of the West Cheshire councils —
a
to co-operate in the formation of the Implementation Team, and
b
to release the officers concerned from their normal duties at such times or for such periods as the relevant Joint Committee or the relevant shadow authority may reasonably require.
5
In this article —
“the relevant Joint Committee” means —
as regards the East Cheshire councils, the Cheshire East Joint Committee;
as regards the West Cheshire councils, the Cheshire West and Chester Joint Committee;
“the relevant shadow authority” means —
as regards the East Cheshire councils, the shadow authority for Cheshire East; and
as regards the West Cheshire councils, the shadow authority for Cheshire West and Chester.
General transitional duties of the County Council, the East Cheshire councils and the West Cheshire councils
22
1
It shall be the duty of the County Council, each of the East Cheshire councils and each of the West Cheshire councils —
a
to consult and co-operate with one another and with the shadow authorities in order to secure the economic, effective, efficient and timely transfer of the County Council’s and those councils’ functions, property, rights and liabilities; and
b
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), the County Council, each of the East Cheshire councils and each of the West Cheshire councils shall provide such information relating to its functions as any other of those councils or a shadow authority may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the body making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council or shadow authority from which the information is sought) —
a
to inspect any record belonging to or under the control of the council or shadow authority providing the information and relating to that council or authority or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 6 CONSEQUENTIAL AMENDMENTS
Amendment of the Borough of Congleton (Electoral Changes) Order 1998
23
1
The Borough of Congleton (Electoral Changes) Order 1998 is amended by the omission of article 9 (parish elections).
2
Nothing in paragraph (1) shall affect the elections to be held in 2008 of parish councillors for the parishes of Betchton, Church Lawton, Hassall and Holmes Chapel.
Amendment of the Borough of Crewe and Nantwich (Electoral Changes) Order 1998
24
1
The Borough of Crewe and Nantwich (Electoral Changes) Order 1998 is amended by the omission of article 10 (parish elections).
2
Nothing in paragraph (1) shall affect the elections to be held in 2008 of parish councillors for the parishes of Alpraham, Baddiley, Bunbury, Calveley, Marbury-cum-Quoisley, Norbury, Wardle, Willaston, Wirswall and Wrenbury-cum-Frith.
Amendment of the Borough of Macclesfield (Electoral Changes) Order 1998
25
1
The Borough of Macclesfield (Electoral Changes) Order 1998 is amended by the omission of article 7 (parish elections).
2
Nothing in paragraph (1) shall affect the elections to be held in 2008 of parish councillors for the parishes of Ashley, Aston by Budworth, Bexton, Bollington, Bosley, Chelford, Gawsworth, Great Warford, High Legh, Little Warford, Marthall, Mere, Millington, Mobberley, Nether Alderley, North Rode, Ollerton, Peover Inferior, Peover Superior, Pickmere, Plumley, Poynton with Worth, Rostherne, Snelson, Tabley and Toft.
Amendment of the City of Chester (Electoral Changes) Order 1998
26
1
The City of Chester (Electoral Changes) Order 1998 is amended by the omission of article 5 (parish elections).
2
Nothing in paragraph (1) shall affect the elections to be held in 2008 of parish councillors for the parishes of Aldford, Buerton, Churton-by-Aldford, Churton-by-Farndon, Churton Heath, Claverton, Clotton Hoofield, Dodleston, Eaton, Eccleston, Farndon, Lea Newbold, Lower Kinnerton, Marlston-cum-Lache, Poulton, Pulford, Rowton, Saighton and Waverton.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
4th March 2008


type: legislation

jurisdiction: UK

text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Teesport Harbour Revision Order 2008 and shall come into force on 8th May 2008.
2
The Tees and Hartlepool Port Authority Acts and Orders 1966 to 1982, the Tees and Hartlepool Port Authority Scheme 1991 Confirmation Order 1991 (“the existing enactments”) and this Order may be cited together as the Teesport Acts and Orders 1966 to 2008.
