Local Government - February 2009

 

Cases in November and December

• Antisocial behaviour orders

• Children and Young Persons

• Education

• Elections

• Employment

• Housing

• Licensing

• Planning

Antisocial behaviour orders

BirminghamCityCouncil v (1) Marnie Shafi (2) Tyrone Ellis (2008)Section 222 of the Local Government Act 1972 provides that:

‘222(1) Where a local authority consider it expedient for the promotion of the interests of the inhabitants of their area –

(a)     they may prosecute or defend or appear in any legal proceedings and, in the case of any civil proceedings, may institute them in their own name,…’

The powers in section 222 were formerly vested in the Attorney General.  Birmingham City Council sought injunctions to restrain the respondents from committing criminal offences or acts of public nuisance.  The Council applied under section 222 for an injunction, which was refused.  The Court of Appeal held that:

‘It would have been wrong in principle for the court to exercise its discretion to grant these injunctions because the appropriate course was for the council to apply for ASBOs.’

Ashley Langley (Claimant) v Preston Crown Court (Defendant) & West Lancashire District  Council (First Interested Party) & Secretary of State for Justice (Second Interested Party) (2008)
This appeal concerned whether a right of appeal against a variation of a ‘stand alone’ ASBO (that is one not made following a criminal conviction) by a magistrates’ court lies to the Crown Court.  Lord Justice Scott Baker held that:

 ‘On the true construction of s.4 of the Crime and Disorder Act 1998, as amended, there is no right of appeal against a decision by the magistrates' court to vary or discharge an ASBO.  The absence of such right of appeal does not amount to a violation of Article 6 of the ECHR.  Accordingly we refuse the application for judicial review.’

Children and young persons

Sarah Jane Collins (By her litigation friend Dorothy Leyden) v Knowsley Metropolitan Borough Council (2008)
At issue was whether Sarah Jane Collins was a ‘looked after child’ within the meaning of section 22 (1) of the Children Act 1989.  Sarah had lived with her stepfather, who had parental responsibility for her, but truanted and spent little time at home.  She lived for 3 months with a friend and then stayed with her boyfriend and his mother, Mrs Leyden.  Sarah’s case worker discussed whether Mrs Leyden was happy for Sarah to continue living with them, which she was.  Consequently, the local authority did not hold a planned meeting to determine Sarah’s future care.  Sarah’s stepfather died.  Mrs Leyden contended that the social worker had visited her after the death of Sarah’s stepfather to ask her to look after Sarah on a long term basis.  The local authority argued that they did not owe a duty to Sarah to provide her with accommodation under section 20 of the Children Act 1989 as she already had somewhere to live.  If a ‘looked after child’, leaving care provisions would apply to Sarah when she reached 18 and Mrs Leyden would be paid a fostering allowance. 

The court held that before the death of Sarah’s stepfather, she had been living with Mrs Leyden as a temporary arrangement.  The social worker played a central role in Sarah staying with Mrs Leyden.  Sarah was a child in need and the council had a duty to provide her with accommodation, and, on the facts, the placement with Mrs Leyden was made under section 23(2) of the Children Act 1989.  From the date of her placement with Mrs Leyden, Sarah was a ‘looked after child’ within the meaning of section 22.  The council had to pay Ms Leyden a fostering allowance until Sarah was 18.

D v Buckinghamshire County Council (2008)
In childcare proceedings, parties have no right to discontinue at will.  The leave of the court is always required to withdraw proceedings and accordingly proceedings are active until the court determines otherwise.  The court had the jurisdiction to make findings of facts, even when there were no live issues  but, for example there may be further applications made in relation to the child or a party to the proceedings may become involved in the life of the other child (for instance if 'grooming' was alleged).

Sandwell Metropolitan Borough Council v (1) GC (2) HC (3) Mr & Mrs X (4) MMC (By the Children’s Guardian) (2008)  

Mrs Justice King gave guidance concerning the application of section 19 of the Adoption and Children Act 2002:

• ‘A child under 6 weeks of age is treated as an exception to the general provisions for  placement under section 18, 19, and 20:

There can be placement of a child for adoption when the baby is still under 6 weeks of age but only if subject to a written agreement.

a) There can be no consent to the making of an adoption order when the child is under 6 weeks of age.

• Consent to placement when the child is under 6 weeks of age cannot be relied upon as a basis for making an adoption order and the court therefore has to be satisfied that the consent should be dispensed with.  Section 47(4)’

TCD v (1) Harrow London Borough Council (2) Worcestershire County Council (3) Birmingham City Council (2008)
The court considered whether proceedings brought by claimant for historic child abuse were statute barred.  On the facts, the court did not exercise the section 33 Limitation Act 1980 discretion to extend the time as the claimant had delayed her action for decades and did not have a realistic prospect of success.  The court was mindful of the serious prejudice to the first defendant caused by the claimant's delay which would have precluded a fair trial.  The court was also mindful of the policy considerations which apply in this area, and the need for legal certainty and finality.

Education

D v (1) Bedfordshire County Council (2) Special Educational Needs & Disability Tribunal (2008)   
Under section 508B of the Education Act 1996, local authorities have a duty to ensure:

“… such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child’s attendance at the relevant educational establishment in relation to him, are made ….”

D, a 15-year-old pupil, suffered from Asperger’s Syndrome.  He was transported to and from school in a small bus with several other students.  D wished to participate in some of the after school activities and his parents asked if transport could be provided to allow D to join in the after school activities.  In practice, this would have entailed the local authority providing D with a taxi to return home in, which they refused to do.  The Special Educational Needs and Disability Tribunal held that the provision of transport was an ‘auxiliary aid or service’ and therefore was within the exception to the reasonable adjustment duties in s28C(2)(b) of the Disability Discrimination Act 1995.

Sir George Newman held:

‘In my judgment, it is plainly wrong that “the provision of transport”, which is a

function of an LEA pursuant to section 508B of the 1996 Act, “is an auxiliary aid and service”.’

The case was remitted back to The Special Educational Needs and Disability Tribunal.

G (a minor proceeding through his mother and litigation friend) v Independent Appeal Panel by Bexley London Borough Council (2008)
When considering whether a pupil should be permanently excluded from school, ministerial guidance determined that the panel had to ascertain whether what the child had done constituted serious actual violence within the guidance.  Part of this required consideration of the force used to hurl the projectile at the teacher.  Intentional targeting of a victim was part of the guidance so the Panel had been correct to investigate this.  On the facts, the Panel had not made an irrational or unreasonable decision when excluding the pupil permanently.

