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| | | ‘Disestablishment of an arm’s length management organisation |
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| | | 1 | This Schedule applies to the disestablishment of an arm’s length management |
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| | | organisation (ALMO) by a local authority as a result of which responsibility |
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| | | for the management for housing previously managed by the ALMO is |
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| | | transferred to the local authority. |
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| | | 2 (1) | The Secretary of State shall not entertain an application for his or her consent |
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| | | to the disestablishment of an ALMO and a transfer of management to which |
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| | | this Schedule applies unless the authority certify either— |
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| | | (a) | that the requirements of paragraph 3 as to consultation have been |
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| | | (b) | that the requirements of that paragraph as to consultation have been |
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| | | complied with except in relation to tenants expected to have vacated |
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| | | the dwelling-house in question before the transfer; |
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| | | | and the certificate shall be accompanied by a copy of the notices given by the |
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| | | authority in accordance with that paragraph. |
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| | | (2) | Where the certificate is in the latter form, the Secretary of State shall not |
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| | | determine the application until the authority certify as regards the tenants |
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| | | (a) | that they have vacated the dwelling-house in question, or |
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| | | (b) | that the requirements of paragraph 3 as to consultation have been |
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| | | | and a certificate under sub-sub-paragraph (b) shall be accompanied by a copy |
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| | | of the notices given by the authority in accordance with paragraph 3. |
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| | | Requirements as to consultation |
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| | | 3 (1) | The requirements as to consultation referred to above are as follows. |
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| | | (2) | The authority shall serve notice in writing on each tenant informing him or her |
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| | | (a) | such details of their proposal as the authority consider appropriate, but |
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| | | including the identity of the person to whom the transfer is to be made; |
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| | | (b) | the likely consequences of the transfer for the tenant, and |
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| | | (c) | the effect of the provisions of this Schedule and informing the tenant |
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| | | that he or she may, within such reasonable period as may be specified |
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| | | in the notice, make representations to the authority. |
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| | | (3) | The authority shall consider any representations made to them within that |
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| | | period and shall serve a further written notice on the tenant informing him or |
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| | | (a) | of any significant changes in their proposal, and |
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| | | (b) | that the tenant may within such period as is specified (which must be |
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| | | at least 28 days after the service of the notice) communicate to the |
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| | | Secretary of State his or her objection to the proposal, |
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| | | | and informing him or her of the effect of paragraph 4. |
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| | | (4) | When a notice has been served under sub-paragraph (3) the authority shall |
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| | | arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish |
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| | | whether or not the tenants wish the transfer to proceed. |
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| | | (a) | make arrangements for such person as they consider appropriate to |
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| | | conduct the ballot in such manner as that person considers appropriate; |
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| | | (b) | conduct the ballot themselves. |
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| | | (6) | After the ballot has been held the authority shall serve a notice on each tenant |
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| | | (whether or not he or she voted in the ballot) informing the tenant— |
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| | | (a) | of the ballot result; and |
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| | | (b) | if the authority intend to proceed with the transfer, that the tenant may |
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| | | within 28 days after the service of the notice make representations to |
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| | | the Secretary of State or (as the case may be) the Welsh Ministers. |
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| | | Consent to be withheld if majority of tenants are opposed |
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| | | 4 (1) | The Secretary of State shall not give his or her consent if the result of a ballot |
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| | | arranged under paragraph 3(4) shows that a majority of the tenants of the |
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| | | dwelling-houses to which the application relates who voted in the ballot do not |
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| | | wish the transfer to proceed; but this does not affect his or her general |
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| | | discretion to refuse consent on grounds relating to whether a transfer has the |
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| | | support of the tenants or on any other ground. |
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| | | (2) | In making this decision the Secretary of State may have regard to any |
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| | | information available to him or her; and the local authority shall give him or |
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| | | her such information as to the representations made to them by tenants and |
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| | | others; and other relevant matters, as he or she may require.’. |
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| | Page 166, line 4 [Clause 201], leave out first ‘or’ and insert ‘, the Treasury or the’. |
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| | Page 166, line 6 [Clause 201], leave out first ‘or’ and insert ‘, the Treasury or the’. |
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| | Page 167, line 14 [Clause 201], at end insert— |
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| | | ‘(10A) | A statutory instrument that contains an order or regulations made by the Treasury |
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| | | under Schedule [Transfers and transfer schemes: tax provisions] is subject to |
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| | | annulment in pursuance of a resolution of the House of Commons.’. |
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| | Page 167, line 41 [Clause 202], after ‘sections’, insert ‘8, 9,’. |
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| | Page 167, line 41 [Clause 202], after ‘Parts’, insert ‘1A,’. |
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| | Page 381, line 13 [Schedule 24], at end insert— |
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| | | Fire and rescue authorities |
