|
| |
| |
(f) | a fire and rescue authority constituted by a scheme under |
| |
section 2 of the Fire and Rescue Services Act 2004 or a scheme to |
| |
which section 4 of that Act applies; |
| |
(g) | a police authority established under section 3 of the Police Act |
| |
| 5 |
(h) | any body specified for the purposes of this paragraph by |
| |
regulations under section 79C. |
| |
79C | Regulations for the purposes of section 79A and 79B |
| |
(1) | The Secretary of State may by regulations made by statutory |
| |
instrument specify for the purposes of section 79A(q) or 79B(h) any |
| 10 |
body which is (or any class of bodies each of which is)- |
| |
(a) | a levying body, within the meaning of section 74 of the Local |
| |
Government Finance Act 1988; |
| |
(b) | a body to which section 75 of that Act applies (bodies with |
| |
power to issue special levies); |
| 15 |
(c) | a body to which section 118 of that Act applies (other bodies |
| |
| |
(d) | a local precepting authority as defined in section 69 of the Local |
| |
Government Finance Act 1992. |
| |
(2) | Regulations under subsection (1)— |
| 20 |
(a) | may provide for this Part to have effect, in relation to a body |
| |
specified under that subsection, subject to exceptions or |
| |
| |
(b) | may contain transitional provisions and savings. |
| |
(3) | Any such regulations shall be subject to annulment in pursuance of a |
| 25 |
resolution of either House of Parliament.” |
| |
(4) | In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 |
| |
(application of contracting out to National Park authorities). |
| |
(5) | In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: |
| |
| 30 |
(a) | in subsection (1) after “any” insert “relevant”; |
| |
(b) | after subsection (2) insert— |
| |
“(3) | In this section “relevant best value authority” means a best |
| |
value authority which is not a local authority for the purposes |
| |
of section 70 of the Deregulation and Contracting Out Act 1994.” |
| 35 |
| |
| |
243 | Orders, regulations and guidance |
| |
(1) | Any order or regulations made by the Secretary of State under this Act must be |
| |
made by statutory instrument. |
| 40 |
(2) | Any order made by the Electoral Commission under this Act must be made by |
| |
| |
| |
| |
|
| |
| |
(3) | Any order made by the Welsh Ministers under section 215, 217, 223 or 248 must |
| |
be made by statutory instrument. |
| |
(4) | A statutory instrument containing an order made by the Welsh Ministers |
| |
under section 215 or 223, other than an instrument to which subsection (5) |
| |
applies, is subject to annulment in pursuance of a resolution of the National |
| 5 |
| |
(5) | A statutory instrument containing— |
| |
an order under section 215 which includes provision amending an |
| |
| |
an order made by the Welsh Ministers under section 217, |
| 10 |
| may not be made unless a draft of the order has been laid before and approved |
| |
by a resolution of the National Assembly for Wales. |
| |
(6) | A statutory instrument containing— |
| |
an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, |
| |
40 or 217 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 5, |
| 15 |
regulations under section 226, 228(2)(e) or 229, |
| |
an order under section 17, 212 or 246 which includes provision— |
| |
(a) | amending or repealing an enactment, or |
| |
(b) | amending or revoking subordinate legislation of which a draft |
| |
was required to be laid before and approved by a resolution of |
| 20 |
each House of Parliament, or |
| |
regulations under section 14 or 225 which include such provision, |
| |
| may not be made unless a draft of the instrument has been laid before and |
| |
approved by a resolution of each House of Parliament. |
| |
(7) | Any other statutory instrument under this Act, except one containing only— |
| 25 |
(a) | an order made by the Electoral Commission, or |
| |
(b) | an order under section 248, |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| |
| |
(8) | In relation to an order under section 246— |
| 30 |
(a) | the reference in subsection (6) above to an enactment includes an Act of |
| |
the Scottish Parliament or Northern Ireland legislation; and |
| |
(b) | the reference in that subsection to subordinate legislation of which a |
| |
draft was required to be laid before and approved by a resolution of |
| |