Interpretation
2
1
In this Order —
“the Company” means PD Teesport Limited, a company incorporated under the Companies Act 1985 whose registered number is 2636007;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2, 3 and 4) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Teesport Harbour Revision Order 2008” of which copies are deposited at the offices of the Secretary of State for Transport and the head office of the Company;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“the river” means the river Tees;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Company as from time to time existing;
“works” means any works authorised by articles 3 (Power to construct works) and 5 (Subsidiary works).
2
All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
PART 2 WORKS PROVISIONS
Power to construct works
3
1
Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the following works in the Borough of Redcar and Cleveland, with all necessary works and conveniences connected therewith —
Work No.1 A wall, including a quay face 1035 metres in length forming berths for vessels, extending into the river enclosing an area of 9 hectares, commencing by a retaining wall south of Teesport Container Terminal 1 at a point at NZ523696454563, thence extending in a straight line into Tees Dock at Potash Quay to a point at NZ523660454526, thence extending in a straight line to a point at NZ523672454514, thence extending in a straight line to the commencement of the quay face at a point at NZ523698454540, thence extending in a straight line in the river to the termination of the quay face at a point at NZ524685454869, thence extending in a straight line by means of a retaining wall to a point at NZ524718454880, thence extending in a straight line to a point at NZ524712454899 at Dabholm Gut, thence extending in a straight line to a point at NZ524678454888, thence extending in a straight line and terminating at a point at NZ524663454935.
Work No 2 A floating pontoon steel fabrication linkspan bridge commencing on the bank of the river at a point at NZ523319454175 and terminating in the river at a point at NZ523382454135 and a series of dolphins forming a mooring and berthing line, including the excavation of that part of the bank of the river under the proposed linkspan bridge and the removal of the Queen Elizabeth II Quay.
2
The Company may, for the purposes of Work No.1 authorised by paragraph (1), demolish and remove any structures lying within the limits of deviation of Work No.1 (including Teesport Container Terminal 1, the former oil jetty and the roll on - roll off facility at the entrance to Dabholm Gut) and enclose and reclaim so much of the bed of the river and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
3
Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
4
The works shall for all purposes form part of the undertaking.
Power to deviate
4
In the construction of the works authorised by article 3 (Power to construct works) the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited sections to any extent not exceeding 1 metre upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
5
1
The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking and for this purpose the Company may construct and maintain buildings, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Company may, within the limits of deviation, carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter or extend the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Period for completion of works
6
1
Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 3 (Power to construct works) or article 5 (Subsidiary works).
Power to dredge
7
1
The Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and the approaches thereto and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ), from time to time dredged by them.
2
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of works
8
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be within the area of Redcar and Cleveland Borough Council
9
1
On the accretion date, the area of the whole or of so much of the works authorised by article 3 (Power to construct works) and article 5 (Subsidiary works) as shall have been completed or substantially commenced shall, to the extent that they are outside the area of the Redcar and Cleveland borough council, be annexed to and incorporated with the area of the council.
2
In this article “accretion date” means whichever of the following dates first occurs, namely, the date when the works so authorised have been completed or the date when the powers conferred by article 6 (Period for completion of works) shall cease to have effect.
Tidal works not to be executed without approval of Secretary of State
10
1
Unless construction has commenced within one year of the coming into force of this Order, a tidal work shall not be constructed, reconstructed, extended, enlarged, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, extended, enlarged, replaced or relaid in contravention of paragraph (1) or of any condition or restriction imposed under that paragraph —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company it has failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, the Secretary of State may remove the tidal work, or part of it, and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works during construction
11
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, extension, enlargement, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with any requirement of a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
12
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to notify Trinity House as required by paragraph (1) or to comply with any requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
14
If the Secretary of State deems it expedient to do so, the Secretary of State may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
15
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with any requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART 3 MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance
16
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (statutory nuisances and inspections therefor) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows —
a
that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the works; and
b
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974 ; or
c
that the nuisance is a consequence of the construction, maintenance or use of the works and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the works.
Defence of due diligence
17
1
In proceedings for an offence under any provision of this Order mentioned in paragraph (2) it shall be a defence for the Company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
The provisions referred to in paragraph (1) are —
a
article 11 (Lights on tidal works during construction);
b
article 12 (Provision against danger to navigation); and
c
article 15 (Permanent lights on tidal works).