Elections

Norman Scarth v Mohammed Amin and Anthony Reeves (2008)
Mr Scarth was a candidate at a local government election in Bradford, Mr Amin was the successful candidate and Mr Reeves was the Council’s Chief Executive and the Returning Officer.  Mr Scarth issued an election petition.  He left a copy at the Council’s reception desk, by way of service on Mr Reeves.  Mr Reeves sought an order to strike it out on the grounds that it was defective because (1) it did not state the votes for each candidate (2) service required personal delivery to Mr Reeves (2) security for costs was not given by sending a cheque to the court in anticipation of an order, and not before service had been effected.  The Court rejected the strike-out application.  The Election Petition Rules 1960 did not contain an absolute requirement to state the number of votes, service in this manner on a RO who was not acting in a purely personal capacity was adequate, and the security for costs requirements had been met.

Employment

Mr M Ali v Birmingham City Council (2008) EAT (Silber J) 27/10/2008
Mr Ali was employed by the Council as a data entry clerk.  On the 25^th April 2007 Mr Ali gave in a hand written letter of resignation, which he later sought to withdraw.  He brought a claim for unfair dismissal but the Employment Tribunal held he had resigned.  Mr Ali was given a 30-minute ‘cooling off’ period to reconsider his decision immediately after he had given his letter in.  At the end of this period he confirmed he was resigning.  Several days later, Mr Ali emailed to cancel his resignation.  In Sovereign House Security Services Ltd v Savage [1989] IRLR 115 it was stated:

‘7. In my opinion, generally speaking, where unambiguous words of resignation are used by an employee to the employer direct or by an intermediary and are so understood by the employer, the proper conclusion of fact is that the employee has in truth resigned.  In my view tribunals should not be astute to find otherwise”…However, in some cases there may be something in the context of the exchange between the employer and the employee or, in the circumstances of the employee him or herself, to entitle the Tribunal of fact to conclude that notwithstanding the appearances there was no real resignation despite what might appear to be at first sight.’

Mr Ali’s case was not akin to Savage and therefore the Employment Tribunal was correct to hold that the resignation was valid. 

Mohamed Barry v Southwark London Borough Council (2008)
The appellant was a Dutch citizen who had been employed in Britain.  He then lost his job but a month later was employed for two weeks as a steward at Wimbledon.  He was then unemployed for a further five months, ending in the appellant being involved in a serious road traffic accident which meant he could not work.  He appealed against the ruling by the court that the decision of the local authority that he was ineligible for social housing could not be the subject of judicial review.  The local authority took the view that the appellant could not be classed as a worker, a requirement for social housing.

The Court of Appeal allowed the appeal, noting that Community law gave the term 'worker' a wide interpretation.  The appellants employment at Wimbledon conferred upon him the status of worker.  The decision of the local authority that the appellant had been unemployed for more than six months prior to the road accident was wrong in law and their decision was set aside. 

Housing

BasraBoreh v Ealing London Borough Council (2008)
Mrs Boreh, a 66-year-old wheelchair user, became unintentionally homeless.  Under section 193(2) of the Housing Act 1996 the local authority had a duty to ‘secure that accommodation is available for occupation by’ Mrs Boreh.  Mrs Boreh was offered a house, which she declined on the basis that the house was unsuitable.  The local authority therefore made a decision that as Mrs Boreh refused to accept the house, they were not under a continuing duty to re-house her, section 193(5) Housing Act 1996.  Mrs Boreh requested a review of the authority’s decision, which was upheld.  The county court dismissed Mrs Boreh’s appeal, and she was given limited permission by Lloyd LJ.  The house offered by the authority had a step at the front door, and no ramp. 

Lord Justice Rimmer stated:

‘[w]hilst I record that we had no argument from either side to the contrary effect, I would respectfully agree with the Recorder that the suitability of offered accommodation is not to be judged exclusively by reference to the condition of the accommodation at the time of the offer, but that the assessment of its suitability can and should also take into account any adaptations or alterations that are, at that time, proposed to be made.  I would, however, qualify that by saying that I consider that any such proposals would have to be the subject of assurances that the applicant could fairly regard as certain, binding and enforceable.’

However, the Recorder had erred by taking into account potential adaptations which were suggested right up until the time of the review of the decision.  The fact that Mrs Boreh could access the house via a side alleyway and a back door did not negate the need for a ramp at the front door.  Mrs Boreh’s appeal was allowed, and the declaration was substituted to the effect that ‘Ealing’s offer of the house to Mrs Boreh was not an offer of suitable accommodation and that Ealing has not been discharged from its duty towards Mrs Boreh under section 193.’

Fazia Ali (Appellant) v Birmingham City Council (Respondent) & Secretary of State for Communities & Local Government (Interested Party) : Khadra Inrahim (Appellant) v Birmingham City Council (Respondent) & Secretary of State for Communities & Local Government  (Interested Party) : Emma Louise Tomlinson (Appellant) v Birmingham City Council  (Respondent) (2008)
As Lord Justice Thomas concisely summarised:

‘Under Part VII of the Housing Act 1996, Birmingham City Council as a housing authority determined it had discharged its duty to two homeless persons on the grounds they had declined suitable accommodation.  On review by the authority’s reviewing officer under s.202 of the Act the decisions were upheld on grounds which included findings in each case that the homeless persons had received a letter giving the appropriate statutory notice under s.193.  Each appealed to the County Court under s.204 which provides for an appeal on a point of law; that right of appeal is in substance the same as the jurisdiction of the High Court on judicial review.  The appellants sought to challenge the finding that they had received the letter containing the statutory notice on the grounds that the reviewing officer had been wrong to find as a fact that they had received the letter.

The House of Lords in Begum v Tower Hamlets London Borough Council [2003] UKHL 5 ([2003] 2 AC 430) held that a review by a reviewing officer and an appeal by way of judicial review was compatible with Article 6(1) of the European Convention on Human Rights.  As Lord Justice Thomas summarised:

‘The question on these appeals is whether the decision in Runa Begum applies to a determination where the sole issue for the reviewing officer is a simple issue of primary fact as distinct from an issue of fact where the reviewing officer has to use specialist knowledge or have regard to policy considerations (such as those that arise on the question of the suitability of the offered accommodation) – the situation in Runa Begum.  The contention advanced is that it does not apply and that there must be a full right of appeal to the court on that issue of fact.  It is also contended that the subsequent decision of the Strasbourg Court in Tsfayo v The United Kingdom [2006] ECHR 60860/00 [2007] LGR 1 makes it clear that a determination by a housing authority of such an issue is not compliant because it is not an independent and impartial tribunal as required by Article 6.1 of the European Convention on Human Rights; that therefore a right of appeal must lie to the court if the legislation is to be compliant with Article 6.1.’

