House of Lords Journal 241 (Session 2007-08)


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Monday 6 October 2008

The House met at 2.30pm.

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor of Hever, L.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Bates, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Bilimoria, L.
Billingham, B.
Bilston, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Boyce, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brittan of Spennithorne, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Browne of Madingley, L.
Burnett, L.
Buscombe, B.
Butler-Sloss, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlile of Berriew, L.
Carrington, L.
Carswell, L.
Carter of Coles, L.
Cathcart, E.
Cavendish of Furness, L.
Chadlington, L.
Chalker of Wallasey, B.
Chandos, V.
Chapman, B.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Corston, B.
Cotter, L.
Courtown, E.
Coussins, B.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawford and Balcarres, E.
Crawley, B.
Crisp, L.
Cumberlege, B.
Cunningham of Felling, L.
Currie of Marylebone, L.
Davidson of Glen Clova, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Elder, L.
Elis-Thomas, L.
Elliott of Morpeth, L.
Elton, L.
Ely, Bp.
Elystan-Morgan, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Evans of Watford, L.
Exeter, Bp.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Filkin, L.
Finlay of Llandaff, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.

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Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Goodlad, L.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Hastings of Scarisbrick, L.
Haworth, L.
Healey, L.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Hollis of Heigham, B.
Hooper, B.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
James of Blackheath, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jopling, L.
Jordan, L.
Judge, L.
Kerr of Kinlochard, L.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kingsmill, B.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lee of Trafford, L.
Leitch, L.
Lester of Herne Hill, L.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McDonagh, B.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Malloch-Brown, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marsh, L.
Massey of Darwen, B.
Mawson, L.
Maxton, L.
Mayhew of Twysden, L.
Meacher, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Mogg, L.
Monson, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Moran, L.
Morgan, L.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Neuberger of Abbotsbury, L.
Neville-Jones, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Paisley of St George’s, B.
Palmer, L.
Parekh, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Paul, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peterborough, Bp.
Phillips of Worth Matravers, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prosser, B.
Prys-Davies, L.
Quin, B.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees of Ludlow, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Ripon and Leeds, Bp.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowe-Beddoe, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.

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Sandberg, L.
Sawyer, L.
Scott of Needham Market, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Teverson, L.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trimble, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnbull, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Uddin, B.
Ullswater, V.
Verma, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Wallace of Tankerness, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warsi, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
West of Spithead, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Winchester, Bp.
Windlesham, L.
Winston, L.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Old Scone, B.

Prayers were read by the Lord Bishop of Liverpool.

1Lord Judge The Rt Hon. Sir Igor Judge, Knight, having been created Baron Judge, of Draycote in the County of Warwickshire, for life by Letters Patent dated 1 October 2008, was introduced between Lord Woolf and Lord Phillips of Worth Matravers, and took and subscribed the oath. (See Appendix)

2Deaths of Lords The Lord Speaker informed the House that the following members of the House had died:

Lord Russell-Johnston on 27 July 2008

Lord Varley on 29 July 2008

Lord Bruce-Lockhart on 14 August 2008

Lord Thomson of Monifieth on 3 October 2008.

3Deputy Speakers The Lord Speaker informed the House that Her Majesty had by Commission dated 1 October 2008 appointed Lord Phillips of Worth Matravers and, in his absence, Lord Hoffmann and, in their absence, the remaining Lords of Appeal in Ordinary in order of seniority of appointment, Deputy Speakers of the House for the purpose of hearing and determining appeals and matters connected therewith, in the absence of the Lord Speaker.

4Registration of Interests It was ordered that the Register of Lords’ Interests, prepared by the Clerk of the Parliaments pursuant to the Code of Conduct adopted by the House on 2 July 2001, be printed. (HL Paper 168)

5Earldom of Aylesford in the Peerage of Great Britain The Lord Chancellor reported that Charles Heneage Finch-Knightley had established his succession to the Earldom of Aylesford in the Peerage of Great Britain. The Clerk of the Parliaments was accordingly directed to enter the Earl of Aylesford on the register of hereditary peers maintained under Standing Order 10(5).

