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    (  8  )

 

Clause 122

29

Page 74, line 18, at end insert—

 

     “( )       No—

 

           (a)           order under this Act which, in exercise of the power under

 

subsection (1)(b) to make incidental or supplementary provision,

 

amends or repeals any enactment contained in an Act, or

 

           (b)           regulations under this Act which, in exercise of that power to make

 

incidental or supplementary provision, amend or repeal any such

 

enactment,

 

            shall be made by the Secretary of State unless a draft of the statutory

 

instrument containing the order or regulations (whether containing the

 

order, or regulations, alone or with other provisions) has been laid before,

 

and approved by a resolution of, each House of Parliament.”

30

Page 74, line 21, leave out from “instrument” to “shall” in line 22 and insert “that—

 

           (a)              contains an order or regulations under this Act, and

 

           (b)              is not subject to any requirement that a draft of the instrument be

 

laid before, and approved by a resolution of, each House of

 

Parliament,”

Clause 127

31

Page 75, line 24, after “73,” insert “74,”

32

Page 75, line 24, after “105,” insert “111,”

33

Page 75, line 26, after “9(1),” insert “24(1), (1A) and (4),”

34

Page 75, line 26, after “50(1)” insert “, 53A”

35

Page 75, line 30, at end insert—

 

                  “( )                    Schedule 9 to the Local Government Finance Act 1988

 

(c. 41), and

 

                  ( )                    paragraph 80(1) of Schedule 13 to the Local Government

 

Finance Act 1992 (c. 14),”

36

Page 75, line 36, leave out “section” and insert “sections 76(2) to (5) and”

37

Page 75, line 38, leave out “to 49” and insert “, 41A to 47, 48(a), 49(a)”

38

Page 76, line 3, leave out “sections 22(2) and” and insert “section”

39

Page 76, line 17, leave out “111 to” and insert “112,”

40

Page 76, line 25, after “65” insert “, 65A”

41

Page 76, line 32, after “(9)” insert “, 76(2) to (5)”

42

Page 76, line 39, after “(3),” insert “48(b), 49(b),”

43

Page 76, line 39, after “56,” insert “63A(2),”

Before Schedule 6

44

Insert the following new Schedule—

 

“SCHEDULE


 
 

    (  9  )

 
 

Section (Regulation of cosmetic piercing and skin-colouring businesses):

 

transition

 

Commencement not to affect existing application of section 15 of the 1982 Act

 

  1        The coming into force of section (Regulation of cosmetic piercing and

 

skin-colouring businesses) shall not affect the descriptions of person in

 

relation to whom section 15 of the Local Government (Miscellaneous

 

Provisions) Act 1982 (c. 30) applies in an area in which that section is

 

already in force.

 

Commencement not to affect pending resolutions about the application of section 15 of the

 

1982 Act

 

  2       (1)      This paragraph applies where immediately before the coming into force

 

of section (Regulation of cosmetic piercing and skin-colouring

 

businesses)—

 

              (a)             there is in force a resolution under section 13(2) of the Local

 

Government (Miscellaneous Provisions) Act 1982 (c. 30) that

 

section 15 of that Act is to apply to an authority’s area, and

 

              (b)             the resolution specifies as the day for the coming into force of that

 

section the day on which section (Regulation of cosmetic piercing

 

and skin-colouring businesses) comes into force, or any later day.

 

          (2)      The coming into force of section (Regulation of cosmetic piercing and

 

skin-colouring businesses) shall not affect—

 

              (a)             the validity of the resolution, or

 

              (b)             the descriptions of person in relation to whom section 15 of that

 

Act applies in pursuance of the resolution.

 

Additional powers of commencement in relation to section 15 of the 1982 Act as amended

 

  3       (1)      This paragraph applies where an authority has before the coming into

 

force of section (Regulation of cosmetic piercing and skin-colouring

 

businesses) passed a resolution that provides, or resolutions that

 

between them provide, for section 15 of the Local Government

 

(Miscellaneous Provisions) Act 1982 (c. 30) to apply to the authority’s

 

area in relation to all of the existing descriptions of person.

 

          (2)      Section 13 of that Act shall have effect for the purpose of enabling the

 

authority to bring section 15 of that Act into force in its area—

 

              (a)             in relation to persons carrying on the business of cosmetic

 

piercing, and

 

              (b)             in relation to persons carrying on the business of semi-

 

permanent skin-colouring.

 

          (3)      In sub-paragraph (1), the reference to the existing descriptions of person

 

is to the descriptions of person specified in section 15(1) of that Act

 

immediately before the coming into force of section (Regulation of

 

cosmetic piercing and skin-colouring businesses).