3
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
Disapplication of Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994
18
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations ”) shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order
2
Paragraph (1) does not apply if and to the extent that the works —
a
assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Saving for Trinity House
19
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Crown rights
20
1
Nothing in this Order affects prejudicially any estate, interest, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to Her Majesty in right of Her Majesty’s Duchy of Lancaster without the consent in writing of the Chancellor of the Duchy of Lancaster; or
c
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
18th April 2008


text:
Title and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (England) (Amendments) Regulations 2008; they come into force on 14th November 2008.
Amendments
2
In regulation 8(1) of the Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004 —
a
omit sub-paragraph (d);
b
in sub-paragraph (e), before “7” insert “6 or”.
3
In regulation 8(1) of the Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004 , for sub-paragraph (d) substitute —
d
without reasonable excuse to fail to comply with the requirements of a notice issued under regulation 7;
.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
2nd October 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008.
2
Subject to paragraph (3) these Regulations shall come into force on 6th April 2009.
3
Regulations 8 and 9 shall come into force on 27th November 2008.
4
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (State Pension Credit) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (State Pension Credit) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
Amendments to the Housing Benefit Regulations relating to certain types of dwelling
2
1
The Housing Benefit Regulations shall be amended as follows.
2
In regulation 91A (cases in which payments to a housing authority are to take the form of a rent allowance) after paragraph (2) add —
3
Where —
a
the occupier of a caravan, mobile home or houseboat is liable to make payments in respect of that caravan, mobile home or houseboat and housing benefit in relation to those payments takes the form of a rent allowance; and
b
the occupier is also liable to make payments to a housing authority in respect of the site on which that caravan or mobile home stands, or in respect of the mooring to which the houseboat is attached,
housing benefit in respect of payments to the housing authority shall take the form of a rent allowance.
.
3
In Schedule 2 (excluded tenancies) for paragraph 3, substitute —
3
1
Subject to sub-paragraph (2), this paragraph applies where the landlord is —
a
a registered housing association;
b
a county council, with regard to gypsies’ and travellers’ caravan or mobile home sites and caravans or mobile homes provided on those sites; or
c
a housing authority, with regard to caravan or mobile home sites or houseboat moorings, payments in respect of which are to take the form of a rent allowance in accordance with regulation 91A(3).
2
Sub-paragraph (1) does not apply where the local authority considers that —
a
the claimant occupies a dwelling larger than is reasonably required by the claimant and any others who occupy that dwelling (including any non-dependants of the claimant and any person paying rent to the claimant); or
b
the rent payable for that dwelling is unreasonably high.
3
Where the circumstances set out in head (a) or (b) of sub-paragraph (2) exist, the authority must state this in their application for a determination.
4
In this Schedule “gypsies and travellers” means —
a
persons with a cultural tradition of nomadism or of living in a caravan; and
b
all other persons of a nomadic habit of life, whatever their race or origin, including —
i
such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and
ii
members of an organised group of travelling show people or circus people (whether or not travelling together as such).
.
4
In paragraph (3) the reference to Schedule 2 means Schedule 2 to the Housing Benefit Regulations —
a
as substituted by regulation 18 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; and
b
as in force for cases to which regulation 18 of those Regulations does not have effect (non-local housing allowance cases).
Amendments to the Housing Benefit (State Pension Credit) Regulations relating to certain types of dwelling
3
1
The Housing Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 72A (cases in which payments to a housing authority are to take the form of a rent allowance) after paragraph (2) add —
3
Where —
a
the occupier of a caravan, mobile home or houseboat is liable to make payments in respect of that caravan, mobile home or houseboat and housing benefit in relation to those payments takes the form of a rent allowance; and
b
the occupier is also liable to make payments to a housing authority in respect of the site on which that caravan or mobile home stands, or in respect of the mooring to which the houseboat is attached,
housing benefit in respect of payments to the housing authority shall take the form of a rent allowance.
.