The distinction advanced would be difficult to draw in practice.  Lord Justice Thomas noted:

‘even if the decision in Runa Begum did not cover the precise point in issue, it would not be right for this court to draw a distinction between different types of fact finding in a scheme so recently considered by the House of Lords.  If distinctions are to be drawn, particularly where it is argued that it is akin to counting angels on the tip of pin, then they should be drawn by the House of Lords in a reconsideration of the approach to be taken to the scheme as a whole.

Muhubo Mohammed Muse v Brent London Borough Council (2008)
A local authority had complied with section 193 of the Housing Act 1996 where if had offered the claimant and his family alternative accommodation as they had outgrown the accommodation they were in.  The claimant repeatedly refused the offer of alternative accommodation and the council did not have to give the claimant the choice of staying in the current accommodation or accepting the new accommodation.  However, the council did not have the legal right to instruct the claimant's landlord to obtain a court order for possession; it should have informed the landlord that the housing duty was discharged and housing benefit would consequently be paid at a lower rate.  It was then for the landlord to consider their position. 

R (on the application of Natasha Gargett) v Lambeth London Borough Council (2008)
The Discretionary Financial Assistance Regulation 2001 did not limit the operation of a local authority's discretion to make payments for past housing costs (arrears) on the basis that an applicant was receiving full housing benefit.

Licensing

R (on the application of Newcastle City Council) (Claimant) v Berwick-upon-Tweed Borough Council (Defendant) & (1) For & on behalf of Berwick Borough Taxi Association (First Interested Party) (2) Ian Gordon Shanks, Paul Thomas Shanks & Jane Bell (T/A Blue Line Taxis) (Second Interested Party) (2008)
Newcastle had limited the number of hackney carriage licences issued as it was satisfied that there was no significant unmet demand within the city.  Berwick continued to issue licences, even though the proprietor did not live in their area, and a large number of private hire operators licensed by Berwick took pre-booked fares in Newcastle.  Newcastle had no control over them.  Newcastle challenged Berwick’s decision, which was based on its understanding that it was not open to it to refuse to issue licences unless either the vehicle or the proprietor were unfit.  The Court held that, under the Town Police Clauses Act 1847, Berwick had a discretion to refuse to issue licences to those who had no intention of exercising their right to ply for hire in Berwick’s' area, or to those who intended to use the vehicle predominantly in a remote area.  However, Newcastle was not entitled to prosecute, under section 46 of the Local Government (Miscellaneous Provisions) Act 1976, those using hackney carriages to fulfil pre-booked hirings in its area.

Planning

(1) Breckland District Council (2) South Norfolk District Council (3) Borough Council of King's Lynn v Boundary Committee (2008)
The local authorities applied for judicial review of proposals for reorganisation of local government into a unitary authority by the BC.  They argued that BC had unlawfully failed (1) in its duty to consult imposed by section 6 of the Local Government and Public Involvement in Health Act 2007 (2) to consider the affordability of its proposal and (3) to compare the proposal with the existing two-tier structure.  The Court held that affordability was a relevant consideration, but comparison with two-tier was not.  The BC had started consultation on the relevant matters.  It had not allowed enough time for consultees to respond, but that could still be cured.  Therefore the application was premature and would not be allowed.

Cocktails Ltd v Secretary of State for Communities & Local Government (2008)
Cleveland Council had granted planning permission for use of a site as a franchised motor dealership, and used it as a dealership and workshop.  Cocktails began to use it as a sex shop, and applied for a certificate of lawful use on the basis that the use remained within Class A1 (retail).  On appeal, the planning inspector held that the workshop was there to provide a separate use, which was not subordinate to the business, and was not ancillary to retail sales.  He held that the original permission therefore authorised mixed use vehicle sales and workshop, and that express planning permission was required for the purely retail use.  The Court of Appeal decided that, on the interpretation of the permission in the circumstances, the inspector was entitled to have come to this conclusion.

Escott v Secretary of State for Communities & Local Government (2008)
Permission had been granted for B1 industrial use of Mr and Mrs Escott’s site.  The Council then issued an enforcement notice requiring that noise from the site should not exceed a certain level.  The terms of the notice were such that breaching it would be unavoidable.  Mr Escott’s company was convicted for breaching the notice, but, in the Crown Court, the judge said that the notice set noise levels which were unrealistic and impossible to achieve, and this was conceded by a Council witness for the local authority.  The Council indicated that it would not seek to enforce the notice unless the noise reached a significantly higher level, but refused to withdraw the notice.  Mr and Mrs Escott then applied for planning permission to build three houses on the site.  The Council refused the application and the refusal was upheld on appeal.  Mr and Mrs Escott, who appeared in person, appealed against that decision.  Although the Court criticised the Council’s decision not to withdraw the notice, and recognised that it had blighted the land, it refused to quash the inspector’s decision as he had not erred in law.

Gass v Secretary of State for Communities & Local Government (2008)
Mr Gass applied for planning permission to run a paintballing enterprise in the green belt.  The application was refused by an inspector or appeal.  Mr Gass appealed against the decision on two grounds.  (1) He argued that the inspector’s finding that the track to the site was not a “private way” for the purposes of the GPDO was based on a mistake about when a metal barrier has been placed across it.  The Court held that he would have come to the same conclusion in any event.  (2)  The inspector considered PPG 2 paragraph 1.6, which provided that one of the objectives of the use of green belt land was "to provide opportunities for outdoor sport and outdoor recreation near urban areas", but found that the proposal did not fulfil the second part of the paragraph as the site was not near an urban area.  Mr Gass argued that he had misinterpreted, and misapplied, this guidance.  The Court held that the inspector was entitled to have interpreted paragraph 1.6 in this way, and to have come to the conclusion that the site was not “near” an urban area because access was difficult.

Hague v Warwick District Council (2008)
This was a dispute about whether a planning inspector should have included an area of land within the green belt.  The land was bounded on two sides by residential development and on the third by a hedgerow.  Previously, the hedgerow had marked the green belt boundary, but the inspector thought that had been an anomaly, based on administrative boundaries.  The Court quashed the decision, holding that the green belt boundary should only be altered in exceptional circumstances, and there was no evidence to support the inspector’s conclusion that the original boundary had been a mistake.

R (on the application of (1) Peter Charles Boggis (2) Easton Bavents Conservation) v Natural England & Waveney District Council (2008)
The claimants applied for judicial review of the decision of Natural England to declare a section of coastline a SSSI.  The effect of the decision was to prevent the claimants maintaining sea defences to protect their properties.  They argued (1) the decision was outwith section 28 of the Wildlife and Countryside Act 1981 because (a) the exposure of a cliff face through erosion by the sea was not a “geological feature” (b) the designation had been on the basis of the land’s future, as opposed to its current, scientific interest (c) NE was seeking to destroy, rather than conserve, the geological features of the cliff face (2) the designation of the SSSI was a "plan or project" so NE had been obliged to consider the need for, or to carry out an environmental assessment of the implications.  The Court rejected the first argument but upheld the second, in relation to part of the land.

