type: legislation

jurisdiction: UK

text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the School Information (England) Regulations 2008 and come into force on 10th February 2009.
2
They apply only in relation to England and only to information in relation to the academic year 2010 – 2011 and subsequent years.
Interpretation
2
In these Regulations —
“ EA 1996 ” means the Education Act 1996;
“ SSFA 1998 ” means the School Standards and Framework Act 1998;
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“admission year” means an academic year at the beginning of which pupils are to be admitted to schools in consequence of admission arrangements determined for that year;
“composite prospectus” means a document published in accordance with regulation 5;
“determination year” means the academic year immediately preceding the offer year;
“fair access protocol” means an arrangement made by the authority which aims to ensure that children who have no school place are offered a place at a suitable school as quickly as possible;
“local authority” means a local education authority;
“maintained school” means —
for the purposes of Part 2, a community, foundation or voluntary school, and
for the purposes of Parts 3 and 4, a community, foundation or voluntary school, or any community or foundation special school which is not established in a hospital;
“non-maintained special school” means a special school which is not maintained by a local authority and which is not established in a hospital;
“offer year” means the academic year immediately preceding the admission year;
“public examinations” means public examinations which are for the time being prescribed by regulations made under section 402 of EA 1996;
“primary education” does not include such education provided at a middle school;
“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular academic year which make provision for the selection of pupils by ability or aptitude within the meaning of section 99(5) of SSFA 1998;
“school prospectus” means the document described in regulation 10;
“school travel scheme” means a scheme made by a local authority under section 508E of, and paragraph 1 of Schedule 35C to, EA 1996;
“special educational needs” and “special educational provision” have the meanings given in section 312 of EA 1996;
“special school” has the meaning given in section 337(1) of EA 1996;
“sustainable modes of travel strategy” means a sustainable modes of travel strategy prepared by a local authority pursuant to section 508A(1)(a) of EA 1996;
“travel arrangements” means travel arrangements made under sections 508B or 508C of EA 1996 ; and
“waiting list” in relation to a school means any list of unsuccessful applicants for the school maintained by the admission authority after the date on which offers of school places are communicated to parents.
Qualification of duties
3
The duties imposed on a governing body and a local authority by virtue of these Regulations in respect of provision, publication or making available information apply only to the extent that that information is available to the governing body or the local authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available, as the case may be.
Regulations revoked
4
The Regulations set out in Schedule 1 are revoked.
PART 2 Publication of Composite Prospectus
Local authority to publish composite prospectus
5
1
No later than 12th September in the offer year a local authority must publish the information specified in Schedule 2 in relation to all maintained schools, Academies, city technology colleges and city colleges for the technology of the arts in the composite prospectus area, in accordance with regulation 6.
2
The information in Part 2 of Schedule 2 (information in respect of individual schools) may be published in one composite prospectus, or in two or more composite prospectuses covering respectively —
a
primary schools, and secondary schools;
b
schools in different parts of the composite prospectus area
provided that every prospectus published under this regulation must include the information specified in Part 1 of Schedule 2 (General information) .
3
For the purposes of this regulation —
a
“the composite prospectus area” means —
i
the local authority’s area; and
ii
any part of the relevant area or relevant areas which fall outside the local authority’s area, and
b
the “relevant area” has the meaning given in section 88F(4) of SSFA 1998 and The Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999 .
Manner of publication
6
1
A local authority must publish a composite prospectus —
a
by displaying a copy on their website; and
b
by copies being made available for distribution without charge to parents on request —
i
at the offices of the local authority, and
ii
at every school maintained by the local authority, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area.
2
A composite prospectus published under paragraph (1)(a) in respect of an academic year must be displayed on the website until it is replaced by a composite prospectus for the following academic year.
3
In the case of a supplementary information form required to be published in the composite prospectus by virtue of paragraph 14 of Schedule 2, it is sufficient compliance with this regulation if such form is published in accordance with paragraph (1)(a) and (1)(b)(i).
Provision of information to the local authority by governing bodies
7
1
Subject to paragraph (2), for the purpose of enabling a local authority to comply with their obligations under regulations 5 and 6 the governing body of every maintained school to be included in a composite prospectus must provide the local authority with the information specified in Part 2 of Schedule 2 no later than 8th August in the offer year.
2
In relation to a school where the local authority is the admission authority, the governing body need only provide the information specified in paragraph 15 of Schedule 2 and any other information specified in Part 2 of that Schedule as is requested by the local authority.
PART 3 Publication of other information by local authority
Local authority to publish other information
8
1
A local authority must publish the information in Schedule 3 in accordance with paragraph (2) and regulation 9.
2
Such information must be published during the offer year and, except in so far as it relates exclusively to primary education, or special educational provision, or provision to which section 19 of EA 1996 applies (exceptional provision of education in pupil referral units or elsewhere) , must be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission year.
3
Where changes in respect of any of the matters required to be published under this regulation have been decided upon by the local authority but not yet implemented, the local authority must also publish information about those changes.
Manner of publication
9
1
A local authority must publish the information in Part 1 of Schedule 3 (Miscellaneous Matters) —
a
by placing it on their website;
b
by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons —
i
at the office of the local authority, and
ii
at every school maintained by the local authority, other than a nursery school, a special school or a pupil referral unit, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area;
c
by copies being distributed without charge to parents of pupils at schools maintained by the local authority, other than nursery schools, special schools or pupil referral units, who, in the offer year, are in the final year at such schools and who might transfer to other schools so maintained; and
d
by copies being made available for reference by parents and other persons at the public libraries in the area of the local authority.
2
In the case of the information in paragraph 9 of Schedule 3 (the local authority’s sustainable modes of travel strategy) the local authority need not comply with sub-paragraphs (1)(b) - (d).
3
It shall be sufficient compliance with paragraph (1)(b)(ii) if so much of the information and particulars as relates to schools classified as —
a
primary schools;
b
middle schools;
c
secondary schools,
is available only in schools of the classification in question.
4
It shall be sufficient compliance with paragraph (1)(c) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.
5
A local authority must publish the information in Part 2 of Schedule 3 (Special Educational Provision —
a
by placing it on their website;
b
by copies being made available for distribution without charge to parents on request and, for reference by parents and other persons, at the offices of the relevant authority; and
c
by copies being available for reference by parents and other persons —
i
at every school maintained by the local authority, and at every Academy, city technology college, and city college for the technology of the arts in composite prospectus area, and
ii
at the public libraries in the area of the authority.
6
A local authority must publish the information in Part 3 of Schedule 3 (Exceptional Provision of Education in Pupil Referral Units or Elsewhere) in the manner set out in paragraph (1)(b) – (d).
PART 4 Information to be published by governing bodies
Publication of school prospectuses
10
1
The governing body of a maintained school must publish —
a
the report containing special needs information referred to in section 317(5) of EA 1996; and
b
any other general information relating to that school which they may decide to publish,
as a single document identified as the school prospectus.
2
Copies of the school prospectus must be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
The school prospectus must be published during the offer year and, except in the case of a special school, not later than six weeks before the date up to which parents may express a preference for a school in respect of the admission year.
4
In the case of a special school such information must also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.
5
In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing career services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973 .
PART 5 Supplementary
Supplementary provisions relating to published documents
11
1
This regulation applies in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.
2
Such a document must state the admission year to which the information or particulars in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matters particularised —
a
before the start of, or during, the academic year in question; or
b
in relation to subsequent academic years.
