Instruments of interest
DRAFT FIXED-TERM EMPLOYEES (PREVENTION OF LESS FAVOURABLE
TREATMENT) (AMENDMENT) REGULATIONS 2008
1. These Regulations restore the Government's
policy intention that any person who is treated as an employee
for National Insurance purposes should also be treated as an employee
for the purposes of Statutory Sick Pay (SSP). The entitlement
of certain fixed-term employees to SSP was successfully contested
in court by an employment agency in June 2007. This instrument
amends the existing Regulations to restore the intention that
agency workers with contracts of three months or less should have
the same access to SSP as other workers, but we understand that
the issue remains contentious with parts of the industry. The
provisions will come into effect on 27 October 2008 to co-ordinate
with other changes to SSP that are linked to the introduction
of Employment and Support Allowance.
EDUCATION (STUDENT SUPPORT) (NO. 2) REGULATIONS 2008
(SI 2008/1582)
STUDENT FEES (QUALIFYING COURSES AND PERSONS) (ENGLAND)
(AMENDMENT) REGULATIONS 2008 (SI 2008/1640)
2. The Department for Innovation, Universities
and Skills (DIUS) have laid these Regulations. We sought further
information from DIUS about the support and guidance provided
to those (notably in local authorities) who have to make student
support assessments based on the complex calculations set out
in the Regulations. That information is printed at the Appendix.
3. Earlier this year, DIUS laid the Education
(Student Support) (Amendment) Regulations 2008 (SI 2008/235),
which provided that, from the end of February 2008, students who
were prisoners during any part of the academic year would no longer
be eligible for living costs support for the academic year; and
prisoners who received living costs support whilst in prison and
were released before the end of their academic year would not
be eligible for living costs support for the remainder of that
year. When we considered SI 2008/235, DIUS told us that they were
working to ensure that, from the 2008-09 academic year, maintenance
support for prisoners undertaking full-time higher education was
provided on a pro-rated basis. This is one of the purposes of
SI 2008/1582. DIUS have said that it is the Government's policy
not to provide maintenance support for students who are prisoners,
and that the 2008 Regulations are amended to ensure that students
who are prisoners at any time in the 2008-09 academic year will
be eligible for maintenance support on a pro-rated daily basis
for any periods of time in which they are not in prison from 1
September 2008.
LAND REGISTRATION (ELECTRONIC CONVEYANCING) RULES
2008 (SI 2008/1750)
4. The Land Registry is in the process of setting
up an electronic communications network that will allow conveyancing
to be carried out electronically so that, ultimately, it can be
an entirely paper-free process. Electronic conveyancing, including
the transferring and creating of interests in land by electronic
documents with electronic signatures and electronic applications
to register them by way of the network, is to be introduced in
stages, initially on a voluntary basis, starting in the late summer
of this year. This instrument enables the first stage, suitable
for use in certain re-mortgages and second mortgages of registered
land. In the second stage, due to begin not before the middle
of 2009, the intention is to introduce other forms of electronic
dispositions, in particular transfers of registered land; further
secondary legislation will be required to allow for this.
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