6Earldom of Durham in the Peerage of Great Britain The Petition of Edward Richard Lambton claiming to have succeeded to the Earldom of Durham in the Peerage of Great Britain and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Earl of Durham

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on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11.

7Barony of Glendyne in the Peerage of the United Kingdom The Petition of John Nivison claiming to have succeeded to the Barony of Glendyne in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Lord Glendyne on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11.

Select Committee Report

8Constitution Committee
The following Report from the Select Committee was made and ordered to be printed:
Counter-Terrorism Bill. (10th Report, HL Paper 167)

Public Business

9National Health Service: expenditure A question was asked by Lord Naseby and answered by Baroness Thornton.

10Railways: Network Rail A question was asked by Lord Dubs and answered by Lord Adonis.

11Courts: fees A question was asked by Baroness Gardner of Parkes and answered by Lord Bach.

12Afghanistan A question was asked by Lord Lee of Trafford and answered by Baroness Taylor of Bolton.

13Planning Bill The bill was considered in Committee. The debate on amendment 1 was adjourned. The House resumed.

14Financial markets Lord Davies of Oldham repeated a ministerial statement made in the House of Commons.

15Planning Bill The bill was further considered in Committee, beginning with the resumed debate on amendment 1. The House resumed.

16Pakistan A question was asked by Baroness Nicholson of Winterbourne and, after debate, answered by Lord Malloch-Brown.

The House adjourned. The House resumed.

17Planning Bill The bill was further considered in Committee, beginning with amendment 11. Amendments were agreed to. The House resumed after amendment 27.

The House adjourned at 10.23pm until 2.30pm on Tuesday 7 October.

Papers

All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated.

Command Papers

The following papers were presented to the House by command of Her Majesty on the dates shown:

1Domestic Violence—Government Reply to the 6th Report of the House of Commons Home Affairs Committee on Domestic Violence, Forced Marriage and “Honour”-Based Violence. (23 July)     (7450)

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2Women—Women’s Changing Lives: Priorities for the Ministers for Women, One Year On Progress Report. (29 July)     (7455)

3Treaty Series—First Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2008. (30 July)     (7458)

4Trade—Agreements concluded by the European Community and its member states under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Austria, Finland, Sweden, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and the Slovak Republic to the European Union. (31 July)     (7430)

5Communities—Communities in control: Real people, real power. (1 August)     (7427)

6Public Administration—Audit and Assurance of MPs’ Allowances. (5 August)     (7460)

7Border Controls—Government Reply to the 15th Report of the European Union Committee on the Passenger Name Record Framework Decision. (6 August)     (7461)

8Energy—Report for 2007-08 of energywatch. (8 August)     (7317)

9Pollution—Protocol on Pollutant Release and Transfer Registers. (11 August)     (7328)

10Astronomical Research—Supplementary Agreement between the United Kingdom and Australia concerning the Anglo-Australian Optical Telescope, at Siding Spring, New South Wales, Australia. (11 August)     (7371)

11Law Commissions—Housing: Encouraging Responsible Letting. (13 August)     (7456)

12Industrial Injuries— Report of the Industrial Injuries Advisory Council on osteoarthritis of the knee in coal miners. (21 August)     (7440)

13Independent Monitoring Commission—19th report. (3 September)     (7464)

14Human Trafficking—Council of Europe Convention on Action against Trafficking in Human Beings. (8 September)     (7465)

15Hong Kong—Six-monthly report on Hong Kong: 1 January to 30 June 2008. (10 September)
     (7457)

16European Community—Statement on the 2008 EC Budget and measures to counter fraud and financial mismanagement. (10 September)     (7462)

17Social Security—Report of the Social Security Advisory Committee and a statement by the Secretary of State for Work and Pensions on the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2008. (15 September)     (7469)

18Education—Minute of the Department for Innovation, Universities and Skills concerning a waiving of the claw-back of the Department’s interest in the Fulbright Commission’s premises. (16 September)     (—)

19European Community—Government response to the 17th Report of the European Union Committee on Increasing the Supply of Donor Organs within the European Union. (17 September)
     (7466)

20Housing—Government response to the Report of the House of Commons Communities and Local Government Committee on the Supply of Rented Housing. (18 September)     (7326)