3
If it appears appropriate to the local authority or, as the case may be, the governing body in respect of such a document to be published by them that a translation of such a document in a language other than English should be available, or that a Braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a Braille or audio tape version, as the case may be, and the document so translated or so produced must be published in such manner as appears to the governing body or authority to be appropriate.
4
Parents must not be charged for a copy of such a translated document or such a document produced in a Braille or audio type version if they are entitled without charge to a copy of the original document.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd December 2008


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No. 3) Order 2008 and comes into force on 2nd January 2009.
Amendment of Schedules 1 and 5 to the Judicial Pensions and Retirement Act 1993
2
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (the offices which may be qualifying judicial offices), at the end of the list headed “Other offices” insert —
Persons authorised by the Adjudicator to Her Majesty’s Land Registry in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002 to carry out functions which are not of an administrative character.
.
3
In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (retirement provisions: the relevant offices), after “Adjudicator to Her Majesty’s Land Registry” insert —
Persons authorised by the Adjudicator to Her Majesty’s Land Registry in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002 to carry out functions which are not of an administrative character.
.
Jack Straw
Lord Chancellor
8th December 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 and shall come into force on 3rd November 2008.
2
In these Regulations —
“the Act” means the Medicines Act 1968 ;
“controlled drug” means any substance or product for the time being specified in Part I, II or III of Schedule 2 (controlled drugs) to the Misuse of Drugs Act 1971 ;
“EEA health professional” means —
a doctor who is lawfully engaged in medical practice in a relevant European State; or
a dentist who is lawfully engaged in dental practice in a relevant European State (including a person whose formal qualifications as a doctor are recognised for the purposes of the pursuit of the professional activities of a dental practitioner under Article 37 of Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications) , and
who is not a doctor or dentist within the meaning of the Act ;
“medicinal product” means a product of a description or class specified in article 3 (medicinal products on prescription only) of the Prescription Only Medicines (Human Use) Order 1997 , except a medicinal product that is a controlled drug;
“relevant European State” means —
an EEA State other than the United Kingdom, or
Switzerland; and
“repeatable prescription” means a prescription which contains a direction that it may be dispensed with more than once.
Appropriate practitioner for purposes of section 58 of the Medicines Act 1968
2
In relation to a medicinal product, an EEA health professional is an appropriate practitioner for the purposes of section 58(2)(a) (restriction on sale and supply) of the Act .
Prescriptions given by EEA health professionals
3
1
Subject to regulations 4 and 5, a prescription given by an EEA health professional for a medicinal product counts as a prescription for the purposes of section 58(2)(a) of the Act only if —
a
it is an EEA prescription; and
b
the conditions in paragraph (2) are fulfilled in relation to the prescription.
2
The conditions referred to in paragraph (1) are that the prescription–
a
is signed in ink with his own name by the EEA health professional giving it;
b
is, without prejudice to sub-paragraph (a), written in ink or otherwise so as to be indelible;
c
contains the following particulars —
i
the address of the EEA health professional giving it,
ii
the date on which the prescription is signed by the EEA health professional,
iii
such particulars as indicate whether the EEA health professional is a doctor or a dentist, and
iv
the name, address and the age, if under 12, of the person for whose treatment it is given; and
d
is not dispensed after the end of the period of six months from the date on which the prescription is signed by the EEA health professional giving it, unless the prescription is a repeatable prescription which is not being dispensed for the first time.
3
For the purposes of this regulation a prescription for a medicinal product is an EEA prescription if the prescription is given in a relevant European State.
Prescriptions in electronic form
4
1
For the purposes of regulation 3(1) the conditions specified in paragraph (2) below may be fulfilled in relation to the prescription instead of those specified in paragraphs (2)(a) and (b) of regulation 3.
2
The conditions referred to in paragraph (1) are that the prescription is created in electronic form and signed with an advanced electronic signature and transferred to the person by whom it is dispensed as an electronic communication (including where it is so transferred through one or more intermediaries).
3
In this regulation —
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory;
capable of identifying the signatory;
created using means that the signatory can maintain under his sole control; and
which is linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of an electronic communications network; or
by other means but while in an electronic form; and
“signatory” means the EEA health professional giving the prescription.
Repeatable prescriptions given by EEA health professionals
5
1
A repeatable prescription given by an EEA health professional for a medicinal product counts as a prescription for the purposes of section 58(2)(a) of the Act only if, in addition to the requirements specified in regulation 3, the conditions specified in paragraph (2) are fulfilled in relation to the prescription.
2
The conditions referred to in paragraph (1) are that the repeatable prescription–
a
is not dispensed for the first time after the end of the period of six months from the date on which it is signed by the EEA health professional giving it;
b
without prejudice to sub-paragraph (a), is dispensed in accordance with any directions contained in the prescription; and
c
is dispensed on not more than two occasions if it is a repeatable prescription which does not specify the number of times it may be dispensed, unless it is a prescription for an oral contraceptive, in which case it may be dispensed six times before the end of the period of six month from the date on which the prescription is signed by the EEA health practitioner giving it.
Exemption in case of due diligence
6
Section 58(2)(a) of the Act does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription in relation to which the requirements in regulations 3 to 5 appear to be but are not fulfilled and the person selling or supplying the product, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.
Exemption in case of emergency sale or supply
7
1
With the exception of paragraphs (2)(d) and (5), article 8 (exemptions for emergency sale and supply) of the Prescription Only Medicines (Human Use) Order 1997 applies to the sale or supply of a medicinal product made, pursuant to a request by an EEA health professional or in circumstances where treatment with the medicinal product has on a previous occasion been prescribed by an EEA health professional, by a person lawfully conducting a retail pharmacy business.
2
For the purpose of paragraph (1) those terms in article 8 which are listed in paragraph (3) shall have the meanings ascribed to them in paragraph (3).
3
The terms referred to in paragraph (2) are —
a
“prescription only medicine” means “medicinal product”;
b
“doctor” includes an “EEA health professional”; and
c
“prescription” includes a prescription given by an EEA health professional in a relevant European State.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
26th June 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Kent Hospitals National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 18th February 2008.
2
In this Order —
“the old Trust” means the East Kent Hospitals National Health Service Trust;
“the new Trust” means the Kent and Medway National Health Service and Social Care Partnership Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 14th December 2007 and on behalf of the new Trust on 7th December 2007.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of Health
Department of Health
15th January 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008 and shall come into force on 27th October 2008.
2
In these Regulations —
“ the Act ” means the Child Support Act 1991;
“the Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ; and
“the Transitional Provisions Regulations ” means the Child Support (Transitional Provisions) Regulations 2000 .
Amendment of the Collection and Enforcement Regulations
2
1
The Collection and Enforcement Regulations are amended in accordance with the following paragraphs.
2
In regulation 3 (method of payment) —
a
in paragraph (1) —
i
omit sub-paragraph (h);
ii
after sub-paragraph (h), add —
i
by deduction from earnings order.
;
b
in paragraph (1A) omit sub-paragraph (c);
c
after paragraph (2), add —
3
Where the Secretary of State is considering specifying a deduction from earnings order by virtue of paragraph (1)(i), that method of payment is not to be used in any case where there is good reason not to use it.
4
For the purposes of paragraph (3) the matters which are to be taken into account in determining whether there is good reason not to use that method of payment are whether the making of a deduction from earnings order is likely to result in the disclosure of the parentage of a child and the impact of that disclosure on —
a
the liable person’s employment;
b
any relationship between the liable person and a third party.