Sb Herba Foods Ltd v (1) Secretary of State for Communities & Local Government (2) South Cambridgeshire District Council (2008)
An inspector had refused planning permission on appeal for a factory extension into the green belt.  The developer argued that the inspector had failed to demonstrate that he had had the correct question in mind when considering whether "very special circumstances" existed that outweighed the harm to the green belt resulting from "inappropriateness and any other harm".  The Court held that the inspector should have first determined whether the circumstances outweighed the harm to the green belt, then considered whether they were “very special”.  He had looked for something “very special” or “unusual” first, and so it was impossible to disentangle his reasoning.  The decision was quashed.

Small v North Somerset Council (2008)
Mr Small asked the Court to quash the Council’s adopted local plan or, alternatively, to quash its policy in relation to the provision of gypsy sites.  The policy set out criteria for the location of such sites but did not identify suitable locations for gypsy sites.  Mr Small argued that this was contrary to the advice of the panel which had conducted the examination in public into the structure plan.  They had recommended a structure plan policy requiring local plans to identify suitable locations for gypsy and traveller sites.  The local plan inspector referred to the urgent need to address the accommodation of gypsy and traveller families, stated that he had no information to establish whether an assessment of demand had been carried out and recommended that the Council should carry out an assessment and produce a development plan document to allocate any sites needed as soon as possible.  However, in the absence of any reliable assessment, he was unable to recommend a specific number of additional sites, much less particular locations.  The Court held that inspector's recommendations were a reasonable solution, there was no basis on which to quash either the local plan or the policy, and, even if there were, the court, as a matter of discretion, would decline to grant relief because it would leave a policy vacuum.

Transport for London v Spirerose Ltd (2008)
TfL had acquired industrial premises from Spirerose under a CPO.  Spirerose sought compensation based on the development value of the land, arguing that planning permission for mixed-use development of the premises would have been granted.  TfL argued that there was no certainty that permission would have been granted and that compensation should be assessed on the basis of hope value only.  The Lands Tribunal agreed with Spirerose.  The Court of Appeal held, applying the Pointe Gourde principle, and distinguishing Porter v Secretary of State for Transport, that on policy grounds the Lands Tribunal decision should be upheld.

Legislation in November and December

• Adults

• Children and Young Persons

• Climate change

• Education

• Elections

• Employment

• Energy

• Housing

• Local government

• Planning

• Rating

• Stamp duty

• Tribunals

• Transport and Highways

 

Adults

The Mental Health Act 2007 (Commencement No.9) Order 2008 SI 2008/2788
This Order is the ninth commencement order made under the Mental Health Act 2007(c.12) and brings into force the provisions set out in article 2 on 28th October 2008.  These provisions amend section 88 of the Mental Health Act 1983, so that that section only applies to the return from Northern Ireland of patients absent from hospitals in England and Wales, and make related repeals and revocations.  Provisions about the return of patients from Scotland, the Isle of Man and the Channel Islands are now to be found in the legislation of the jurisdiction in question.

The Mental Health Act 2007 (Consequential Amendments) Order 2008 SI 2008/2828
The purpose of this Order is to make amendments to certain Acts and Statutory Instruments as a consequence of the enactment of the Mental Health Act 2007.

Children and young persons

The Allocation and Transfer of Proceedings Order 2008 SI 2008/2836
This Order provides for the allocation and transfer of certain proceedings concerning children and proceedings under Part 4 and 4A of the Family Law Act 1996 between the High Court, county courts and magistrates' courts.

The Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2008 SI 2008/3071
These Regulations amend the Childcare (Provision of Information About Young Children) (England) Regulations 2008 (S.I. 2008/1722). Regulation 4(3) requires providers of early years provision who are exempt from registration under section 34(2) of the Childcare Act 2006 (provision for children aged 3 or over at certain schools) to supply the information set out in Part 1 of the Schedule to the local authority in whose area the funded early years provision is provided.  The providers who are exempt from registration are those providing childcare for children from age 3 to the 1^st September following their fifth birthday at a maintained school, non-maintained special school or an independent school, where that provision is made by the school and one or more pupils attend it.

These Regulations amend Regulation 4(3) so that these schools are also required to provide the information contained in paragraph 10 of Part 2 of the Schedule which is the number of hours of funded early years provision that each child receives per week.

The Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (England) Regulations 2008 SI 2008/2940
These Regulations make provision enabling financial assistance to be paid in respect of an individual ordered or directed to undertake an activity that promotes contact with a child.

The Children and Adoption Act 2006 (Commencement No.3) Order 2008 SI 2008/2870 (C.127)
This Order is the third Commencement Order made by the Secretary of State for Children, Schools and Families under the Children and Adoption Act 2006.

Children and Young Persons Act 2008
The Act:

• enables local authorities to delegate local authority functions in relation to looked after children to providers of social work services and for their regulation and registration under the Care Standards Act 2000
• places a general duty on the Secretary of State to promote the well-being of children in England
• makes provision for the accommodation and maintenance of children who are looked after and provides powers to make further provision in relation to the placement of looked after children by regulation, including a new power to create a mechanism for the independent review of decisions by fostering service providers that a prospective or existing foster parent is not suitable to foster (similar to that which currently exists for prospective adopters)
• requires local authorities to take steps to secure sufficient accommodation in their area that is appropriate for the needs of children they look after;
• amends the duties of local authorities in relation to the appointment of independent reviewing officers (IROs); adds to their functions, and provides for a new national IRO service independent of local authorities
• places a new duty on local authorities to appoint a representative to visit all looked after children, wherever they are living and provides a power to extend the duty to other groups of children who were looked after but have ceased to be so;
• extends the duty on local authorities to appoint an independent person to visit, befriend and advise any looked after child if doing so is in the child's interests
• places a duty on governing bodies of maintained schools to designate a member of staff as having responsibility for promoting the educational achievement of registered pupils at the school who are looked after;
• extends the duty on local authorities to appoint a personal adviser and keep the pathway plan under regular review to young people who are former relevant children (i.e. care leavers who are over 18) and who start or resume a programme of education or training after the age of 21 but under the age of 25 years
• requires local authorities to pay a bursary to a former relevant child who goes on to Higher Education
• extends the powers of local authorities to make cash payments to children in need and their families
• adds the provision of short breaks for those who care for disabled children and services to support family contact for children who are provided with accommodation under health or education legislation to the range of services that local authorities must provide for children and their families
•  makes provision to enable registration authorities to issue compliance notices to children's home providers who are failing to meet required standards and to serve a notice preventing new admissions to establishments where this is deemed appropriate;
• repeals section 45(9) of the 1989 Act to remove the 72-hour moratorium on the court's powers to hear an application to discharge an Emergency Protection Order
• places a duty on registrars of births and deaths to notify Local Safeguarding Children Boards of the particulars of the death of a child and gives the Registrar General power to supply information about the deceased child to the appropriate national authority for research purposes
• extends the powers of the Secretary of State to carry out research on the functions of local authorities to functions added under recent legislation, in particular the Adoption and Children Act 2002, the Children Act 2004 and the Children and Young Persons Act 2008;
• extends the period within which a registration scheme may be established for private fostering by three years
• extends the rights of relatives who are entitled to apply for a residence order or special guardianship order without leave of the court to those with whom the child has lived for a continuous period of one year; and ensures that where a court makes a residence order the order will normally continue until the child reaches the age of 18.