21Environment—Amendment to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. (19 September)     (7471)

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22Marine Environment—Taking forward the Marine Bill: The Government response to pre-legislative scrutiny and public consultation. (25 September)     (7422)

23Human Rights—Response of the Secretary of State for Foreign and Commonwealth Affairs to the 9th report from the Foreign Affairs Committee. (25 September)     (7463)

24Judicial Statistics—Judicial and Court Statistics 2007. (26 September)     (7467)

25Overseas Territories—Government response to the 7th Report of the House of Commons Foreign Affairs Committee on Overseas Territories. (30 September)     (7473)

26NATO—Protocols to the North Atlantic Treaty on the Accession of Albania and Croatia. (3 October)     (7478)

27Extradition—Agreement between the United Kingdom and Ghana concerning the Transfer of Prisoners. (3 October)     (7479)

28Social Security—Report of the Social Security Advisory Committee and a statement by the Secretary of State for Work and Pensions on the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008. (6 October)     (7480)

29Terrorism—Government response to the 10th Report of the House of Lords Constitution Committee on the Counter Terrorism Bill: The Role of Ministers, Parliament and the Judiciary. (6 October)     (7482)

30International Development—Minute concerning the gifting of armoured land cruisers to the OSCE Monitoring Mission in Georgia. (6 October)     (—)

Statutory Instruments (Standing Order 71)

The following instruments were laid before the House on the dates shown:

­table type=”si”˝

Negative instruments
(1)Trade Marks (Fees) Rules 2008195823 July
(2)Community Trade Mark (Amendment) Regulations 2008laid under the Trade Marks Act 1994.
Export Control (Democratic Republic of Congo) (Amendment) (No. 2) Order 2008, laid under the Export Control Act 2002.196423 July
(1)Commons Registration (England) Regulations 2008196124 July
(2)Dartmoor Commons (Authorised Severance) Order 2008laid under the Commons Act 2006.
Payments to the Churches Conservation Trust Order 2008, laid under the Pastoral Measure 1983.196824 July
(1)Legal Officers (Annual Fees) Order 2008196924 July
(2)Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008laid under the Ecclesiastical Fees Measure 1986.
Police Trainee (Amendment) Regulations (Northern Ireland) 2008, laid under the Police (Northern Ireland) Act 2000.SR31424 July

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(1) Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2008195225 July
(2)Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008laid under the Childcare Act 2006.
Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008, laid under the European Communities Act 1972.196525 July
Adventure Activities Licensing (Amendment) Regulations 2008, laid under the Activity Centres (Young Persons’ Safety) Act 1995.197325 July
(1)Tractor etc (EC Type-Approval) (Amendment) Regulations 2008198028 July
(2)Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008laid under the European Communities Act 1972.
Personal and Occupational Pension Schemes (Amendment) Regulations 2008, laid under the Pension Schemes Act 1993.197929 July
Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008, laid under the Ministry of Defence Police Act 1987.205930 July
Criminal Procedure (Amendment) Rules 2008, laid under the Courts Act 2003.207631 July
Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008, laid under the European Communities Act 1972.20721 August
Concessionary Bus Travel (Permits) (England) (Amendment) Regulations 2008, laid under the Greater London Authority Act 1999.20914 August
Police (Testing for Substance Misuse) Regulations (Northern Ireland) 2008, laid under the Police (Northern Ireland) Act 1998.SR3254 August
Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008, laid under the Road Traffic Regulation Act 1984.20955 August
Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2008, laid under the Police Reform Act 2002.20965 August
Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008, laid under the Road Traffic Act 1988.20975 August
Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008, laid under the Constitutional Reform Act 2005.20985 August
Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008, laid under the European Communities Act 1972.20937 August
Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008, laid under the Local Government and Public Involvement in Heath Act 2007.21137 August
Education (Student Support) (Amendment) (No. 2) Regulations 2008, laid under the Teaching and Higher Education Act 1998.20948 August
Vaccine Damage Payments (Specified Disease) Order 2008, laid under the Vaccine Damage Payments Act 1979.21038 August
Export and Import of Dangerous Chemicals Regulations 2008, laid under the European Communities Act 1972.21088 August

