Existing national legislation and administrative practices that will be changed because of the Provision of Service Regulations 2009 or the Directive Act Lead Details of How the amendment Department Amendments being made 1. Administration of Ministry of Legal Services Act Secondary legislation Justice Act 1985 Justice (LSA 2007) extends through powers in the An Act to make the Law Society‟s Legal Services Act further provision with intervention powers. 2007. respect to the It also extends the administration of Society‟s power to justice and matters regulate entities such connected therewith. as partnerships and unincorporated bodies, and allows legal disciplinary practices and impose conditions on their recognition. LSA 2007 also deals with conveyancing licences and amends the definition of conveyancing services to include activities defined as “reserved instrument activities”. 2. Care Standards Act Department of Act and relevant Administrative changes 2000 - registration of Health secondary legislation will be introduced to children‟s homes, is to be repealed by ensure registration Residential family the Health and Social processes for adult centres, fostering Care Act 2008 in placement schemes, agencies, voluntary October 2010. care homes and adoption agencies domiciliary care are (also known as compliant in the registered adoption meantime and these societies), adoption changes will be carried support agencies , forward to the new registration of social system under the workers. Health and Social Care Act 2008. 3. Civic Government Scottish Possible changes to Secondary legislation (Scotland) Act 1982 Government ensure application by the Scottish process complies Ministers under powers with the Services in the European Directive and to Communities Act 1972, amend provisions by end of year. which may discriminate against non-UK corporate bodies re sex shop licences. 4. Companies Act 2006 Department Amended so that if Amended by the (c46) s1201 and 1202 for Business an individual or Companies Act 2006 Innovation partnership has a (Substitution of and Skills place of business in Section 1201) the UK it must state Regulations 2009 on an address in the UK, 7th December 2009 but if the individual (SI 2009/3182). or partnership does These Regulations not have a place of come into force on 28 business in the UK it December 2009. must state an address where documents can be served by physical delivery and where delivery of documents is capable of being acknowledged. 5. County Courts Act Ministry of Legal Services Act Secondary legislation 1984 Justice 2007 amends the through powers in the definition of „legal Legal Services Act representative‟. It is 2007. now defined as a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation. 6. Courts and Legal Ministry of LSA 2007 amends Secondary legislation Services Act 1990 Justice provisions relating to through the powers in registered foreign the Legal Services Act lawyers, in order to 2007. achieve consistency with provision made elsewhere. 7. Education Act 2002 Department Changes are Guidance will be for Children, necessary to ensure amended to reflect this Schools and independent school by the end of 2009. Families applications are dealt with within a fixed timescale of 6 months. 8. Housing (Scotland) Scottish Section 58 requires Secondary legislation Act 2001 Government that to be eligible for by the Scottish registration as a Ministers under powers Part 3 – Regulation social landlord in in the European of social landlords Scotland, a body Communities Act 1972 must have its by the end of 2009. registered office in Scotland. Section 58 will be amended to ensure that a body which does not have a registered office in Scotland will have the same access to registration as a body which does. 9. Insolvency Act 1986 Department 1. Insolvency Statutory for Business practitioners Instrument 2009 No. Innovation authorised in 3081 The Provision of and Skills Northern Services (Insolvency Ireland act as Practitioners) insolvency Regulations 2009 come practitioners into force on 28th in Great December 2009. Britain. 2. To provide for persons authorised to act solely as nominees and supervisors of company voluntary arrangements and individual voluntary arrangements (authorised persons) in Northern Ireland to act as authorised persons in Great Britain. 10. Insolvency and Department Amended to allow a Statutory Insolvency Services for Business refund to be made to Instrument 2009 No. Account (Fees) Order Innovation unsuccessful 3081 The Provision of 2003 and Skills applicants of the Services (Insolvency monitoring element Practitioners) of the application Regulations 2009 come fee. into force on 28th December 2009. 11. Insolvency Department 1. Replace the current Statutory Practitioners for Business (maximum) period of Instrument 2009 No. Regulations 2005 Innovation authorisation of 3 3081 The Provision of and Skills years for a Services (Insolvency practitioner to Practitioners) authorisation period Regulations 2009 come of 1 year which will into force on 28th be renewed December 2009. automatically subject to continued fulfilment of conditions. 2. To allow an insolvency practitioner from another Member State to meet the strict insolvency bonding requirements where that person has professional liability insurance cover or a guarantee already obtained for cover in that Member State. 