3
In Schedule 2 (excluded tenancies) for paragraph 3, substitute —
3
1
Subject to sub-paragraph (2), this paragraph applies where the landlord is —
a
a registered housing association;
b
a county council, with regard to gypsies’ and travellers’ caravan or mobile home sites and caravans or mobile homes provided on those sites; or
c
a housing authority, with regard to caravan or mobile home sites or houseboat moorings, payments in respect of which are to take the form of a rent allowance in accordance with regulation 72A(3).
2
Sub-paragraph (1) does not apply where the local authority considers that —
a
the claimant occupies a dwelling larger than is reasonably required by the claimant and any others who occupy that dwelling (including any non-dependants of the claimant and any person paying rent to the claimant); or
b
the rent payable for that dwelling is unreasonably high.
3
Where the circumstances set out in head (a) or (b) of sub-paragraph (2) exist, the authority must state this in their application for a determination.
4
In this Schedule “gypsies and travellers” means —
a
persons with a cultural tradition of nomadism or of living in a caravan; and
b
all other persons of a nomadic habit of life, whatever their race or origin, including —
i
such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and
ii
members of an organised group of travelling show people or circus people (whether or not travelling together as such).
.
4
In paragraph (3) the reference to Schedule 2 means Schedule 2 to the Housing Benefit (State Pension Credit) Regulations —
a
as substituted by regulation 18 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; and
b
as in force for cases to which regulation 18 of those Regulations does not have effect (non-local housing allowance cases).
Amendments to the Housing Benefit Regulations relating to overpayments
4
1
The Housing Benefit Regulations shall be amended as follows.
2
In regulation 101 (person from whom recovery may be sought) —
a
for paragraph (2) substitute —
2
For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority —
a
subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;
b
in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or
c
in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.
;
b
in paragraph (3A) for “paragraph (2)(a)(ii)” substitute “paragraph (2)(c)”; and
c
omit paragraph (4) .
3
In regulation 102 (method of recovery) —
a
in paragraph (1) for “regulation 105” substitute “regulation 105(1)”;
b
after paragraph (1) insert —
1ZA
Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.
;
c
in paragraph (2) —
i
after “permitted by paragraph (1)” insert “or (1ZA)”; and
ii
after “a claimant” insert “or a claimant’s partner”; and
d
in paragraph (3) for “who has” substitute “or a claimant’s partner, where the claimant has”.
4
In regulation 105 (recovery of overpayments from prescribed benefits) —
a
in paragraph (1) before “For the purposes of section 75(4) of the Administration Act” insert “Subject to paragraph (1B),”;
b
after paragraph (1A) insert —
1B
For the purposes of section 75(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 102(1ZA), the benefits prescribed by this regulation are —
a
income support under Part 7 of the Act;
b
income-based jobseeker’s allowance;
c
state pension credit; and
d
income-related employment and support allowance.
; and
c
for paragraph (2) substitute —
2
The Secretary of State shall, if requested to do so by an authority under regulation 102 (method of recovery), recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that —
a
a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and
b
the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the overpayment.
.
Amendments to the Housing Benefit (State Pension Credit) Regulations relating to overpayments
5
1
The Housing Benefit (State Pension Credit) Regulations shall be amended as follows.
2
In regulation 82 (person from whom recovery may be sought) —
a
for paragraph (2) substitute —
2
For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority —
a
subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;
b
in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or
c
in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.
;
b
in paragraph (3A) for “paragraph (2)(a)(ii)” substitute “paragraph (2)(c)”; and
c
omit paragraph (4) .
3
In regulation 83 (method of recovery) —
a
in paragraph (1) for “regulation 86” substitute “regulation 86(1)”;
b
after paragraph (1) insert —
1ZA
Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 86(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.
;
c
in paragraph (2) —
i
after “permitted by paragraph (1)” insert “or (1ZA)”; and
ii
after “a claimant” insert “or a claimant’s partner”; and
d
in paragraph (3) for “who has” substitute “or a claimant’s partner, where the claimant has”.
