|
|
| ( 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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