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Social Security (Child Maintenance Amendments) Regulations 2008, laid under the Social Security Contributions and Benefits Act 1992.21118 August
(1)Social Security (Use of Information for Housing Benefit and Welfare Services Purposes) Regulations 200821128 August
(2)Welfare Reform Act (Relevant Enactment) Order 2008laid under the Welfare Reform Act 2007.
Transport Tribunal (Amendment) Rules 2008, laid under the Transport Act 1985.21428 August
(1)School Teachers’ Incentive Payments (England) Order 2008209911 August
(2)Education (School Teachers’ Pay and Conditions) Order 2008laid under the Education Act 2002.
Police Act 1997 (Criminal Records) (Amendment) Regulations 2008, laid under the Police Act 1997.214311 August
Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008, laid under the Armed Forces (Pensions and Compensation) Act 2004.216014 August
Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2008, laid under the Enterprise Act 2002.216114 August
Excise Duties (Road Fuel Gas) (Reliefs) Regulations 2008, laid under the Hydrocarbon Oil Duties Act 1979.216714 August
Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2008, laid under the Tax Credits Act 2002.216914 August
Crime and Disorder Act 1998 (Responsible Authorities) Order 2008, laid under the Crime and Disorder Act 1998.216315 August
(1)Batteries and Accumulators (Placing on the Market) Regulations 2008216415 August
(2)Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) (Amendment) Regulations 2008(3)Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008laid under the European Communities Act 1972.
Cosmetic Products (Safety) (Amendment) Regulations 2008, laid under the Consumer Protection Act 1987. 217315 August
Civil Procedure (Amendment) Rules 2008, laid under the Civil Procedure Act 1997.217815 August
Dartford-Thurrock Crossing (Amendment) Regulations 2008, laid under the Dartford-Thurrock Crossing Act 1988.217118 August
Crossrail (Fees for Requests for Planning Approval) Regulations 2008, laid under the Crossrail Act 2008.217518 August
Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008, laid under the Local Government and Public Involvement in Health Act 2007.217618 August
Traffic Signs (Amendment) Regulations and General Directions 2008, laid under the Road Traffic Regulation Act 1984.217718 August
Disability Discrimination (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) (Amendment) Regulations 2008, laid under the Disability Discrimination Act 1995.215919 August
(1)Trade Marks (International Registration) Order 2008220619 August
(2)Trade Marks (Fees) Revocation Rules 2008laid under the Trade Marks Act 1994.Page 816            2007-08      Volume 241      Back to top
Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008, laid under the European Communities Act 1972.217220 August
Public Contracts and Utilities Contracts (CPV Code Amendments) Regulations 2008, laid under the European Communities Act 1972.225622 August
National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2008, laid under the National Health Service Act 2006.225127 August
A1(M) Motorway and the M62 Motorway (Holmfield Interchange Link Roads) (Speed Limit) Regulations 2008, laid under the Road Traffic Regulation Act 1984.226227 August
Tonnage Tax (Training Requirement) (Amendment) Regulations 2008, laid under the Finance Act 2000.226427 August
Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008, laid under the Vehicle Excise and Registration Act 1994.226627 August
(1)Postal Services Regulated Providers (Redress Scheme) Order 2008226727 August
(2)Gas and Electricity Regulated Providers (Redress Scheme) Order 2008laid under the Consumers, Estate Agents and Redress Act 2007.
Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008, laid under the Health and Social Care Act 2008.225028 August
Transmissible Spongiform Encephalopathies (Fees) (England) Regulations 2008, laid under the Finance Act 1973.226928 August
Town and Country Planning (Trees) (Amendment) (England) Regulations 2008, laid under the Town and Country Planning Act 1990.226029 August
Social Fund (Applications and Miscellaneous Provisions) Regulations 2008, laid under the Social Security Administration Act 1992.226529 August
Zoonoses and Animal By-Products (Fees) (England) Regulations 2008, laid under the Finance Act 1973.227029 August
Veterinary Medicines Regulations 2008, laid under the European Communities Act 1972.22971 September
Trade Marks (Amendment) Rules 2008, laid under the Trade Marks Act 1994.23001 September
Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008, laid under the Pensions Act 2007.23012 September
Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) (Amendment) Regulations 2008, laid under the Health and Safety at Work etc. Act 1974.23232 September
Care Quality Commission (Membership) Regulations 2008, laid under the Health and Social Care Act 2008.22523 September
National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008, laid under the Superannuation Act 1972.22633 September
Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008, laid under the Social Security Administration Act 1992.22993 September

