1.The Committee has requested a memorandum on the following points:
(1) Where regulation 3(4) modifies Chapter 2 of Part 5 of the Localism Act 2011, given that the reference to an authority in the definition of “relevant authority” has effect as if it were a reference to a single tier council, explain what “relevant authority” is intended to mean in the sections that are exempt from that modification (i.e. sections 81(1)(a), 82(1) to (3) and 84(6)).
(2) Explain whether “the successor councils” in the amending provision is intended to mean the same thing as “the successor councils concerned” as defined by regulation 10(4).
2.In relation to the Committee’s first question, “relevant authority” in sections 81(1)(a) and 82(1) to (3) is intended to mean the predecessor council, which is the relevant authority to which the expression of interest will have been submitted before the reorganisation date, and is to remain responsible for specifying periods during which expressions of interest may be submitted and for publishing details of such specifications. The intention of the modification of section 84(6) (made by new regulation 10A(3)(c)(ii)) is that the reference to “relevant authority” in the context of receiving an expression of interest is intended to mean the predecessor council who will receive the expression of interest before the reorganisation date and “relevant authority” in the context of notification to a relevant body of when the authority expects to notify that body of its decision is intended to mean the single tier council which will make the decision after the reorganisation date.
3.The department considers that it is clear that, in sections 81(1)(a) and 82(1) to (3), “relevant authority” continues to have the original meaning in the unmodified primary legislation and is intended to mean the council to which the expression of interest is submitted and that the modification to section 84(6) is clear as to the meaning of “relevant authority” in the different contexts set out in new regulation 10A(3)(c)(ii).
4.In relation to the Committee’s second question, “the successor councils” in the provision amending regulation 10 of S.I. 2008/2176 is intended to mean the same thing as “the successor councils concerned” as defined by regulation 10(4).
5.The department considers that the meaning of “successor council” is clear from the definition in regulation 2 of S.I. 2008/2176 and, in light of this and the definition of “financial reserves” in regulation 6(1), that a reader is unlikely to take another meaning from that intended by the amendment to regulation 10.
Ministry of Housing, Communities and Local Government
18 September 2018
Published: 19 October 2018