3. To relax the requirement that all insolvency practitioners send the original bond or caution to their authorising body and allow electronic copies to be sent instead. 4. To reduce the insolvency experience requirement for applicants seeking authorisation from 7000 hours to 2000 hours. 12. Insolvency (Northern Department of Article 350(2) is Secondary legislation Ireland) Order 1989 Enterprise, being amended to through powers in (Article 350) Trade and remove the section 2(2) of the Investment NI requirement for a European Communities recognised Act 1972. The professional body to Provision of Services have an established (Insolvency place of business in Practitioners) the United Kingdom. Regulations (Northern 13. Regulation 10 will Ireland) 2009 were be amended to made on 4th December provide for automatic 2009 and come into annual renewal of force on 28th December authorisation of 2009. insolvency practitioners 14. Regulation 7 To reduce the insolvency experience requirement for applicants seeking authorisation from 7000 hours to 2000 hours. 15. Schedule 2 To allow an insolvency practitioner from another Member State to meet the strict insolvency bonding requirements where that person has professional liability insurance cover or a guarantee already obtained for cover in that Member State. 16. Insolvency Department of Amended to Amendment will be Practitioners and Enterprise, introduce separate made via secondary Insolvency Account Trade and fees for processing legislation through (Fees) Order Investment NI new applications and powers in section 2(2) (Northern Ireland) for implementing a of the European 2006. monitoring service. Communities Act 1972. The Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009 were made on 4th December 2009 and come into force on 28th December 2009. 17. Licensing Act 2003 Department The Act is being Changes were made as for culture, amended to remove part of the Provision of media and the requirement for Services Regulations sport applicants/notifiers to 2009, which were made copy on 11th November and applications/notificat come into force on 28th ions to responsible December 2009. authorities. Further changes to the Licensing Regulations to facilitate electronic applications are being consulted on by DCMS in autumn 2009. 18. Licensing (Scotland) Scottish Possible changes to Secondary legislation Act 2005 Government ensure application by the Scottish process complies Ministers under powers with the Services in the European Directive and to Communities Act 1972. exclude current licence holders from involvement in granting authorisations. 19. Local Government Communities 1. Amended so December 2009. (Miscellaneous and Local that where an Changes were made as Provisions) Act 1982 Government applicant has part of the Provision of (HO leading submitted an Services Regulations on changes) application a 2009, which were made copy of their on 11th November and application come into force on 28th does not need December 2009. to be sent separately to the chief office of police. 2. Changed so that a person does not need to be resident in the UK for 6 months immediately preceding the date of the application. 20. Local Government Department of Schedule 2 of the Act The Department of the (Miscellaneous Environment, stipulates that a Environment will lead Provisions) NI licence can only be on the changes to (Northern Ireland) given to people Schedule 2 (Licensing Order 1985 resident in the UK of Sex Establishments). for 6 months immediately preceding the date of the application, and to a body corporate that is incorporated in the UK. 21. Pedlars Act 1871 Department The Act will be Changes were made as for Business amended so that it no part of the Provision of Innovation longer applies to Services Regulations and Skills & pedlars of services 2009, which were made the Scottish and only applies to on 11th November and Government the sale of goods. come into force on 28th December 2009. 22. Veterinary Surgeons Department - The introduction of Act 1966: for a provision which - The Veterinary Environment opens up the Surgery (Epidural Food and procedures to people Anaesthesia) Order Rural Affairs who have undergone 1992 training or obtained - The Veterinary qualifications Surgery (Rectal entitling them to Ultrasound carry out the Scanning of procedure in another Bovines) Order EU member state. 2002 - The removal of the - The Veterinary need to apply for Surgery (Artificial certificates of Insemination) competence and to Order 2007 (covers set conditions linked cattle and mares). to such certificates. 23. Transmissible Department These regulations DEFRA are revoking Spongiform for effectively debar any and remaking the TSE Encephalopathy Environment laboratory outside Regulations, so that (England) Food and the UK from being laboratories can be Regulations 2008 Rural Affairs approved for the located anywhere UK's TSE testing within the EEA. The programme. consultation on this took place in December 2009 and the remade Regulations are expected to come into force in late January 2010. 24. Transmissible The Scottish Current regulations The Scottish Spongiform Government effectively debar any Government are Encephalopathies laboratory outside amending them to (Scotland) the UK from being remove the requirement Regulations 2006 approved for the for laboratories to be UK's TSE testing located in the UK. programme.
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