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Legal Services Act 2007 (Transitional, Savings and Consequential Provisions) (Scotland) Order 2008, laid under the Legal Services Act 2007.23413 September
(1)Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 200823324 September
(2)Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008laid under the Local Government Finance Act 1988.
Building (Electronic Communications) Order 2008, laid under the Electronic Communications Act 2000.23344 September
Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008, laid under the Traffic Management Act 2004.23444 September
Nitrate Pollution Prevention Regulations 2008, laid under the European Communities Act 1972.23494 September
Police Support Staff (Transfer of Employment) Regulations (Northern Ireland) 2008, laid under the Police (Northern Ireland) Act 2000.3605 September
(1)Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 200823375 September
(2)Sea Fishing (Recovery Measures) Order 2008laid under the European Communities Act 1972.
(1)Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 200823425 September
(2)Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2008laid under the Clean Air Act 1993.
Serious Crime Act 2007 (Specified Anti-fraud Organisations) Order 2008, laid under the Serious Crime Act 2007.23535 September
(1)Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 200823565 September
(2)Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Amendment) (England) Regulations 2008laid under the Wildlife and Countryside Act 1981.
(1)Housing (Approval of a Code of Management Practice) (Student Accommodation) (England) Order 200823458 September
(2)Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008laid under the Housing Act 2004.
Private and Voluntary Health Care (England) Amendment Regulations 2008, laid under the Care Standards Act 2000.23528 September
Fal and Helford Designated Area (Fishing Restrictions) Order 2008, laid under the Sea Fish (Conservation) Act 1967.23608 September
Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008, laid under the European Communities Act 1972.23639 September
Channel Tunnel (International Arrangements) (Amendment) Order 2008, laid under the Channel Tunnel Act 1987.23669 September
Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008, laid under the Road Traffic Regulation Act 1984.23679 September

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Housing (Right to Manage) (England) Regulations 2008, laid under the Housing Act 1985.236110 September
Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008, laid under the Town and Country Planning Act 1990.236210 September
Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008, laid under the Social Security Contributions and Benefits Act 1992.236510 September
Plant Health (England) (Amendment) Order 2008, laid under the Plant Health Act 1967.241110 September
Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008, laid under the Mental Capacity Act 2005.236812 September
Sale of Registration Marks (Amendment) Regulations 2008, laid under the Vehicle Excise and Registration Act 1994.237212 September
Social Security (Miscellaneous Amendments) (No. 4) Regulations 2008, laid under the Social Security Administration Act 1992.242415 September
Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2008, laid under the Access to Justice Act 1999.243015 September
Local Government Pension Scheme (Miscellaneous) Regulations 2008, laid under the Superannuation Act 1972.242517 September
Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008, laid under the Social Security Contributions and Benefits Act 1992.242817 September
Family Proceedings (Amendment) Rules 2008, laid under the Matrimonial and Family Proceedings Act 1984.244618 September
Costs in Criminal Cases (General) (Amendment) Regulations 2008, laid under the Prosecution of Offences Act 1985.244818 September
Family Procedure (Adoption) (Amendment) Rules 2008, laid under the Courts Act 2003.244718 September
Civil Enforcement of Parking Contraventions (County of East Sussex) (Borough of Eastbourne) Designation Order 2008, laid under the Traffic Management Act 2004.244218 September
Infant Formula and Follow-on Formula (England) (Amendment) Regulations 2008, laid under the Food Safety Act 1990.244522 September
Primary Ophthalmic Services and National Health Service (Optional Charges and Payments) Amendment Regulations 2008, laid under the National Health Service Act 2006.244922 September
Occupational and Personal Pension Schemes (Transfer Values) (Amendment) Regulations 2008, laid under the Pensions Schemes Act 1993.245022 September
Parochial Fees Order 2008, laid under the Ecclesiastical Fees Measure 1986.247023 September
National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008, laid under the National Health Service Act 2006.249623 September
Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008, laid under the Road Traffic Act 1988.250825 September
Bradford and Bingley plc Transfer of Securities and Property etc. Order 2008, laid under the Banking (Special Provisions) Act 2008.254629 September