The Disqualification from Caring for Children (Wales) (Amendment) Regulations 2008
SI 2008/2691
These Regulations amend the Disqualification from Caring for Children (Wales) Regulations 2004.

The 2004 Regulations make provision for the circumstances in which a person is disqualified from fostering a child privately and set out the categories of persons who are disqualified from registering in Wales as child minders or providers of day care.  The categories of persons so disqualified under the 2004 Regulations include a person convicted of offences specified in the Schedule to the 2004 Regulations except where that person has appealed against their disqualification order and the appeal body has determined that the person is no longer to be subject to the disqualification order.  Under the 2004 Regulations appeals against disqualification orders were made to the Tribunal established by section 9 of the Protection of Children Act 1999.

The Family Proceedings (Amendment) (No.2) Rules 2008 SI Number: 2008/2861 (L.25)
These Rules amend the Family Proceedings Rules 1991.

The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008 SI 2008/2858 L.23
These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991.

The Family Proceedings Fees (Amendment) Order 2008 SI 2008/2856 (L.22)
This Order amends the Family Proceedings Fees Order 2008 to take account of the coming into force of sections 1 to 5 and 8 of the Children and Adoption Act 2006, the Forced Marriage (Civil Protection) Act 2007 and the Welfare Reform Act 2007.  The 2006 Act inserts new provisions into the Children Act 1989, and this Order makes provision for those applications by inserting new fees into fee 2.1.  The Forced Marriage (Civil Protection) Act 2007 inserts a new application into the Family Law Act 1996, which is provided for by an amendment to fee 1.3.  The Welfare Reform Act 2007 introduces a new benefit, income-related employment and support allowance.  This Order inserts the benefit into the list of qualifying benefits in Schedule 2 (which deals with fee remission).

The Suspension of Day Care Providers and Child Minders (Wales) (Amendment) Regulations 2008 SI 2008/2689 (W.238)
These Regulations amend the Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004 which set out the circumstances in which a person registered as a child minder or provider of day care may have their registration suspended and allows for a right of appeal against suspension.

The Tax Credits (Approval of Child Care Providers) (Wales) (Amendment) Scheme 2008 SI 2008/2687 (W.237)
This instrument amends the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007, which provides for the approval of child care providers for the purposes of section 12(5) of the Tax Credits Act 2002.  In particular, it provides for the operation of a system for the determination of applications for approval and a right to appeal against a refusal or withdrawal of approval.

Climate change

Climate Change Act 2008
The Act sets up a framework for the UK to achieve its long-term goals of reducing greenhouse gas emissions and to ensure steps are taken towards adapting to the impact of climate change.  Its main elements are as follows:

• Setting emissions reduction targets in statute and carbon budgeting.
• A new reporting framework.  The Act provides for a system of annual reporting by the Government on the UK's greenhouse gas emissions.
• The creation of an independent advisory body, "the Committee on Climate Change", to advise the Government and devolved administrations on how to reduce emissions over time and across the economy..
• Trading scheme powers.
• Adaptation: a procedure for assessing the risks of the impact of climate change for the UK, and a requirement on the Government to develop an adaptation programme
• Policy measures which reduce emissions:
• amendments to improve the operation of the Renewable Transport Fuel Obligations
• power to introduce charges for single use carrier bags
• power to pilot local authority incentive schemes to encourage household waste minimisation and recycling
• amendments relating to the Certified Emissions Reductions Scheme
• powers and duties relating to the reporting of emissions by companies and other persons
• a duty to make annual reports on the efficiency and contribution to sustainability of buildings on the civil estate.

Education

Education and Skills Act 2008
Duty to participate in education or training: England

• Places a duty on young people to participate in education or training until the age of 18 (or until attaining a level 3 qualification if earlier)
• Requires local education authorities to promote the effective participation of young people in their areas who are subject to the duty to participate
• Allows for the sharing of information
• Duties on employers to enable young people who are their employees to participate
• A local education authority may issue a parenting contract or order to a parent of a young person who is failing to fulfil the duty to participate
• Local education authorities to issue attendance notices to young people who are not participating and to set up independent attendance panels to monitor the ensuing enforcement process and provide a mechanism for appeal;

Support for participation in education or training: Young adults with learning difficulties and young people in England

• Places a duty on local education authorities to provide support services to young people to be known as Connexions.  Connexions services are currently provided under a power available to the Secretary of State in section 114 of the Learning and Skills Act 2000;
• Places a duty on local education authorities to arrange for an assessment of a person with a statement of special educational needs at some time during the person's last year of schooling where the local education authority believes that person will leave school at the end of their last year of compulsory schooling or at some time during their current school year to receive post-16 education or training or higher education.
• Confers a power on local education authorities to arrange for an assessment where a person is in his or her last year of compulsory schooling or is over compulsory school age but under 25 years old, where he or she appears to the authority to have a learning difficulty and is likely to receive post-16 education or training or higher education
• Amends the requirements on maintained secondary schools in England to require them to present careers information in an impartial manner and to provide careers advice which is in the best interests of the pupils
• Makes explicit the duty on the Learning and Skills Council (LSC) to secure provision of proper facilities for apprenticeships for 16 to 18 year olds, and requires that the LSC secures provision of reasonable facilities for apprenticeships for those aged 19 and over;
• Introduces a requirement on local education authorities to have regard to journey times in preparing their transport statements for people of sixth form age to attend educational establishments
• Requires local education authorities to co-operate with partners who are responsible for 14-19 education and training

Adult skills

• Places a duty on the LSC to secure the provision of proper facilities for education and training to enable adults to obtain a specified qualification at levels of attainment identified in the Leitch Review of Skills
• Places a duty on the LSC to ensure that learners will not be liable to pay fees for courses of study provided as a result of the duty to secure proper provision
• Places a duty on the LSC to ensure the provision of sufficient financial resources for the purpose of paying tuition fees for people between 19 and 25 years old to attain their first level 3 qualification
• Allows the Secretary of State, the devolved administrations and the Commissioners of Revenue and Customs to share information on tax and employment and benefit and training information for defined assessment functions.