4
In regulation 86 (recovery of overpayments from prescribed benefits) —
a
in paragraph (1) before “For the purposes of section 75(4) of the Administration Act” insert “Subject to paragraph (1B),”;
b
after paragraph (1A) insert —
1B
For the purposes of section 75(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 83(1ZA), the benefits prescribed by this regulation are —
a
income support under Part 7 of the Act;
b
income-based jobseeker’s allowance;
c
state pension credit; and
d
income-related employment and support allowance.
; and
c
for paragraph (2) substitute —
2
The Secretary of State shall, if requested to do so by an authority under regulation 83 (method of recovery), recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that —
a
a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and
b
the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the overpayment.
.
Amendments to the Council Tax Benefit Regulations relating to overpayments
6
1
The Council Tax Benefit Regulations shall be amended as follows.
2
For regulation 85 (person from whom recovery may be sought) substitute —
85
Recoverable excess benefit shall be due from the claimant or the person to whom the excess benefit was allowed.
.
3
In regulation 86 (methods of recovery) —
a
in paragraph (1) omit “due from any person referred to in regulation 85 (person from whom recovery may be sought)”;
b
in paragraph (2) —
i
omit “either”; and
ii
for “person to whom regulation 85(1) refers” substitute “claimant or the person to whom the excess benefit was allowed”; and
c
for paragraph (3) substitute —
3
Where recoverable excess benefit cannot be recovered by either of the methods specified in paragraph (2), the relevant authority may request the Secretary of State to recover the outstanding excess —
a
from the benefits prescribed in regulation 90(1); or
b
where the claimant has one or more partners, from the benefits prescribed in regulation 90(1A), provided that the claimant and that partner were a couple both at the time the excess benefit was allowed and when the deduction is made.
.
4
In regulation 90 (recovery of excess benefit from prescribed benefits) —
a
in paragraph (1) before “For the purposes of section 76(3)(c) of the Administration Act” insert “Subject to paragraph (1B),”;
b
after paragraph (1A) insert —
1B
For the purposes of section 76(3)(c) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 86(3)(b), the benefits prescribed by this regulation are —
a
income support under Part 7 of the Act;
b
income-based jobseeker’s allowance;
c
state pension credit; and
d
income-related employment and support allowance.
; and
c
for paragraph (2) substitute —
2
The Secretary of State shall, if requested to do so by a relevant authority under regulation 86 (methods of recovery), recover excess benefit by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that —
a
recoverable excess benefit has been allowed in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom council tax benefit has been allowed; and
b
the person from whom it is sought to recover the excess benefit is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the excess.
.
Amendment to the Council Tax Benefit (State Pension Credit) Regulations relating to overpayments
7
1
The Council Tax Benefit (State Pension Credit) Regulations shall be amended as follows.
2
For regulation 70 substitute —
70
Recoverable excess benefit shall be due from the claimant or the person to whom the excess benefit was allowed.
.
3
In regulation 71 (methods of recovery) —
a
in paragraph (1) omit “due from any person referred to in regulation 70 (person from whom recovery may be sought)”;
b
in paragraph (2) —
i
omit “either”; and
ii
for “person to whom regulation 70(1) refers” substitute “claimant or the person to whom the excess benefit was allowed”; and
c
for paragraph (3) substitute —
3
Where recoverable excess benefit cannot be recovered by either of the methods specified in paragraph (2), the relevant authority may request the Secretary of State to recover the outstanding excess —
a
from the benefits prescribed in regulation 75(1); or
b
where the claimant has one or more partners, from the benefits prescribed in regulation 75(1A), provided that the claimant and that partner were a couple both at the time the excess benefit was allowed and when the deduction is made.
.
4
In regulation 75 (recovery of excess benefit from prescribed benefits) —
a
in paragraph (1) before “For the purposes of section 76(3)(c) of the Administration Act” insert “Subject to paragraph (1B),”;
b
after paragraph (1A) insert —
1B
For the purposes of section 76(3)(c) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 71(3)(b), the benefits prescribed by this regulation are —
a
income support under Part 7 of the Act;
b
income-based jobseeker’s allowance;
c
state pension credit; and
d
income-related employment and support allowance.