5
For the purposes of paragraph (3) the circumstances in which good reason not to use that method of payment is to be regarded as existing are —
a
a member of the liable person’s or parent with care’s family is employed by the same relevant employer as the liable person;
b
that family member’s employment requires knowledge of the relevant employer’s functions in giving effect to the deduction from earnings order; and
c
as a consequence of these circumstances the liable person’s employment status or family relationships may be adversely affected by the use of a deduction from earnings order as a method of payment.
6
For the purposes of paragraph (3) the matters which are not to be taken into account in determining whether there is good reason not to use that method of payment are —
a
the liable person’s preference for a different method of payment;
b
the liable person’s preference for a relevant employer not to be informed about that parent’s maintenance liability;
c
that a third party would become aware of the liable person’s maintenance liability,
unless they are relevant to any matter falling within paragraph (4) or circumstance falling within paragraph (5).
7
Where the Secretary of State is considering specifying the method of payment set out in paragraph (1)(i) and decides that there is no good reason not to use it, that method is not to be specified until —
a
the time within which an appeal against that decision may ordinarily be brought (including any period during which a further appeal may ordinarily be brought) has ended; or
b
if an appeal is brought on the grounds set out in regulation 22(3A), the time at which proceedings on the appeal (including any proceedings on a further appeal) have been concluded.
8
Nothing in this regulation is to prevent the Secretary of State exercising his powers under section 31 of the Act to make a deduction from earnings order where the Secretary of State considers it is appropriate in the circumstances of the case, unless he has specified a deduction from earnings order as a method of payment by virtue of paragraph (1)(i).
9
In this regulation —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“family” means partner, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, grand-parent, grand-child, uncle, aunt, nephew, niece, or if any of the preceding persons is one member of a couple, the other member of that couple;
“partner” means where a person is a member of a couple the other member of that couple; and
“relevant employer” means the employer of a liable person in respect of whom the order under section 31 of the Act would be made but for paragraph (3).
.
3
In regulation 11 (protected earnings rate) —
a
in paragraph (2), for “paragraph (3) or paragraph (4)” substitute “paragraph (3), paragraph (4) or paragraph (5)”;
b
after paragraph (4), add —
5
This paragraph applies where the liable person —
a
has more than one employer; and
b
the Secretary of State makes an order under section 31 of the Act (“an order”) against that person in respect of more than one employer.
6
Where paragraph (5) applies, the protected earnings rate for each order is to be divided proportionately between the earnings of the liable person with each employer in accordance with paragraph (7).
7
The amount to be specified as the protected earnings rate in respect of any period in an order is an amount equal to the percentage of the liable person’s exempt income which is the same as the amounts earned with an employer, as a percentage of the total earnings with the employers.
8
Any reference to an “employer” in paragraphs (6) and (7) is to be construed as a reference to an employer subject to an order made in respect of a liable person.
.
4
In regulation 22 (appeals against deduction from earnings orders) —
a
at the beginning of paragraph (2), insert “Subject to paragraph (2A),”;
b
after paragraph (2), insert —
2A
Any appeal against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply is —
a
where the liable person is resident in the United Kingdom, to be made within 28 days of the date on which that decision is given or sent to the liable person;
b
where the liable person is not resident in the United Kingdom, to be made within 56 days of the date on which that decision is given or sent to the liable person.
;
c
at the beginning of paragraph (3), insert “Subject to paragraph (3A),”;
d
after paragraph (3), insert —
3A
Where the Secretary of State is considering specifying a deduction from earnings order as a method of payment under regulation 3(1)(i) an appeal may also be made against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply.
;
e
at the beginning of paragraph (4), insert “Subject to paragraph (5),”; and
f
after paragraph (4), add —
5
Where an appeal is brought on the grounds set out in paragraph (3A), and the court, or as the case may be, the sheriff, is satisfied that the appeal should be allowed the court or the sheriff is to refer the case to the Secretary of State for him to specify whichever of the methods of payment set out in regulation 3(1) he considers to be appropriate in the circumstances.
.
Amendment of the Decisions and Appeals Regulations
3
In regulation 3A of the Decisions and Appeals Regulations (revision of child support decisions) after paragraph (7), add —
8
Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State not to make a maintenance calculation, as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.
9
Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the Secretary of State makes a decision under section 12 of the Child Support Act.
.
Amendment of the Maintenance Assessment Procedure Regulations
4
In regulation 30A of the Maintenance Assessment Procedure Regulations, after paragraph (7) insert —
8
The effective date of a new maintenance assessment, where the circumstances set out in paragraph (9) apply, shall be —
a
on, or on one of the 6 days immediately following, the effective date as it would have been but for this paragraph; and
b
on the same day of the week as the day on which the maintenance period in respect of the previous maintenance assessment, as defined in paragraph 9(b), began.
9
The circumstances referred to in paragraph (8) are where —
a
a maintenance assessment (“the previous maintenance assessment”) has been in force in relation to the absent parent, whether or not in respect of the same parent with care; and
b
the previous maintenance assessment is no longer in force when the decision as to the maintenance assessment is made.
.
Amendment of the Maintenance Calculation Procedure Regulations
5
1
Part VII of the Maintenance Calculation Procedure Regulations is amended as follows.
2
In regulation 25(1), after “29” insert “, 29B”.
3
In regulation 26(1), for “regulation 28” substitute “regulations 28 and 29B”.
4
At the beginning of regulation 28, insert “Subject to regulation 29B,”.
5
At the beginning of regulation 29(1), insert “Subject to regulation 29B,”.
6
After regulation 29A insert —
Effective date where there has been a previous maintenance calculation
29B
1
This regulation applies where —
a
a maintenance calculation (“the previous maintenance calculation”) has been in force in relation to the non-resident parent, whether or not in respect of the same parent with care; and
b
the previous maintenance calculation is no longer in force when the decision as to the maintenance calculation is made.
2
Where this regulation applies, the effective date of the maintenance calculation shall be —
a
on, or on one of the 6 days immediately following, the effective date as it would have been but for this regulation; and
b
on the same day of the week as the day on which the maintenance period in respect of the previous maintenance calculation began.
.
7
In regulation 31, after paragraph (1C) insert —
1D
Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 29B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.
.
Amendment of the Maintenance Calculations and Special Cases Regulations
6
In paragraph 6(3) of the Schedule to the Maintenance Calculations and Special Cases Regulations, omit “made in anticipation of the calculation of profits”.
Amendment of the Transitional Provisions Regulations
7
In regulation 15(3A) of the Transitional Provisions Regulations (case conversion date) , for paragraph (b) substitute —
b
A is the non-resident parent in relation to the maintenance calculation and B is the absent parent in relation to the maintenance assessment.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
26th September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating) Order 2008 and shall come into force on 6th April 2008.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992; and
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Rate of and small earnings exception from Class 2 contributions
2
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions) —
a
in subsection (1) for “£2.20” substitute “£2.30”; and
b
in subsection (4) (small earnings exception) for “£4,635” substitute “£4,825”.
Amount of Class 3 contributions
3
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of Class 3 contributions) for “£7.80” substitute “£8.10”.
Lower and upper limits for Class 4 contributions
4
In each of sections 15(3), 18(1) and 18(1A) of the Act and sections 15(3), 18(1) and 18(1A) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£5,225” (lower limit) in each place where it appears, substitute “£5,435”; and
b
for “£34,840” (upper limit) in each place where it appears, substitute “£40,040”.