Regulation and inspection of independent educational provision in England

• Creates a new category of independent educational institution to which the regulatory regime for independent schools in England is extended.  That regime (currently in the Education Act 2002) is restated with changes.
• Enables the Secretary of State to appoint an independent inspectorate to carry out inspections of registered independent educational institutions and requires the Chief Inspector to prepare a report about independent inspectorates.
• Provides the Secretary of State with the power to require an action plan from a proprietor of an independent educational institution where the standards are not being met;
• Provides a power for the Secretary of State to apply to a JP to impose an immediate restriction on an independent educational institution in an emergency where there is significant risk of harm to a student at the institution.
• Enables regulations to apply any provisions of the regime for the regulation of independent educational institutions to independent post-16 colleges
• Provides a right for sixth-form pupils in non-maintained special schools to opt out of religious worship;
• Provides for regulations under which the Secretary of State could apply to a JP for an order to withdraw approval from a non-maintained special school in an emergency where there is significant risk of harm to a pupil at the institution;
• Amends section 347 of the Education Act 1996 which requires the Secretary of State to approve independent schools for the placement by local education authorities of pupils with statements of special educational needs, and to give his consent for the placement of such pupils in "non-approved" independent schools.  The amendments alter the section so that the approval and consent for which it provides are only necessary for schools in Wales (where they are given by the Welsh Ministers).

Miscellaneous and general

• Devolves additional powers to the Welsh Assembly in the field of education and training
• Amends the School Standards and Framework Act 1998 to give young people the right to express a preference as to the school at which they wish to receive sixth form education, and also to appeal against a decision to refuse them a place at that school]
• Places a new duty on local education authorities to produce an annual report to the Schools Adjudicator on school admission arrangements in their areas, and requires the Schools Adjudicator to consider and act on any unlawful admission arrangements which come to his attention
• Creates a power for governing bodies of maintained schools in England to direct pupils to learn outside the school premises to receive provision to improve their behaviour
• Extends the circumstances in which parents may be prosecuted for failure to ensure that their child attends school regularly, where a governing body has directed that child to learn offsite
• Requires maintained schools and local authorities to implement National Curriculum assessment arrangements as they exist at a given time, rather than as they exist at the start of the school year
• Requires maintained school governing bodies to invite and consider pupils' views on matters set out in regulations;
• Amends the Learning and Skills Act 2000 to remove the requirement for the Secretary of State or Welsh Ministers to give consent to all decisions of a designated body to approve qualifications as eligible to receive public funding;
• Creates additional functions for the QCA or Welsh Ministers to recognise bodies that wish to award or authenticate qualifications
• Removes the legislative requirement for the Chief Inspector to notify providers of initial teacher training in England eight weeks before an inspection
• Enables regulations to require schools forums to include non-schools representatives amongst their members.

The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2008 SI 2008/3072

These Regulations amend the Education (Information About Individual Pupils) (England) Regulations 2006 (S.I. 2006/2601), as amended.  The effect of the amendment is that schools maintained by a local education authority are required to provide additional information to that authority, and non-maintained special schools, city technology colleges, city colleges for the technology of the arts and Academies are required to provide additional information to the Secretary of State.  The additional information required to be provided is the pupil's unique learner number, where known by the school.

The National Child Measurement Programme Regulations 2008 SI 2008/3080
These Regulations which apply only to England are made under the National Health Service Act 2006.  They provide for the functions of the Secretary of State under paragraph 7A(1) and (2) of the Act, to make arrangements with local education authorities and proprietors of independent schools to provide for the weighing and measuring of children in schools, to be exercisable by Primary Care Trusts.  The Regulations make provision for the gathering and further processing of information under the National Child Measurement Programme (NCMP) (an annual programme under which Primary Care Trusts weigh and measure children in schools).

Elections

The European Parliamentary Elections (Appointed Day of Poll) Order 2008 SI 2008/3102
The Order appoints 4th June 2009 as the day of the poll for the next general election of Members of the European Parliament.

Employment

The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations 2008 SI 2008/2776
These Regulations amend the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 ("the 2002 Regulations").

Regulation 2 of these Regulations substitutes a new paragraph (1) in regulation 19 of the 2002 Regulations.  The effect of the substituted paragraph is that paragraphs 2(b) and 4 of Schedule 11 to the Social Security Contributions and Benefits Act 1992 (circumstances in which periods of entitlement to Statutory Sick Pay do not arise) are omitted in relation to employment under a fixed-term contract where the employee is an agency worker.

Employment Act 2008

The Act :

• Changes the law relating to dispute resolution in the workplace.
• Makes changes to the enforcement of the national minimum wage (NMW).
• Clarifies that CFAVs do not qualify for the NMW and broadens the type of expenses that can be reimbursed to voluntary workers without triggering eligibility for the NMW.
• Amend the employment agency standards enforcement regime.
• Allows officers appointed under the NMWA 1998 and officers appointed under the EAA 1973 to share information with each other.
• Amends trade union membership law to ensure UK compliance with the ruling of the European Court of Human Rights on Aslef v UK.

Energy

Energy Act 2008
The Act implements two white papers and covers the following main areas: offshore gas infrastructure, carbon dioxide storage, Renewables Obligation, feed-in tariffs for small scale low carbon electricity generation, renewable heat incentives, decommissioning of energy installations (nuclear, offshore renewables, and offshore oil & gas), offshore transmission, smart meters.

Housing

The Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2008 SI 2008/2824
These Regulations amend the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

With regard only to the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, these Regulations make amendments so as to change the form in which housing benefit is paid to persons living in caravans or mobile homes on rented sites, or houseboats in certain circumstances, and to make new provision with respect to gypsies and travellers.

The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 SI 2008/2839
This Order transfers certain functions of the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing or both and makes consequential modifications to reflect that transfer.

Local Government

The Case Tribunals (England) Regulations 2008 SI 2008/2938
These make provision regarding the sanctions available to a case tribunal of the Adjudication Panel for England where it has decided that a member etc of a local authority has failed to comply with an authority’s code of conduct and that a sanction should be imposed.  The Regulations also make provision as to the content and effect of notices served on local authority standards committees by a case tribunal, and the circumstances in which a reference of a matter by an ethical standards officer of the Standards Board for England to the president of the Adjudication Panel may be withdrawn, and the procedure for doing so.