each House of Parliament includes an instrument of which a draft was |
| 35 |
required to be laid before and approved by a resolution of the Scottish |
| |
| |
(9) | If, but for this subsection, an instrument containing an order under section 7 or |
| |
10 would be treated for the purposes of the standing orders of either House of |
| |
Parliament as a hybrid instrument, it shall proceed in that House as if it were |
| 40 |
| |
(10) | Any order or regulations made under this Act may make different provision |
| |
| |
(11) | Any guidance issued under this Act may make different provision for different |
| |
| 45 |
| |
| |
|
| |
| |
| |
The provisions specified in Schedule 19 (which include spent provisions) are |
| |
repealed or revoked to the extent specified there. |
| |
| |
(1) | There shall be paid out of money provided by Parliament— |
| 5 |
(a) | any expenditure incurred by the Secretary of State under this Act; and |
| |
(b) | any increase attributable to this Act in sums payable out of money |
| |
provided by Parliament under another enactment. |
| |
(2) | The Secretary of State may pay to the Arts Council of England and the |
| |
Museums, Libraries and Archives Council such sums as he may determine in |
| 10 |
respect of their expenses under or by virtue of this Act. |
| |
246 | Power to make further amendments and repeals |
| |
(1) | The Secretary of State may by order— |
| |
(a) | amend or repeal any enactment passed before or in the same session as |
| |
| 15 |
(b) | amend or revoke subordinate legislation made before the passing of |
| |
| |
| |
(a) | “enactment” includes an Act of the Scottish Parliament and Northern |
| |
| 20 |
(b) | the reference to subordinate legislation includes an instrument made |
| |
under such an Act or under Northern Ireland legislation. |
| |
(3) | An order under subsection (1) may be made only for the purposes of— |
| |
(a) | supplementing or giving full effect to this Act; or |
| |
(b) | making provision consequential on the passing of this Act. |
| 25 |
| |
(1) | Subject to subsections (2) to (4), this Act extends to England and Wales only. |
| |
(2) | Sections 246, 248 and 249 and this section extend also to Scotland and Northern |
| |
| |
(3) | The extent of any amendment, repeal or revocation made by section 60, 207(1), |
| 30 |
208, 214 or 242 or by Schedule 1, 2, 8, 9, 10, 13, 14, 17 or 18 or Part 1, 8, 9, 14, 17, |
| |
18 or 19 of Schedule 19 is the same as that of the provision amended, repealed |
| |
| |
(4) | The repeal made by paragraph 1(2)(b) of Schedule 15 and the entry in Part 16 |
| |
of Schedule 19 relating to the Prevention of Corruption Act 1916 (c. 64) extends |
| 35 |
to England and Wales and to Scotland. |
| |
| |
(1) | This section and sections 79(2), 243, 245, 247 and 249, and Part 3 of Schedule 5, |
| |
come into force on the day on which this Act is passed. |
| |
| |
| |
|
| |
| |
(2) | The following provisions come into force at the end of two months beginning |
| |
with the day on which this Act is passed— |
| |
| |
Part 3 (to the extent that it does not come into force in accordance with |
| |
| 5 |
Chapter 1 of Part 5 (except section 122), Part 5 of Schedule 19 and section |
| |
244 so far as relating to that Part of that Schedule; |
| |
sections 146, 147 and 148, the entry in Part 8 of Schedule 19 relating to |
| |
section 29(3) of the Local Government Act 1999 (c. 27), and section 244 |
| |
so far as relating to that entry; |
| 10 |
| |
section 238 and Schedule 18. |
| |
(3) | The following provisions, except so far as they relate to a police authority for a |
| |
police area in Wales, come into force in relation to Wales on such day as the |
| |
Welsh Ministers may by order appoint— |
| 15 |
| |
the entries in Part 8 of Schedule 19 relating to sections 5, 6 and 28 of the |
| |
Local Government Act 1999 and section 21 of the Local Government |
| |
| |
section 244 so far as relating to those entries. |
| 20 |
(4) | Subject to subsections (1) to (3), this Act comes into force on such day as the |
| |
Secretary of State may by order appoint. |
| |
(5) | An order under this section— |
| |
(a) | may appoint different days for different purposes; |
| |
(b) | may include transitional, saving or transitory provision. |
| 25 |
| |
This Act may be cited as the Local Government and Public Involvement in |
| |
| |
| |
| |
|