; and
c
for paragraph (2) substitute —
2
The Secretary of State shall, if requested to do so by a relevant authority under regulation 71 (methods of recovery), recover excess benefit by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that —
a
recoverable excess benefit has been allowed in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom council tax benefit has been allowed; and
b
the person from whom it is sought to recover the excess benefit is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the excess.
.
Amendment of the Housing Benefit (State Pension Credit) Regulations
8
Regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations (time and manner in which claims are to be made) is omitted.
Amendment of the Council Tax Benefit (State Pension Credit) Regulations
9
1
The Council Tax Benefit (State Pension Credit) Regulations are amended as follows.
2
In regulation 53(1ZA) (time and manner in which claims are to be made), for “twelve months” substitute “three months”.
3
Regulation 53(13) is omitted.
Signed by authority of the Secretary of State for Work and Pensions
Kitty Ussher,
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th October 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 7 and Transitional Provisions) Order 2008.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006; and
“ SSFA 1998 ” means the School Standards and Framework Act 1998 .
Provisions coming into force on 1st September 2008
2
The following provisions of the Act come into force on 1st September 2008 —
a
section 37 in relation to England only,
b
section 77(2) and Schedule 8 (in each case for all remaining purposes), and
c
section 154.
Transitional provisions and savings
3
Where immediately before 1st September 2008 a member of staff at a school to which section 60 of SSFA 1998 applies enjoyed any rights conferred by that section, that person shall continue to enjoy those rights as though section 37 of the Act was not in force until the member of staff ceases to be employed or engaged at the school.
Jim Knight
Minister of State
Department for Children, Schools and Families
22nd July 2008


text:
1
This Scheme may be cited as the A556 Trunk Road (Church Farm-Turnpike Wood, Over Tabley) Order 1996 (Revocation) Order 2008 and shall come into force on 7th March 2008.
2
The A556 Trunk Road (Church Farm-Turnpike Wood, Over Tabley) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
30th January 2008


text:
Citation
1
This Order may be cited as the Taxation of Chargeable Gains (Gilt-edged Securities) Order 2008.
Securities specified as gilt-edged securities
2
For the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 (Gilt-edged Securities) the following securities are specified —
1⅛% Index-Linked Treasury Gilt 2037
5¼% Treasury Gilt 2012
5% Treasury Gilt 2018
4½% Treasury Gilt 2042
1⅞% Index-Linked Treasury Gilt 2022
4¾% Treasury Gilt 2030
0¾% Index-Linked Treasury Gilt 2047
4½% Treasury Gilt 2013
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 2008


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2008 and shall come into force on 6th April 2008.
Low earnings threshold
2
It is hereby directed that, for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2007 – 2008 shall be £13,500.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
12th March 2008


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Saudi Arabia) Order 2008.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Kingdom of Saudi Arabia 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 the Kingdom of Saudi Arabia;
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; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 2) Order 2008.
2
In this Order, “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Provisions coming into force on 19th May 2008
2
19th May 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 3(1) and (2)(a) (barred persons) and Schedule 4 (regulated activity) for the purposes of regulations made under section 75 of the Childcare Act 2006 (disqualification from registration) ;
b
section 4 (appeals), in so far as it is not already in force;
c
section 25 (monitoring: fees);
d
paragraph 10 of Schedule 9 (amendments) and section 63(1) (amendments and repeals) in so far as it relates to that paragraph.
Provisions coming into force on 19th May 2008 extending to the whole of the United Kingdom
3
19th May 2008 is the day appointed for the coming into force of paragraph 15 of Schedule 9 to the Act (amendments) and section 63(1) (amendments and repeals) in so far as it relates to that paragraph.