The Local Authorities (Functions and Responsibilities) (England) (Amendment No.3) Regulations 2008 SI 2008/2787
These Regulations amend the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 ("the 2000 Regulations").  They apply in relation to local authorities in England.

Part 2 of the Local Government Act 2000 ("the 2000 Act") provides for the discharge of a local authority's functions by an executive of the authority, unless those functions are specified as functions that are not to be the responsibility of the authority's executive.

Regulation 2 of, and Schedule 1 to, the 2000 Regulations are concerned with functions that are not to be the responsibility of the executive.

Section 48(6) of the 2000 Act already provides for functions relating to changing governance arrangements under Part 2 of that Act to not be the responsibility of the executive.  Changes subsequently made by S.I. 2008/516 to the 2000 Regulations to specify these functions in regulation 2 of, and paragraph EA of Schedule 1 to, the 2000 Regulations were therefore unnecessary.  Regulations 3, 5 and 7 of these Regulations revoke the references to these functions in the 2000 Regulations.

Regulations 4 and 6 of these Regulations make other changes to Schedule 1 to the 2000 Regulations.  Regulation 4 inserts into paragraph B a new item specifying functions under Part 1 of the Commons Act 2006 and under the Commons Registration (England) Regulations 2008.  Regulation 6 inserts into paragraph I new items specifying functions under sections 41 and 45 of the Commons Act 2006.  The effect of these amendments is that none of these functions are to be the responsibility of the executive.

The Local Authorities (Elected Mayors) (England) Regulations 2008 SI 2008/3112
Section 39(5B) of the Local Government Act 2000 provides for regulations specifying, for the purposes of certain enactments, that an elected mayor of an authority in England is to be treated as a member or councillor of that authority.  These Regulations are made under section 39(5B) in relation to enactments relating to Integrated Transport Authorities.

The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 SI 2008/2840

• Removes from the Cancer Act 1939 the requirement for English and Welsh local authorities to obtain the Attorney General's consent before instituting prosecutions for publishing certain advertisements concerning cancer treatment, to make clear that they have a discretion on whether or not to prosecute rather than a duty; and to remove an anomaly whereby s4(7) of the 1939 Act did not apply to Metropolitan district councils in England.
• Removes the need for a local authority to obtain the Secretary of State’s or the Welsh Ministers’ approval to a resolution applying section 171(4) of the Public Health Act 1875 to its area so that it can amalgamate taxi licensing zones in its area.
• Removes the requirement that action under the Local Government (Overseas Assistance)  Act 1993 is subject to consent from the Secretary of State
• Removes the requirement on local education authorities under Schedule 1 to the Education Act to seek the Secretary of State’s or the Welsh Ministers' approval with regard to their arrangements for the consideration and disposal of any complaint that the local authority, or teacher in charge of the Pupil Referral Unit, have acted unreasonably etc.

The Local Government Pension Scheme (Amendment) (No.2) Regulations 2008 SI 2008/2989
The regulations amend the Local Government Pension Scheme (Administration) Regulations 2008 to ensure pension continuity for staff transferring from the Housing Corporation to either the Homes and Communities Agency or the Regulator of Social Housing.  The regulations also contain provisions to ensure the prudent recovery of the ongoing pension deficit and matters relating to LGPS admission agreements that the Westminster City Council

Pension Fund can make with the Homes and Communities Agency and the Regulator of Social Housing.

The Local Government and Public Involvement in Health Act 2007 (Commencement No. 8) Order 2008 SI 2008/3110
The following provisions of the Act came into force on 12th December 2008

• Overview and scrutiny : section 119 (reference of matter by councillor to overview and scrutiny committee), for the purpose only of conferring power on the Secretary of State to make an order specifying what is an excluded matter, section 125 (guidance)
• Ethical standards: section 192 (ethical standards officers: reports etc), in so far as it is not already in force; section 197 (interim case tribunals); section 198 (case tribunals: England), in so far as it is not already in force; section 199 (case tribunals: Wales);
• section 219 (establishment of the Valuation tribunal), in so far as it relates to so much of paragraphs 1 and 2 of Schedule 15 as relate to paragraph A3 of Schedule 11 to the Local Government Finance Act 1988
• section 236 (exercise of functions by local councillors in England), in so far as it confers power for the Secretary of State to make an order and section 237 (exercise of functions under section 236: records).

The following provisions came into force on 31st December 2008—

• section 77 (extension of power to certain parish councils), in so far as it is not already in force
• section 78 (community strategies)
• Schedule 5 (parishes: further amendments), in so far as it is not already in force.

The following provisions will come into force on 1st April 2009—

• Overview and scrutiny: section 119 (reference of matter by councillor to overview and scrutiny committee), in so far as it is not already in force; section 120 (power of overview and scrutiny committee to question members of authority); section 121 (power to require information from partner authorities); section 122 (overview and scrutiny committees: reports and recommendations);  section 123 (joint overview and scrutiny committees: local improvement targets);  section 124 (overview and scrutiny committees of district councils: local improvement targets); section 127 (overview and scrutiny committees: consequential amendments); section 128 (transitional provisions)
• section 236 (exercise of functions by local councillors in England), in so far as it is not already in force.

The following provisions of the Act shall come into force on 1st August 2009—

•  section 145 (Audit Commission: membership); and section 158 (reports categorising English local authorities).

The following provisions of the Act shall come into force on 1st October 2009—

• section 219 (establishment of the Valuation Tribunal for England),section 220 (consequential and transitional provision etc), in so far as it is not already in force; and parts of Schedules 15 and 16.

The Local Government (Structural Changes) (Finance) Regulations 2008 SI 2008/3022
The Regulations make provision in relation to the exercise of functions under the Local Government Finance Act 1988 and the Local Government Finance Act 1992 by restructured authorities.

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 SI 2008/2867
Make transitional arrangements for authorities abolished and created by restructuring relating to make provision relating to the continuity and responsibility for functions; electoral matters; statutory plans etc, membership of licensing and planning committees; planning; education and other miscellaneous matters.

The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 SI 2008/3261
Section 21A(1)(c) of the Local Government Act 2000 (inserted by section 119 of the Local Government and Public Involvement in Health Act 2007) requires the executive arrangements of a local authority in England to include provision enabling those of its members who are not members of the authority’s overview and scrutiny committee to refer to that committee any “local government matter” relevant to the committee’s functions. This Order specifies descriptions of matters that are not to be local government matters for the purposes of section 21A.  A member of an English local authority may not refer to the authority’s overview and scrutiny committee any matter relating to a licensing decision or a planning decision, a matter relating to an individual or entity where there is already a statutory right to a review or appeal (other than the right to complain to the Ombudsman); or a matter which is vexatious, discriminatory or not reasonable to be included on the agenda for, or to be discussed at, a meeting of an overview and scrutiny committee or any of its sub-committees.  However a matter which consists of an allegation of systematic failure of an authority to discharge a function for which the authority is responsible may be referred to an overview and scrutiny committee, notwithstanding the fact that the allegation specifies matters which would otherwise be excluded.