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2008


text:
Citation and commencement
1
This Order may be cited as the Welfare Reform Act (Relevant Enactment) Order 2008 and shall come into force on 1st September 2008.
Relevant enactment
2
A relevant enactment for the purposes of section 42(1) of the Welfare Reform Act 2007 (information relating to certain benefits) is section 93 of the Local Government Act 2000 (grants for welfare services).
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
5th August 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2008.
2
In these Regulations “ SSCR ” means the Social Security (Contributions) Regulations 2001 .
3
These Regulations shall come into force —
a
for the purposes of the insertion of paragraph 12B in Part 8 of Schedule 3 to SSCR on 1st April 2008; and
b
for all other purposes on 6th April 2008.
Amendment of the Social Security (Contributions) Regulations 2001
2
SSCR shall be amended as follows.
3
After regulation 65B insert —
Late payment of voluntary Class 2 and 3 contributions for tax year 2005-06
65C
1
Paragraph (2) applies where a person who will reach pensionable age on or after 6th April 2010 —
a
is entitled, but not liable, to pay a Class 2 or Class 3 contribution in respect of the tax year 2005-06; and
b
pays the contribution after the end of that year, but not later than 5th April 2012.
2
Notwithstanding sections 12(3) and 13(6) of the Act, the amount of the contribution shall be calculated by reference to the weekly rate which would have been payable if it had been paid during the tax year 2005-06.
.
4
1
Amend Schedule 3 (sums disregarded in the computation of employed earners’ earnings) as follows.
2
In Part 5, in paragraph 1(2) —
a
at the end of paragraph (a) omit “or”; and
b
after paragraph (a) insert —
aa
by virtue of paragraph 7E of Part 8 (van fuel); or
.
3
In Part 8 (sums by way of travelling, relocation and other expenses and allowances of the employment) —
a
after paragraph 7D insert —
Van fuel
7E
A payment by way of the provision of van fuel which is chargeable to income tax under section 160 of ITEPA 2003.
; and
b
after paragraph 12A ( HM Forces’ operational allowance) insert —
HM Forces’ Council Tax Relief
12B
A payment designated by the Secretary of State for Defence as Council Tax Relief and made by the Secretary of State for Defence to a member of Her Majesty’s forces.
.
4
In Part 10 (miscellaneous payments) —
a
in paragraph 1 for “2 to 17” substitute “2 to 19”; and
b
at the end add —
Payments made from the In-Work Emergency Discretion Fund
18
Any In-Work Emergency Discretion Fund payment made to a person pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 .
This paragraph does not apply in Northern Ireland.
Payments made from the In-Work Emergency Fund
19
Any In-Work Emergency Fund payment made to a person pursuant to arrangements made by the Department of Economic Development under section 1 of the Employment and Training Act (Northern Ireland) 1950 .
This paragraph applies only in Northern Ireland.
.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2008
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State
Department for Work and Pensions
4th March 2008
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 4th March 2008
John O’Neill
Senior Officer of the Department for Social Development


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) Regulations 2008.
2
1
Subject to paragraph (2), these Regulations shall come into force on 27th November 2008.
2
Regulation 3(3) and regulation 3(4), in so far as it inserts a new Regulation 10A(1)(c), shall come into force on 1st February 2009.
3
1
The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 shall be amended as follows.
2
In regulation 3 (fees for leave to remain applications), for paragraph (2), substitute —
2
The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training;
d
as a seasonal agricultural worker;
e
of a kind identified as requiring to be considered under a “Points Based System”;
f
as a retired person of independent means; or
g
as a sole representative,
under the immigration rules.
.
3
In regulation 4 (fees for leave to remain applications) —
a
in paragraph (1) —
i
after sub-paragraph (d), omit “or”; and
ii
after sub-paragraph (e) insert —
;or
f
as a Tier 4 migrant,
and
b
in paragraph (2)(a), after “Home Office”, insert “where applicable”.
4
For regulation 10A (fees for entry clearance) substitute —
10A
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies,
a
subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of —
i
twelve months or less in the case of an academic visitor, or
ii
six months or less in the case of a visitor other than an academic visitor, the fee is £65;
b
the fee referred to at sub-paragraph (a) will be reduced to £45 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies;
c
where the application is for entry clearance as a Tier 4 migrant, the fee is £99;
d
subject to sub-paragraph (e), where the application is for entry clearance as a Tier 5 migrant, the fee is £99;
e
where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £90;
f
where the application is for entry clearance as a student under the immigration rules, the fee is £99;
g
where the application is for entry clearance for passing through the United Kingdom, the fee is £45.
2
This regulation is subject to regulations 10B and 10C.
5
In regulation 10B (exceptions and waivers in respect of fees for entry clearance applications) —
a
after sub-paragraph (b), insert “or”; and
b
omit sub-paragraph (d) and the “or” before it.
6
For regulation 16, substitute —
16
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee.
.
Phil Woolas
Minister of State
Home Office
14th October 2008
We consent
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax Limitation (Maximum Amounts) (England) Order 2008 and shall come into force on the day after the day on which it is made.
2
This Order applies to authorities in England only .
Maximum amounts
2
The amount which the amount calculated by Lincolnshire police authority as its budget requirement for the financial year beginning in 2008 is not to exceed is £100,638,000, which amount does not exceed the amount already calculated by the authority as its budget requirement for that year.
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
10th July 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Policing Plan Regulations 2008 and shall come into force on 14th March 2008.
2
In these Regulations
“local government area” has the meaning given to it in section 5 of the 1998 Act (authorities responsible for strategy) ,
“local improvement target” has the meaning given to it in section 105 of the 2007 Act (local improvement targets: interpretation),
“plan period” means the three financial years to which the policing plan relates under section 6ZB(1)(b) of the 1996 Act ,
“the police force” means the police force for the police authority’s area,
“protective services” means the policing services which relate to counter terrorism, civil contingencies, firearms, major crime, public order, roads policing, serious organised crime, domestic extremism, critical incidents, missing persons, investigating domestic abuse, investigating child abuse and sexual and violent offender management in respect of which the Association of Chief Police Officers have issued the document “Protective Services Minimum Standards” dated 24th December 2007,
“relevant responsible authorities” means responsible authorities under section 5 of the 1998 Act for any local government area which forms all or part of the police area of the police authority,
“the 1996 Act” means the Police Act 1996,
“the 1998 Act” means the Crime and Disorder Act 1998 ,
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007 .
Consideration of Policing Plans
3
Before issuing a police plan a police authority shall consider —
a
any performance targets established by the police authority, whether in compliance with a direction under section 38 of the 1996 Act (performance targets) or otherwise, that relate to the plan period;
b
any matters relating to the efficiency and effectiveness of the police force
i
arising out of any inspection of the police force by Her Majesty’s Inspectors of Constabulary, or
ii
raised with the police authority by the Secretary of State;
c
any direction given to the police authority by the Secretary of State under section 40 of the 1996 Act (power to give directions in relation to police force) or any information given to the police authority of the grounds on which such a direction might be given;
d
the strategies for the plan period formulated by the relevant responsible authorities under section 6 (formulation and implementation of crime and disorder reduction stratagies) of the 1998 Act ; and
e
any local improvement target to which the police authority must have regard under section 108 (duty to have regard to local improvement targets) of the 2007 Act.