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| | | | | | | | Fire and Rescue Services Act 2004 |
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| | Page 381, line 30 [Schedule 24], at end insert— |
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| | | | | | | | | (a) | subsections (4) and (5), and |
| | | | | | (b) | in subsection (6) the words “in Wales”.’. |
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| | Page 382, line 5 [Schedule 24], at end insert— |
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| | | (aa) in subsection (2ZA) the words “in Wales”,’. |
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| | Page 382, line 6 [Schedule 24], leave out paragraph (b) and insert— |
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| | | (b) subsection (2A)(a) and (b),’. |
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| | Page 382, line 13 [Schedule 24], at end insert— |
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| | | (da) in subsection (10A) the words “in Wales”,’. |
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| | Page 382, line 14 [Schedule 24], leave out from ‘subsection’ to end of line 16 and |
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| | insert ‘(13)(aa) the words from “by virtue of” to “England) or”,’. |
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| | Page 382, line 16 [Schedule 24], at end insert— |
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| | | (ea) in subsection (13)(c) the words from the |
| | | | | | beginning to “in Wales”,’. |
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| | Page 382, line 17 [Schedule 24], leave out paragraph (f). |
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| | Page 382, line 25 [Schedule 24], leave out paragraphs (a) and (b) and insert— |
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| | | (a) | in subsection (3) the words from “(in the |
| | | | | | case of a local authority in England” to |
| | | | | | | | | | | | (b) | in subsection (6)(a) the words from “section |
| | | | | | | | | | | | (c) | subsections (10) and (11), and |
| | | | | | (d) | in subsection (12) the words “in Wales”.’. |
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| | Page 382 [Schedule 24], leave out line 29. |
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| | Page 382, line 31 [Schedule 24], leave out ‘Section’ and insert ‘In section’. |
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| | Page 382, line 31 [Schedule 24], at end insert ‘— |
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| | | (a) | in subsection (1)(b) sub-paragraph (ii) and |
| | | | | | the word “or” immediately preceding that |
| | | | | | | | | | | | (b) | in subsection (2) the words “or providing a |
| | | | | | copy of the document to a relevant partner |
| | | | | | | | | | | | (c) | in subsection (6) in the definition of “exempt |
| | | | | | information” the words “section 246 of the |
| | | | | | National Health Service Act 2006 or”, and |
| | | | | | (d) | in that subsection the definition of “relevant |
| | | | | | partner authority” and the word “and” |
| | | | | | immediately preceding that definition.’. |
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| | Page 382, line 32 [Schedule 24], at end insert— |
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| | | In section 21F (as inserted by the Local Government |
| | | | | | (Wales) Measure 2011), in subsection (1) the |
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| | Page 382, line 33 [Schedule 24], after ‘21F’, insert ‘(as inserted by the Flood and |
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| | Water Management Act 2010)’. |
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| | Page 382 [Schedule 24], leave out line 34 and insert ‘In section 22(12A)(a) the words |
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| | from “, or under” to “section 21B,”.’. |
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| | Page 382 [Schedule 24], leave out line 36. |
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| | Page 382 [Schedule 24], leave out line 37. |
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| | Page 382 [Schedule 24], leave out lines 38 to 42 and insert— |
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| | Page 382 [Schedule 24], leave out lines 43 to 48 and insert— |
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| | Page 382 [Schedule 24], leave out line 49. |
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| | Page 382, line 49 [Schedule 24], at end insert— |
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| | | In section 33ZA the words “in Wales,”.’. |
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| | Page 382, line 50 [Schedule 24], leave out from ‘33A’ to end of line 51. |
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| | Page 384 [Schedule 24], leave out line 27. |
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| | Page 384 [Schedule 24], leave out line 29. |
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| | Page 384, line 33 [Schedule 24], after ‘it),’, insert— |
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| | Page 384, line 37 [Schedule 24], leave out ‘paragraphs 23, 24, 25 and’ and insert |
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| | Page 384, line 42 [Schedule 24], at end insert— |
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| | ‘Local Government (Wales) |
| Section 36(1)(b) and (c).’. |
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| | Page 168, line 20 [Clause 205], at end insert— |
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| | | ‘(aa) | section [Tax] and Schedule [Transfers and transfer schemes: tax |
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| | Page 168, line 26 [Clause 205], after ‘Sections’, insert ‘[Tax],’. |
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| | Page 168, line 26 [Clause 205], after ‘207’, insert ‘, and Schedule [Transfers and |
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| | transfer schemes: tax provisions],’. |
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| | Page 168, line 38 [Clause 206], leave out paragraph (f). |
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| | Page 169, line 2 [Clause 206], leave out paragraph (j). |
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| | Page 169, line 2 [Clause 206], at end insert— |
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| | | ‘(ja) | section [Applications for planning permission: local finance |
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| | Page 169, line 4 [Clause 206], leave out paragraph (l). |
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| | Page 169, line 6 [Clause 206], after ‘7,’, insert ‘except section 168(3)(e) and (f) |
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| | Page 169, line 17 [Clause 206], leave out from ‘it’ to end of line 18 and insert ‘is |
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| | brought into force by subsection (4)(f) and (fa),’. |
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| | Page 169, line 21 [Clause 206], at end insert— |
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| | | ‘(3A) | The following provisions come into force on such day as the Welsh Ministers |
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| | | (a) | section 8(1) so far as it inserts— |
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| | | (i) | new sections 5A and 5B so far as relating to fire and rescue |
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| | | (ii) | new sections 5C and 5CA so far as relating to power of the Welsh |
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| | | Ministers to make orders, and |
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| | | (iii) | new sections 5E to 5K, |
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| | | (b) | section 8(2) so far as relating to fire and rescue authorities in Wales, |
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| | | (c) | section 8(2A), (4A) and (4B)(a) and (c), |
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| | | (d) | section 8(4B)(b) so far as it inserts new section 62(1A)(a) and (d), |
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| | | (e) | section 8(4B)(b) so far as it inserts new section 62(1A)(b) so far as |
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| | | relating to power of the Welsh Ministers to make orders, |
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| | | (f) | section 9(1) to (3) and (4) so far as relating to fire and rescue authorities |
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| | | (h) | the following so far as relating to fire and rescue authorities in Wales— |
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