The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 SI 2008/3095
This Order prescribes the conditions to be met by a parish council in to be able to exercise the well-being powers under section 2 of the 2000 Act.  The conditions relate to

• the number of councillors elected at ordinary elections
• the qualifications of the clerk to the parish council
• the number of councillors who have received training in the exercise of the power
• community engagement in relation to the use of that power.

A parish council can be an eligible parish council from the time that it resolves that it has met the prescribed conditions until the day before the day of the next annual meeting of the council to be held in an ordinary year of elections.

The Local Authorities (England) (Charges for Property Searches) Regulations 2008

The Local Authorities (England) (Charges for Property Searches) (Disapplication) Order 2008

SI 2008/2909
The Charges Regulations enable local authorities to charge for the granting of access to property records held by an authority and for answering enquiries about a property. The charges for access must be no more than the cost to the local authority of granting access. The charges for answering enquiries must have regard to the costs to the local authority in answering.  They also provide for the annual publication of information setting out how charges are calculated and summarising the total costs and income to the local authority under the Regulations. They revoke existing local authority powers.  The Disapplication Order disapplies an alternative power for local authorities to charge for these services.

Planning

Planning Act 2008

• Parts 1 to 8 of The Act creates a new system of development consent for nationally significant infrastructure projects.
• The new system covers certain types of energy, transport, water, waste water and waste projects.  The number of applications and permits required for such projects is being reduced.
• The new Infrastructure Planning Commission will be responsible for examining applications for development consent for these projects, or when there is in force a relevant national policy statement.  Development consent will be given in the form of an order which may also confer CPO rights.  National policy statements will set the framework for decisions by the Commission, after public consultation, an appraisal of sustainability has been carried out and parliamentary requirements have been met.  Provision is made for addressing any blight caused by the publication of a national policy statement.
• The Secretary of State will be responsible for determining an application for development consent herself where there is no a national policy statement covering the relevant type of infrastructure.  The Secretary of State will receive recommendations from the Commission and will have order making powers.
• The Chair of the Commission will have to appoint small Panels to examine the applications submitted.  Greater use is to be made of written representations with less reliance on oral representations; and restrictions are being placed on the use of cross examination at a hearing.  The Act sets a timetable for examination of applications and decisions, with a deadline of six months for the examination procedure and a further three months is allowed for a decision.
• Part 9 of the Act makes various alterations to the existing town and country planning regime:
• in relation to the development plan to the power of local planning authorities to decline to determine subsequent applications.
• The right to compensation is being removed in certain circumstances where at least twelve months' notice is given of withdrawal of planning permission by a development order.
• Authorities are being given express power to make non-material changes to planning permissions.
• The Secretary of State is to be required to determine the appropriate procedure for certain proceedings (that is, local inquiry, hearing or written representations).
• Provisions are included concerning fees for planning applications and a power is created to enable fees to be imposed in connection with planning appeals.
• Part 10 adds to the legislative competence of the National Assembly for Wales and confers additional powers on Welsh Ministers This Part also makes provision relating to protection from blight.
• Part 11 empowers the Secretary of State to establish a Community Infrastructure Levy by regulations ("CIL regulations").  This is subject to the approval of a draft of the regulations by the House of Commons and the consent of the Treasury.

Planning and Energy Act 2008
Permits local development plan documents to contain energy policies.

Town and Country Planning (Trees) (Amendment No. 2) (England) Regulations 2008 SI 2008/3202
These Regulations correct mistakes in the Town and Country Planning (Trees) (Amendment) (England) Regulations 2008.

Rating

The Central Rating List (Wales) (Amendment) Regulations 2008 SI 2008/2672 (W.236)
These Regulations amend the Central Rating List (Wales) Regulations 2005.  Under Sections 53, 64(3) and 65(4) of the Local Government Finance Act 1988, the 2005 Regulations prescribe the hereditaments which are to be listed on central non-domestic rating lists for Wales compiled on or after 1 April 2005 and designate the persons who will be considered to be in occupation or, if unoccupied, have ownership of those hereditaments for the purposes of rating.

The Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (Wales) Regulations 2008 SI 2008/2671 (W.235)
These Regulations allow British Telecommunications ("BT") to make a proposal to alter the rateable value of its hereditament as a consequence of the full unbundling of local loops.  Fully unbundled local loops are the single pair of copper wires that connect a customer's premises to the local telephone exchange through which the customer is receiving both telephone and broadband services.  They comprise part of BT's hereditament by virtue of regulation 8 of the Central Rating List (Wales) Regulations 2005.

Stamp duty

The Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 2008
SI 2008/2777
These Regulations exempt from stamp duty and stamp duty reserve tax certain transfers of, or agreements to transfer traded securities made in the course of trading in those securities on the Borse Berlin AG.  The transfers and agreements exempted are those involving LCH.Clearnet Limited (and nominees of that clearing house), through whom transactions on the Facility are cleared, or clearing participants in LCH.Clearnet Limited (and their nominees).

Tribunals

The Appeals from the Upper Tribunal to the Court of Appeal Order 2008 SI 2008/2834
This Order sets out the grounds on which permission (or leave) to appeal from the Upper Tribunal to the Court of Appeal may be granted.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 SI 2008/2835
This Order makes provision, in relation to matters that fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter (articles 2 and 3).  Provision is also made for determining whether the member or members of the tribunal are to be judges of the tribunal or other members of the tribunal (articles 4 and 6).  Where a matter is to be decided by two or more members of a tribunal, the Senior President will select one member to chair the tribunal (article 7).  If a decision of such a tribunal is not unanimous it will be decided by a majority and, if necessary, the chair will have a casting vote (article 8).

Transport and Highways

Local Transport Act 2008
The Act contains provisions to amend the law relating to:

• the responsibilities of local authorities in relation to local transport policies and plans
• the operation of local bus services and related matters, including provisions relating to traffic commissioners;
• the constitution and functions of Passenger Transport Authorities ("PTAs"), which are renamed as Integrated Transport Authorities ("ITAs")
• the establishment and operation of local and London road user charging schemes (commonly referred to as "local road pricing schemes")
• conferring a new framework power on the National Assembly for Wales that will enable the Assembly to make provision for and in connection with charging schemes for Welsh trunk roads, and certain other miscellaneous provisions.

The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) (Amendment) (England) Regulations 2008 SI 2008/3013
These Regulations amend the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 so that the Secretary of State can recover charges for the storage and disposal of vehicles removed by traffic officers.