Contents of Policing Plans
4
In addition to the matters set out in section 6ZB(1) (contents of policing plans) of the 1996 Act the policing plan of a police authority shall set out —
a
any strategic priorities determined by the Secretary of State under section 37A (strategic priorities for police authorities) of the 1996 Act that relate to the plan period;
b
any performance targets established by the police authority, whether in compliance with a direction under section 38 of the 1996 Act or otherwise, that relate to the plan period and how it is proposed to meet those targets;
c
a statement of the financial resources the police authority expects to be available for the plan period and the proposed allocation of those resources;
d
any planned increases in efficiency and productivity of the police force during the plan period and how it is proposed such increases will be achieved;
e
any matters relating to the efficiency and effectiveness of the police force
i
arising out of any inspection of the police force by Her Majesty’s Inspectors of Constabulary, or
ii
raised with the police authority by the Secretary of State,
and how the police authority intends to address such matters;
f
any direction given by the Secretary of State under section 40 of the 1996 Act or any information given to the police authority of the grounds on which such a direction might be given and how the police authority intends to address such matters;
g
the strategies formulated by the relevant responsible authorities under section 6 of the 1998 Act for the plan period and how the police authority intends to implement those strategies;
h
any planned improvements in the ability of the police force to deliver protective services during the plan period and how it is proposed such improvements will be achieved;
i
details of the arangements required to be made by the police authority in the exercise of functions conferred on it under section 6ZA of the 1996 Act (power to confer particular functions on police authorities) for co-operation between the police force and other police forces;
j
details of any co-operation between the police force and other police forces that
i
is taking place at the time the plan is issued, and
ii
is proposed for the plan period;and
k
any local improvement target to which the police authority must have regard under section 108 of the 2007 Act.
Publication of Policing Plans
5
A police authority shall arrange for every policing plan issued by it to be published in such manner as appears to it to be appropriate by 30th June of the financial year before the beginning of which it was issued, and shall send a copy of the plan to the Secretary of State.
Transitional Provisions
6
For the plan period beginning on 1st April 2008 —
a
the policing plan shall be modified prior to publication under regulation 5 to include details of the performance of the police authority in the period 1st April 2005 to 31st March 2008 by reference to the statutory performance indicators for the police authority under section 4 (performance indicators and standards) of the Local Government Act 1999 ; and
b
regulations 3 and 4 shall be taken not to include sub-paragraphs (e) and (k) respectively.
Tony McNulty
Minister of State
Home Office
11th February 2008


text:
Title and Commencement
1
The Title of this Order is the Swansea National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 April 2008.
Dissolution of NHS Trust
2
The Swansea National Health Service Trust established by the Swansea (1999) National Health Service Trust (Establishment) Order 1998 is hereby dissolved, and accordingly that Order and the Swansea National Health Service Trust (Change of Name) Order 1999 are hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
1
This Order may be cited as the Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2008.
2
The Armed Forces Act 2006, the Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall, instead of expiring on 8th November 2008, continue in force until 8th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Rates of Child Benefit (Commencement) Order 2008.
Coming into force of new rates of child benefit
2
The different rates of child benefit prescribed in the Child Benefit (Rates) (Amendment) Regulations 2008 shall come into force on 5th January 2009.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2008


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2008 and shall come into force on 1st September 2008.
2
These Regulations extend to England and Wales.
3
In these Regulations —
“the 2002 Regulations ” means the Police Act 1997 (Criminal Records) Regulations 2002 .
Amendment of the 2002 Regulations
2
1
Regulation 5A of the 2002 Regulations (Enhanced criminal record certificates: prescribed purposes) is amended as follows.
2
After paragraph (g) insert —
ga
registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);
.
3
For regulation 8A of the 2002 Regulations substitute —
Criminal record certificates: suitability relating to adults: prescribed positions
8A
The following positions are prescribed for the purposes of section 113D(4) of the Act (criminal record certificates: suitability relating to adults), namely the positions referred to in regulation 5A(ba) above (position concerned with the provision of care services to vulnerable adults or with representing, or providing advocacy services to, such adults) and regulation 5A(v) above (position of Commissioner for Older People in Wales , or that of his deputy or persons appointed by the Commissioner to assist in the discharge of his functions or authorised to discharge his functions on his behalf).
.
West of Spithead
Parliamentary Under Secretary of State
Home Office
7th August 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 and shall come into force on the day after the day on which it is made.
2
This Order extends to England and Wales only.
Cancer treatment advertisements
2
In section 4 of the Cancer Act 1939 (prohibition of certain advertisements) —
a
subsection (6) shall be repealed; and
b
for subsection (7), there shall be substituted —
7
Each of the following may institute proceedings under this section —
a
a county council in England;
b
a non-metropolitan district council for an area in England for which there is no county council;
c
a London borough council;
d
the Common Council of the City of London; or
e
a county council or county borough council in Wales.
.
Hackney carriage licence zones
3
1
Subject to paragraph (2), in paragraph 25 of Schedule 14 to the Local Government Act 1972 (amendment and modification of Public Health Acts 1875 to 1925) (“paragraph 25”) —
a
in sub-paragraph (1), for “sub-paragraphs (2) and (4)” there shall be substituted “sub-paragraph (2)”;
b
sub-paragraph (4) shall be repealed; and
c
in sub-paragraph (6) —
i
in paragraph (a), the words from “except” to “any area,” shall be omitted; and
ii
paragraph (b) and the preceding “and” shall be repealed.
2
Where, before the date on which this Order comes into force —
a
a local authority , after giving the requisite notice, passes a resolution under paragraph 25 that section 171(4) of the Public Health Act 1875 (incorporation of certain provisions of the Town Police Clauses Act 1847 ) shall apply throughout its area; and
b
that resolution is neither approved nor disapproved by the Secretary of State or, in relation to a local authority in Wales, the Welsh Ministers,
the date on which that resolution is to take effect shall be the date which is 35 days after the date on which this Order comes into force.
Overseas assistance
4
In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) —
a
in subsection (1), for “subsections (3) to (6)”, there shall be substituted “subsection (6)”; and
b
subsections (3), (4) and (5) shall be repealed.
Curriculum for pupil referral units - arrangements for complaints
5
In paragraph 6 of Schedule 1 to the Education Act 1996 (pupil referral units - curriculum) , in sub-paragraph (3) the words “, with the approval of the Secretary of State,” shall be omitted.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
29th October 2008


text:
PART 1 General
Title, commencement and application
1
1
These Regulations may be cited as the Eggs and Chicks (England) Regulations 2008.
2
These Regulations come into force on 2nd July 2008.
3
These Regulations apply in England only.
4
These Regulations apply —
a
to eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008 apply; and
b
to eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008 apply (eggs in shell for consumption produced by hens of the species Gallus gallus ).
5
But they do not apply —
a
to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation;
b
to the sale of eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer —
i
on the production site; or
ii
by door-to-door selling in the region of production; or
c
except insofar as they relate to the requirement imposed by point III (3) of Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point I(1) of Part A of Annex XIV to that Regulation and Commission Regulation (EC) No 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.
6
In paragraph (5) (b) (ii) “door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work.