 

Effect of existing ear-piercing registrations following extension of control to cosmetic

 

piercing

 

  4       (1)      This paragraph applies where, immediately before section 15 of the

 

Local Government (Miscellaneous Provisions) Act 1982 (c. 30) comes


 
 

    (  10  )

 
 

into force in an authority’s area in relation to persons carrying on the

 

business of cosmetic piercing—

 

              (a)             that section is in force in the area in relation to persons carrying

 

on the business of ear-piercing, and

 

              (b)             a person is registered under that section by the authority to carry

 

on a business of ear-piercing at premises in the area which are

 

registered under that section for the carrying-on of that business.

 

          (2)      From the coming into force of that section in that area in relation to

 

persons carrying on the business of cosmetic piercing, the registrations

 

of the person and the premises in respect of ear-piercing shall have effect

 

as registrations in respect of cosmetic piercing, subject to sub-paragraph

 

(3).

 

          (3)      Sub-paragraph (2) ceases to apply when the business of cosmetic

 

piercing carried on by the person at the premises subsequently first

 

involves cosmetic piercing other than ear-piercing.

 

Interpretation

 

  5        In this Schedule, except paragraph 2(1)(a) and 3(1), any reference to

 

section 15 of the Local Government (Miscellaneous Provisions) Act 1982

 

(c. 30) includes a reference to section 16 of that Act so far as it has effect

 

for the purposes of that section.”

Schedule 6

45

Page 103, line 24, at end insert—

 

          “(1A)         In subsection (3), for “(9A)” there is substituted “(9AA)”.”

46

Page 103, line 30, at end insert—

 

          “(4)         After subsection (9A) there is inserted—

 

              “(9AA)                The power of the Secretary of State to make an order under

 

paragraph 5G of Schedule 9 shall be exercisable by statutory

 

instrument, and no such order shall be made by him unless a

 

draft of it has been laid before and approved by resolution of

 

each House of Parliament.””

47

Page 107, line 15, at end insert—

 

  “41A                  In section 13(3) (reduced amounts), after “section 11” there is inserted

 

“, 11A”.”

48

Page 108, line 13, at end insert “, and

 

              (b)                for “12(1)” there is substituted “12”.”

49

Page 108, line 15, at end insert “, and

 

              (b)                for “12(1)” there is substituted “12”.”

50

Page 109, line 22, at end insert—

 

  “53A         In Schedule 13 (minor and consequential amendments), in paragraph 80

 

(amendments of section 143 of the Local Government Finance Act

 

1988)—

 

              (a)             sub-paragraph (1) is omitted, and

 

              (b)             in sub-paragraph (2), for “that section” there is substituted

 

“section 143 of that Act (orders and regulations)”.”


 
 

    (  11  )

51

Page 110, line 38, at end insert—

 

“School Standards and Framework Act 1998 (c. 31) and Education Act 2002 (c. 32)

 

  63A        (1)         Sections 45A and 45B of the School Standards and Framework Act 1998

 

(which provide for the setting of a local education authority’s schools

 

budget) are amended in accordance with sub-paragraphs (3) to (6).

 

          (2)         In sections 41 and 42 of the Education Act 2002, the sections 45A and 45B

 

inserted into the School Standards and Framework Act 1998 are

 

amended in accordance with those sub-paragraphs.

 

          (3)         In section 45A(5) (authority to set, and give notice of, its schools budget

 

before the end of January), for “end of January” there is substituted

 

“schools budget deadline”.

 

          (4)         In section 45A, after subsection (5) there is inserted—

 

              “(6)                For the purposes of this section and section 45B “the schools

 

budget deadline” is—

 

                    (a)                   the end of December in the case of an authority in

 

England, and

 

                    (b)                   the end of January in the case of an authority in Wales.”

 

          (5)         In section 45B(1) (appropriate person may serve counter-notice within

 

period of fourteen days beginning with giving of notice), for “day on

 

which the notice was given” there is substituted “schools budget

 

deadline in the financial year preceding that financial year”.

 

          (6)         In section 45B(2) (power of appropriate person to act where authority

 

has not given notice under section 45A(5) by the end of January)—

 

              (a)             for “end of January” there is substituted “schools budget

 

deadline”, and

 

              (b)             for “the end of that January” there is substituted “that deadline”.”

52

Page 111, line 4, at end insert—

 

  “65A        (1)         Section 52 (meetings of the London Assembly) is amended as follows.

 

          (2)         After subsection (4) there is inserted—

 

              “(4A)                There must be at least 21 clear days between a meeting under

 

subsection (3) above and the last such meeting before it, but this

 

does not apply to the gap between the first such meeting after an

 

ordinary election and the last such meeting before that election.”

 

          (3)         In subsection (6)(b) (notice of meeting under subsection (3) to be given at

 

least 28 clear days before meeting), for “28” there is substituted “14”.

 

          (4)         Subsection (7) (notice of meeting not to be given during currency of a

 

notice already given) is omitted.”

Schedule 7

53

Page 114, line 2, column 2, at beginning insert—

  

“In section 53(4A), paragraph (b) and the word

 
  

“and” at the end of paragraph (a).”

 

 
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