Provisions coming into force on 19th May 2008 for the purposes of making regulations under the Safeguarding Vulnerable Groups Act 2006
4
19th May 2008 is the day appointed for the coming into force of the following provisions of the Act for the purposes of making regulations —
a
section 11(2) (regulated activity provider: failure to check);
b
section 13(1) and (5) (educational establishments: check on members of governing body);
c
section 14(1), (2) and (3) (office holders: offences);
d
section 24(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) (monitoring);
e
section 26(1) (ceasing monitoring);
f
section 30(7) and (8) (provision of vetting information);
g
section 32(10) (notification of cessation of monitoring);
h
section 33(3) and (4)(b) (cessation of registration);
i
section 35(1) (regulated activity providers: duty to refer);
j
section 36(1), (2) and (3) (personnel suppliers: duty to refer);
k
section 37(2) (regulated activity providers: duty to provide information on request &c.);
l
section 39(1) and (5) (local authorities: duty to refer);
m
section 40(2) (local authorities: duty to provide information on request);
n
section 41(1) and (5) (registers: duty to refer);
o
section 42(2) (registers: duty to provide information on request);
p
section 44(7) (registers: power to apply for vetting information);
q
section 45(1) and (5) (supervisory authorities: duty to refer);
r
section 46(1)(a) and (2) (supervisory authorities: duty to provide information on request);
s
section 47(7) (supervisory authorities: power to apply for vetting information);
t
section 48(7) and (8) (supervisory authorities: notification of barring &c. in respect of children);
u
section 49(7) and (8) (supervisory authorities: notification of barring &c. in respect of vulnerable adults);
v
paragraphs 19(1)(b) and 21 of Schedule 3 (barred lists) and section 2(4) (barred lists) in so far as it relates to those paragraphs;
w
paragraphs 2(1)(f) and 7(1)(f) of Schedule 4 (regulated activity) and section 5(1) and (2) (regulated activity) in so far as it relates to those paragraphs;
x
paragraphs 1(1), 2(1)(a), 3(1)(c) and (2), 4(1)(c) and (2), 5, 6(1)(c) and (2), 7(1)(c) and (2), 8, 9(1)(c) and (2) and 10(1)(c) and (2) of Schedule 5 (appropriate verification);
y
paragraph 2(1) of Schedule 6 (employment businesses: failure to check) and section 12(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph;
z
paragraph 1 of Schedule 7 (vetting information).
Provisions coming into force on 19th May 2008 for the purposes of making orders under the Safeguarding Vulnerable Groups Act 2006
5
19th May 2008 is the day appointed for the coming into force of the following provisions of the Act for the purposes of making orders —
a
section 3(2)(b) and (3)(b) (barred persons);
b
section 5(3) and (4) (regulated activity);
c
section 6(12) (regulated activity providers);
d
section 12(2) (personnel suppliers: failure to check);
e
section 31(6) (meaning of relevant information in section 30);
f
section 41(8) (registers: duty to refer);
g
section 43(7) (registers: notice of barring and cessation of monitoring);
h
section 44(6) (registers: power to apply for vetting information);
i
section 45(9) (supervisory authorities: duty to refer);
j
section 47(6) (supervisory authorities: power to apply for vetting information);
k
section 48(6) (supervisory authorities: notification of barring &c. in respect of children);
l
section 49(6) (supervisory authorities: notification of barring &c. in respect of vulnerable adults);
m
section 54(1) and (2) (devolution: alignment);
n
section 58(6) (family and personal relationships);
o
paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3) and 16(5) of Schedule 3 (barred lists) and section 2(2), (3) and (4) (barred lists) in so far as it relates to those paragraphs;
p
paragraphs 6 and 9 of Schedule 4 (regulated activity);
q
paragraph 14 of Schedule 5 (appropriate verification);
r
paragraph 5 of Schedule 6 (employment businesses: failure to check) and section 12(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph;
s
paragraph 2 of Schedule 7 (vetting information).
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
14th May 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Bro Morgannwg National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires:
“new trust” (“ ymddiriedolaeth newydd ”) (means the Abertawe Bro Morgannwg University National Health Service Trust established on 12 March 2008;
“old trust” (“ hen ymddiriedolaeth ”) means Bro Morgannwg National Health Service Trust established on 4 January 1999;
“transfer date” (“ dyddiad trosglwyddo ”) means the 1 April 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in the Schedule.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008