Revocation
2
The Eggs and Chicks (England) Regulations 2007 Regulations are revoked.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under or in relation to the Act or these Regulations;
“breeding establishment” has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No 617/2008 ;
“chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No 617/2008 ;
“ Commission Regulation (EC) No 617/2008 ” means Commission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;
“ Commission Regulation (EC) No 589/2008 ” means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs, as adopted by the Commission on 23 rd June 2008;
“Council Directive 1999/74/ EC ” means Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens;
“Directive 2000/13/EC ” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
“eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No 617/2008 ;
“enforcement authority” means an authority exercising a function conferred on it by regulation 16 ;
“final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“food authority” means —
a county council;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority); and
the Council of the Isles of Scilly;
“hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No 617/2008 ;
“packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No 617/2008 ;
“production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ; and
“Single CMO Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time.
2
Any expression which is not defined in paragraph (1), but is used in Part 2 of, or Schedule 1 to, these Regulations, and in Part C of Annex XIV to the Single CMO Regulation has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.
3
Any expression which is not defined in paragraph (1), but is used in regulation 1(5) or Part 3 of, or Schedule 2 to, these Regulations and in Part A of Annex XIV to the Single CMO Regulation or Commission Regulation (EC) No 589/2008 , has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.
4
Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 1 means a contravention of or failure to comply with —
a
any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EC) No 617/2008 mentioned in column 1 of Part 2 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
5
Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 2 means a contravention of or failure to comply with —
a
any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EC) No 589/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
PART 2 Eggs for hatching and chicks
Compliance with Community provisions
4
A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 1.
Registration of pedigree breeding establishments, breeding establishments and hatcheries
5
1
The Secretary of State is designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).
2
Where an application is made to the Secretary of State pursuant to Article 2(1) of Commission Regulation (EC) No 617/2008 , the Secretary of State must notify the applicant of the matters specified in paragraph (3) within 28 days.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant the application; and
c
in the case of any refusal to grant the application, the right of appeal conferred by regulation 18 of these Regulations.
4
Where the Secretary of State is not satisfied that an application should be granted, the Secretary of State may (instead of refusing the application) notify the applicant of the reason for this, and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, the Secretary of State may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that all of the provisions mentioned in Schedule 1 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, the Secretary of State may ask the applicant to take steps to ensure that those provisions will be complied with; and
c
the Secretary of State may give the applicant an opportunity to provide oral or written explanations to the Secretary of State in respect of the application.
5
Where the Secretary of State decides to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Secretary of State must notify the person carrying on business at the establishment concerned (“the operator”) of the matters mentioned in paragraph (6) within 28 days.
6
The matters are —
a
the Secretary of State’s decision to withdraw the registration;
b
the date on which the withdrawal of the registration is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 18 of these Regulations.
7
Where the Secretary of State is minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Secretary of State may (instead of withdrawing the registration) notify the operator that the Secretary of State is minded to withdraw the registration, and the reasons for this, and —
a
where the contravention of, or failure to comply with, any provision mentioned in Schedule 1 is continuing, the Secretary of State may ask the operator to take steps to ensure that that provision is complied with; and
b
the Secretary of State may give the operator an opportunity to provide oral or written explanations to the Secretary of State in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to an operator under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
Any notice given by the Secretary of State under this regulation must be in writing.
11
For the purposes of calculating the 28-day time limit specified in paragraph (2) , time does not run during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4) .
Derogation relating to the marking of eggs for hatching
6
Eggs for hatching may be marked in a different manner from that specified in Article 3(2) of Commission Regulation (EC) No 617/2008 if the marking of the eggs —
a
is in black, indelible, clearly visible and at least 10 mm² in area: and
b
is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.
PART 3 Eggs in shell for consumption
Compliance with Community provisions
7
A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 2.
Authorisation of packing centres to grade eggs
8
1
The Secretary of State is designated as the competent authority for the purpose of the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 (authorisation of undertakings as packing centres to grade eggs).
2
Where an application is made to the Secretary of State under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 to authorise an undertaking as a packing centre to grade eggs, the Secretary of State must notify the applicant of the matters specified in paragraph (3) within 28 days.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant an authorisation; and
c
in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 18 of these Regulations.
4
Where the Secretary of State is not satisfied that an application should be granted, the Secretary of State may (instead of refusing the application) notify the applicant of the reason for this and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, the Secretary of State may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 that are relevant to the type of packing centre to be authorised have been met, the Secretary of State may ask the applicant to comply with any outstanding requirement; and
c
the Secretary of State may give the applicant an opportunity to provide oral or written explanations to the Secretary of State in respect of the application.
5
Where the Secretary of State decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , the Secretary of State must notify the person carrying on business at the packing centre (“the operator”) of the matters specified in paragraph (6) within 28 days.
6
The matters are —
a
the Secretary of State’s decision to withdraw the authorisation;
b
the date on which the withdrawal of the authorisation is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 18 of these Regulations.
7
Where the Secretary of State is minded to withdraw the authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , the Secretary of State may (instead of withdrawing the authorisation) notify the operator that the Secretary of State is minded to withdraw the authorisation, and the reasons for this, and —
a
where the failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 is continuing, the Secretary of State may ask the operator to take steps to ensure that those requirements are met; and
b
the Secretary of State may give the operator an opportunity to provide oral or written explanations to the Secretary of State in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to an operator under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
Any notice given by the Secretary of State under this regulation must be in writing.
11
For the purposes of calculating the 28-day time limit specified in paragraph (2) , time does not run during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4) .
Derogations relating to the marking of eggs
9
1
The provision in the second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation (requiring class B eggs to be marked) does not apply where class B eggs are to be marketed exclusively in the United Kingdom.
2
The provision in the first sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with point III (1) of Part A of Annex XIV to the Council Regulation) does not apply in the case of a producer with up to 50 laying hens if the name and address of the producer are indicated at the point of sale.
Livestock grazing on open-air runs
10
For the purpose of point 1 of Annex II to Commission Regulation (EC) No 589/2008 (setting down the minimum requirements that need to be met in order for eggs to be marketed as free-range eggs), livestock grazing is authorised on open-air runs to which laying hens have access.
Derogation relating to free-range eggs
11
1
By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No 589/2008 , eggs to which paragraph (2) applies may be marketed as free-range eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
2
This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
3
The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1) —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
Derogation relating to barn eggs
12
1
By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No 589/2008 , eggs to which paragraph (2) applies may be marketed as barn eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
2
This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
3
The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1) —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
PART 4 Miscellaneous provisions
Powers of authorised officers
13
1
An authorised officer may direct any person to leave undisturbed, for so long as reasonably necessary for the purpose of any examination or investigation —
a
eggs;
b
eggs for hatching;
c
packs or other containers for eggs, eggs for hatching or chicks;
d
labels or documents relating to eggs, eggs for hatching or chicks; and
e
any premises on or in which any eggs, eggs for hatching or chicks, any packs or other containers for eggs, eggs for hatching or chicks, and any labels or documents relating to such eggs or chicks are found.
2
If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (1), an authorised officer may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.
3
An authorised officer may direct any person to ensure that any —
a
eggs;
b
eggs for hatching;
c
packs or other containers for eggs, eggs for hatching or chicks; or
d
labels or documents relating to eggs, eggs for hatching or chicks,
which do not comply in any one or more respects with the requirements of any one or more of the provisions mentioned in Schedule 1 (as regards eggs for hatching and chicks) or 2 (as regards other eggs), comply with those requirements before being removed from any land, vehicle or trailer, except as may be otherwise directed in writing by an authorised officer.
4
An authorised officer may seize any computer and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable and, in any event, within 28 days.
5
Where an authorised officer exercises the power under paragraph (4), the officer must notify the person in charge of the premises from which the equipment is seized of the right of appeal conferred by regulation 18 .