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Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) (Amendment) Order 2008, laid under the Digital Switchover (Disclosure of Information) Act 2007.25571 October
Child Support (Consequential Provisions) Regulations 2008, laid under the Child Maintenance and Other Payments Act 2008.25431 October
Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008, laid under the Child Support Act 1991.25441 October
Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2008, laid under the Judicature (Northern Ireland) Act 1978.4012 October
Student Fees (Amounts) (England) (Amendment) Regulations 2008, laid under the Higher Education Act 2004.25072 October
Child Support Information Regulations, laid under the Child Support Act 1991.25512 October
Cosmetics Products (Safety) (Amendment No. 2) Regulations 2008, laid under the Consumer Protection Act 1987.25662 October
Instruments not subject to parliamentary proceedings
Naval and Marine Pay and Pensions (Pay and Allowances) Order 2008, laid under the Naval and Marine Pay and Pensions Act 1865.28 July
Amendment List 21 to the Fifth Edition of the Queen’s Regulations for the Royal Air Force, laid under the Air Force (Constitution) Act 1917.18 August
(1)Civil Service Additional Voluntary Contribution Scheme (Amendment) Scheme 200811 September
(2)Partnership Pension Account Death Benefits Scheme (Amendment) Scheme 2008(3)Partnership Pension Account Ill Health Benefits Scheme (Amendment) Scheme 2008
(4)Principal Civil Service Pension Scheme (Amendment) Scheme 2008 (No. 2)
laid under the Superannuation Act 1972.
11 September

­/table˝

Affirmative Instruments

The following instruments were laid before the House for approval by resolution:

1Draft Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008, laid under the Civil Aviation Act 1982.

2Draft Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008, laid under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

3Draft International Criminal Court (Remand Time) Order 2008, laid under the International Criminal Court Act 2001.

4Draft Wool Textile Industry (Export Promotion Levy) (Revocation) Order 2008, laid under the Industrial Organisation and Development Act 1947.

5Draft Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008, laid under the Social Security Administration Act 1992.

6Draft Judicial Appointments Order 2008, laid under the Social Security Act 1998.

Negative Instruments

The following instruments were laid before the House:

Page 820            2007-08      Volume 241      Back to top

1Nursing and Midwifery Council (Constitution) Order 2008, laid under the Nursing and Midwifery Order 2001.     (2553)

2General Medical Council (Constitution) Order 2008, laid under the Medical Act 1983.     (2554)

3National Information Governance Board Regulations 2008, laid under the National Health Service Act 2006.     (2558)

4Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008, laid under the Mental Health Act 1983.     (2560)

5Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008, laid under the Mental Health Act 2007.     (2561)

6Civic Enforcement of Parking Contraventions (The County Council of Durham) (Durham District) Designation Order 2008, laid under the Traffic Management Act 2004.     (2567)

7(1)Social Fund Cold Weather Payments (General) Amendment Regulations 2008     (2569)

  (2)Social Security (Contributions) (Amendment No. 5) Regulations 2008     (2624)

laid under the Social Security Contributions and Benefits Act 1992.

8Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008, laid under the European Communities Act 1972.     (2570)

9(1)Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft) (Payment of Rebate etc.) Regulations 2008     (2599)

  (2)Hydrocarbon Oil (Supply of Rebated Heavy Oil) (Payment of Rebate) Regulations 2008     (2600)

laid under the Hydrocarbon Oil Duties Act 1979.

10Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2008, laid under the Income Tax (Earnings and Pensions) Act 2003.     (2601)

11Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2008, laid under the Police and Criminal Evidence Act 1984.     (2638)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1Accounts for the six months ending 30 September 2007 of Stonebridge Housing Action Trust, laid under the Housing Act 1988.