6
Except as stated in paragraph (3) , any direction given by an authorised officer under paragraph (1) or (3) can be given orally or in writing but any direction given orally must be confirmed in writing as soon as practicable and, in any event, within 24 hours.
7
An authorised officer must not exercise the powers under paragraphs (1) to (4) except on the production, if so required, of a duly authenticated document showing the officer’s authority.
8
A person is guilty of an offence if —
a
without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (1);
b
unless authorised to do so, in writing, by an authorised officer, the person interferes with any packs or containers that have been secured by an authorised officer under paragraph (2); or
c
without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (3).
9
In this regulation “premises” includes any place and any vehicle, trailer, stall or moveable structure.
Record-keeping requirements
14
1
The Secretary of State may direct any person carrying on any activity regulated by a provision mentioned in Schedule 1 or 2 to comply with any of the requirements specified in paragraph (2) .
2
The requirements are —
a
to keep, or cause to be kept, such records as the Secretary of State may reasonably require for the purposes of enforcing any such provision;
b
to provide the Secretary of State with such information derived from such records as the Secretary of State may require by the times specified in the notice; and
c
to retain such records for such period as the Secretary of State may reasonably require.
3
But the Secretary of State must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are normally kept in the course of a business by persons carrying on any activity regulated by a provision mentioned in Schedule 1 or 2 and —
a
the direction will be given on or before 1 st January 2009 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with any provision mentioned in Schedule 1 or 2 since the coming into force of these Regulations;
b
the direction will be given on or before 1 st January 2009, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations and the Secretary of State reasonably suspects that, since the conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1 or 2 to which that person’s conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 1 or 2;
c
the direction will be given on or after 2 nd January 2009 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1 or 2 within the six month period immediately before the direction is given; or
d
the direction will be given on or after 2 nd January 2009, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations within the six month period immediately before the giving of the direction, and the Secretary of State reasonably suspects that, since the conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1 or 2 to which that person’s conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 1 or 2.
4
Any direction given by the Secretary of State under paragraph (1) must be in writing.
5
A person is guilty of an offence if, without reasonable excuse, they fail to comply with any requirement imposed on them by a direction given by the Secretary of State under paragraph (1).
Obstruction
15
1
A person is guilty of an offence if —
a
they intentionally obstruct an authorised officer acting in the execution of these Regulations;
b
without reasonable excuse, they fail to give an authorised officer acting in the execution of these Regulations any assistance or information which that person may reasonably require of them for the performance of the authorised officer’s functions under these Regulations;
c
they give to an authorised officer acting in the execution of these Regulations any information which they know, or ought reasonably to know, to be false or misleading; or
d
without reasonable excuse, they fail to produce a record when required to do so by an authorised officer acting in the execution of these Regulations.
2
Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate them.
Enforcement
16
1
Each food authority must —
a
enforce the provisions mentioned in Schedule 2, as read with regulation 7 , insofar as they apply to —
i
the retail sale of eggs within their area; and
ii
the sale of eggs to a mass caterer in their area;
b
enforce the provisions of regulation 13(8) —
i
in the case of a direction given by an authorised officer who is authorised by the food authority; and
ii
in the case of a pack or container secured by an authorised officer who is authorised by the food authority; and
c
enforce the provisions of regulation 15 (1) (a) to (d) in the case of an obstruction of an authorised officer who is authorised by the food authority.
2
The Secretary of State may enforce the provisions mentioned in Schedule 2, as read with regulation 7 , insofar as they apply to the retail sale of eggs or the sale of eggs to a mass caterer.
3
The Secretary of State must —
a
enforce the provisions mentioned in Schedule 1, as read with regulation 4 ;
b
enforce the provisions mentioned in Schedule 2, as read with regulation 7 , insofar as they do not apply to the retail sale of eggs or the sale of eggs to a mass caterer;
c
enforce the provisions of regulation 13(8) —
i
in the case of a direction given by an authorised officer who is authorised by the Secretary of State; and
ii
in the case of a pack or container secured by an authorised officer who is authorised by the Secretary of State;
d
enforce the provisions of regulation 14(5) ; and
e
enforce the provisions of regulation 15 (1) (a) to (d) in the case of an obstruction of an authorised officer who is authorised by the Secretary of State.
4
In this regulation —
“retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and
“sale” includes possession for sale and offer, exposure and advertising for sale.
Duty to give assistance and provide information
17
Each enforcement authority must give such assistance and information to any other enforcement authority as that other authority may reasonably require for the purpose of their duties under these Regulations.
Appeals
18
1
Any person who is aggrieved by a decision specified in paragraph (2) may appeal against that decision to a magistrates’ court.
2
A specified decision for the purpose of paragraph (1) is —
a
a decision by the Secretary of State to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 2(1) of Commission Regulation (EC) No 617/2008 , or to withdraw such a registration;
b
a decision by the Secretary of State to refuse to authorise an undertaking as a packing centre to grade eggs under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , or to withdraw such an authorisation; and
c
a decision by an authorised officer to seize any computer or associated equipment under regulation 13(4) .
3
Section 37(3), (5) and (6) of the Act has effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section, but with the omission —
a
in subsection (3), of the words “, or an appeal to such a court for which provision is made by regulations under Part II of this Act,”;
b
of subsection 5(b), and the word “or” immediately preceding it; and
c
in subsection (6)(a), of the words “or to the sheriff”.
4
The withdrawal of an authorisation or registration referred to in paragraph (2) does not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of, withdrawn or struck out for want of prosecution.
Penalty
19
A person guilty of an offence specified in regulation 4 , 7 , 13(8) , 14(5) or 15(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Extended period for bringing prosecutions
20
1
Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.
2
But no such proceedings shall be commenced by virtue of paragraph (1) more than three years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in the prosecutor’s opinion to warrant the proceedings came to the prosecutor’s knowledge is conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.
Application of various provisions of the Act
21
1
The following provisions of the Act apply for the purposes of these Regulations with the modifications specified in paragraph (2) —
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 32(1) to (8) (powers of entry);
section 36 (offences by bodies corporate);
section 36A (offences by Scottish partnerships);
section 44 (protection of officers acting in good faith);
section 46(1) (expenses of authorised officers); and
section 50 (service of documents).
2
The modifications are —
a
construe any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) as a reference to these Regulations, and also, in relation to section 32(1)(a), construe the reference to “the provisions of this Act” as a reference to the provisions mentioned in Schedules 1 and 2;
b
construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;
c
in relation to section 20, construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
d
in relation to section 21(2), replace the words “section 14 or 15 above” with the words “these Regulations”;
e
in relation to section 29 —
i
in paragraph (b)(ii), construe the reference to section 32 as including a reference to section 32 as applied to these Regulations by paragraph (1); and
ii
in paragraph (d), omit the words “or of regulations or order made under it”;
f
in relation to section 30(8)(a), omit the words “under subsection(6) above”;
g
in relation to section 32 —
i
in subsection(1)(a), omit the words “, or of regulations or orders made under it”;
ii
in subsection (4), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
iii
in subsection (5), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;
iv
in subsection (6)(a), omit the words “or of regulations or orders made under it”; and
v
in subsection (7), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1); and
h
in relation to section 44, construe any reference to a food authority as a reference to an enforcement authority.
Transitional provision
22
Any written authority granted to any person to act in matters arising under or in relation to the Eggs (Marketing Standards) Regulations 1995 or the Eggs and Chicks (England) Regulations 2007 has effect as if it referred to these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
30th June 2008


text:
Citation and commencement
1
This Order may be cited as the Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008 and shall come into force on 11th March 2008.
Continuance in force of sections 1 to 9 of the Prevention of Terrorism Act 2005
2
Sections 1 to 9 of the Prevention of Terrorism Act 2005 shall not expire in accordance with article 2 of the Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2007 but shall continue in force for a period of one year beginning with 11th March 2008.
Jacqui Smith
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2008 and comes into force on 6th November 2008.
2
In this Order, “designate” means designate for the purposes of section 2(2) of the European Communities Act 1972, and similar expressions are to be construed accordingly.
Designation in relation to mutual assistance for the recovery of claims
2
The Treasury is designated in relation to mutual assistance between member States for the recovery of —
a
claims relating to levies, duties, taxes and financing of the Common Agricultural Policy; and
b
interest, costs and penalties related to such claims.
Relationship with other designations
3
This Order does not restrict the scope of any designation made by any other Order.
Judith Simpson
Clerk of the Privy Council


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008;
b
apply in England; and
c
come into force on 15th January 2009.
Amendment to the Products of Animal Origin (Third Country Imports) Regulations
2
Schedule 1 to the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 is replaced with the Schedule set out in the Schedule to these Regulations.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
15th December 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 1 and Transitional Provision) Order 2008.
2
In this Order, “ the Act ” means the Housing and Regeneration Act 2008, and “the commencement date” means 8th September 2008.
Commencement of certain provisions of Part 1 relating to the Homes and Communities Agency
2
1
The following provisions of Part 1 of the Act shall come into force on the commencement date —
Section 1 (establishment and constitution of the HCA) and Schedule 1
Sections 2 and 3 (objects and principal powers of the HCA)
Section 4 (powers: general), in relation to the specific powers brought into force by this Order
Section 37 (duty to co-operate with Regulator of Social Housing)
Section 44 (local government involvement)
Sections 46 and 47 (guidance and directions by the Secretary of State)
Sections 49 and 50(1) (abolition of existing bodies)
Section 51 (property etc. transfer schemes), and Schedules 6 and 7 as they apply in relation to, or make provision about the tax implications of, schemes under section 51
Section 52 (role of the HCA in relation to former CNT functions)
Section 53 (interim arrangements)
Section 54 (validity of transactions)
Section 55 (notices)
Section 56 (consequential amendments), for the purpose of bringing into force the provisions of Schedule 8 specified in paragraph (2)
Sections 57 and 58 (interpretation etc of Part 1), so far as required for the interpretation of provisions commenced by this Order.
2
The provisions of Schedule 8 referred to in paragraph (1) and coming into force on the commencement date are paragraphs 1, 4(a) and (b), 19(1) and (2), 20(1) and (2), 21(1) and (2), and 77(1) and (2).
Commencement of certain provisions of Part 2 relating to the regulation of social housing
3
1
The following provisions of Part 2 of the Act shall come into force on the commencement date —
Section 59 (purpose)
Sections 65 to 67 (transfer schemes and interim and transitional arrangements) and Schedules 6 and 7 as they apply in relation to, or make provision about the tax implications of, schemes under section 65
Section 72 (power to make regulations providing for property to be treated or not to be treated as social housing for the purposes of Part 2); and, for the purposes of interpretation of, and giving effect to, that section and other provisions of Part 2 commenced by this Order, sections 68 to 71 (social housing: basic principle and definitions) and sections 73 to 80 (social housing stock, and other key concepts relating to the regulator)
Section 81 (establishment of the regulator)
Sections 82 to 85 (membership and staff of regulator)
Section 86 (fundamental objectives of the regulator), in relation only to the exercise of functions of the regulator commenced by this Order
Sections 87 to 92 (procedures, committees, annual reports etc. of the regulator)
Sections 93, 95 except subsections (3) and (4), and 96 to 98 (powers of the regulator under Part 2), in relation only to the exercise of functions of the regulator commenced by this Order
Sections 99 to 104 (money)
Section 105 (co-operation with the HCA)
Section 112(3) and (4) (conditions as to eligibility for registration), for the purpose only of the regulator setting relevant criteria under subsection (3)
Section 113(5) and (6) (local authority non-registrable bodies), for the purpose only of the Secretary of State making regulations under subsection (5)
Section 114 (registration of local authorities), for the purpose only of consultation being carried out by the Secretary of State under subsection (6)
Section 116(2) (applications for entry on register)
Section 117 (fees), for the purpose only of the regulator prescribing the amount of fees and making related provision as described in subsections (3) to (8)
Section 119(2) and (7) (voluntary de-registration), for the purpose only of the regulator setting and publishing criteria for de-registration
Section 127(6) (directions), for the purpose only of consultation by the regulator with the bodies mentioned in that subsection
Section 131(5) (exempt companies)
Section 174(5) and (6) (procedure on consent to disposal of land)
Sections 192 to 198 (regulatory powers), except section 198(1)
Section 202(4), (6) and (7) (inspections: supplemental), for the purposes only of the Secretary of State authorising the regulator to charge fees for inspections, and of the regulator prescribing a scale of fees for inspections
Section 212(2) and (8) (industrial and provident society: change of rules)
Section 214(2) and (7) (companies: change of articles)
Sections 215(1) and (2), and 216 (guidance on use of intervention powers, and consultation)
Sections 275 and 276 (interpretation etc. of Part 2), so far as required for the interpretation of provisions commenced by this Order
Section 277 (consequential amendments) for the purpose of bringing into force the provisions of Schedule 9 specified in paragraph (2).
2
The provisions of Schedule 9 referred to in paragraph (1) and coming into force on the commencement date are paragraphs 1, 2(1) and (2), 3(1) and (2), and 28(1) and (2).
3
Paragraph (4) applies, for the purpose of giving effect to sections 112(4), 127(6), 174(5), 196(1), 197(4), and 216, until —
a
the regulator has set criteria for registration in exercise of the power conferred by section 112(3), and
b
a register of providers of social housing has been established in accordance with Chapter 3,
and in paragraph (4), the day when these conditions are satisfied is called the registration date.
4
A requirement, in any of the provisions mentioned in paragraph (3), to consult one or more bodies appearing to the regulator (or, in the case of section 197(4), to the Secretary of State) to represent the interests of registered providers, may be satisfied instead by consulting one or more bodies so appearing to represent the interests of English bodies which may become eligible for registration on or after the registration date.
Commencement of certain other provisions of the Act
4
The following provisions of the Act shall come into force on 22nd September 2008 —
a
section 317 (building regulations: time limit for prosecutions) and
b
section 321(1) (repeals), so far as it relates to the repeal of section 156(5) and (6) of the Housing Act 1985 , and the entry relating to those subsections in Schedule 16 to the Act.
John Healey
Minister of State
Department for Communities and Local Government
2nd September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2008 and comes into force on 7th November 2008.
2
In this Order —
“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible hectare” shall be construed in accordance with Article 44(2) of Council Regulation 1782/2003;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL;
“moorland” means all the land that is —
severely disadvantaged land, and
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL; and
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2008, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is the subject of payments of hill farm allowance (as is mentioned in entry 4 in column 1 of the Schedule to this Order), or was set aside from production in 2007 (as is mentioned in entry 5 in that column), or was an eligible hectare in 2007 (as is mentioned in entry 6 in that column), then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2008, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2007 is revoked.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th October 2008