2Report and Accounts for 2007-08 of energywatch, laid under the Utilities Act 2000.

3Code of practice for public authorities disclosing information to a specified anti-fraud organisation under sections 68 to 72 of the Serious Crime Act 2007, laid under that Act.

4(1)Report for 2007-08 of the Parliamentary and Health Service Ombudsman

  (2)Accounts for 2007-08 of the Parliamentary and Health Service Ombudsman

laid under the Parliamentary Commissioner Act 1967.

5Statutory Intervention Policy of the Learning and Skills Council, laid under the Further and Higher Education Act 1992.

6Draft Code of Practice (Code A) for the exercise by police officers of statutory powers of stop and search, and police officers and police staff of requirements to record public encounters, laid under the Police and Criminal Evidence Act 1984.

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Judicial Business

1R (on the application of M) (FC) (Appellant) v London Borough of Hammersmith and Fulham (Respondents) Further to the Order of the House of Wednesday 27 February (24th Report, Session 2007-08; [2008] UKHL 14) it was ordered that the appellant do pay or cause to be paid to the respondents their costs in this House, the amounts of such costs, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999.

2OO (Jordan) (Original Respondent and Cross-appellant) v Secretary of State for the Home Department (Original Appellant and Cross-respondent) (England) The cross-appeal of OO was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 7 August).

3Generics (UK) Limited and others (Appellants) v H Lundbeck A/S (Respondents) (England) The appeal of Generics (UK) Limited, Arrow Generics Limited, Teva UK Limited and Teva Pharmaceutical Industries Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 12 August).

4McConkey and another (Appellants) v The Simon Community (Respondents) (Northern Ireland) The appeal of John McConkey and Jervis Marks was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 13 August).

5Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) (England) The appeal of Oslo Porter was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 13 August).

6Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) (England) The appeal of Persimmon Homes Limited and Persimmon plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 13 August).

7Honeygan-Green (Respondent) v London Borough of Islington (Appellants) (England) The appeal of the London Borough of Islington was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17 November (lodged 13 August).

8R v Briggs-Price (Appellant) (On Appeal from the Court of Appeal Criminal Division) The appeal of Robert Briggs-Price was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 12 August).

9RB (Algeria) (FC) and another (Appellants) v Secretary of State for the Home Department (Respondent) The appeal was set down for hearing and referred to an Appellate Committee (lodged 3 September).

10R (on the application of Black) (Respondent) v Secretary of State for Justice (Appellant) The appeal was set down for hearing and referred to an Appellate Committee.

11Austin (FC) (Appellant) and another v Commissioner of Police of the Metropolis (Respondent) The appeal was set down for hearing and referred to an Appellate Committee.

12R v G (Respondent) (on Appeal from the Court of Appeal Criminal Division) The appeal was set down for hearing and referred to an Appellate Committee (lodged 22 August).

13R v J (Respondent) (on Appeal from the Court of Appeal Criminal Division) The appeal was set down for hearing and referred to an Appellate Committee (lodged 22 August).

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14Mitchell (AP) and another (AP) (Respondents) v Glasgow City Council (Appellants) (Scotland) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 22 October (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 26 September).

15Ofulue and another (Appellant) v Bossert (Respondent) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31 October (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

16Knowsley Housing Trust (Respondents) v White (FC) (Appellant)

17Ansell (also known as Marley) (FC) (Appellant) v London and Quadrant Housing Trust (Respondents)

(Conjoined Appeals)

The petition of the appellant Ansell praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed; and it was further ordered that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999.

18A Train and Sons Limited (Respondents) v Fletcher (executrix of the estate of Carl Fletcher (deceased)) (Appellant) The petition of the appellant praying that the appeal be withdrawn on the terms agreed between the parties and on condition that the respondents do pay to the appellant any costs incurred in respect of the petition of appeal to this House, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

19Ofulue and another (Appellant) v Bossert (FC) (Respondent) The respondent’s certificate of public funding was lodged.

APPENDIX

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Counsellor Sir Igor Judge Knight to the state degree style dignity title and honour of Baron Judge of Draycote in Our County of Warwickshire

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Judge to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the first day of October in the fifty-seventh year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL