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79B | “Local authority”: Wales |
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In this Part, “local authority” in relation to Wales means— |
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(b) | a county borough council; |
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(d) | a National Park authority; |
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(e) | a joint planning board constituted for an area in Wales outside |
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a National Park by an order under section 2(1B) of the Town |
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and Country Planning Act 1990; |
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(f) | a fire and rescue authority constituted by a scheme under |
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section 2 of the Fire and Rescue Services Act 2004 or a scheme to |
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which section 4 of that Act applies; |
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(g) | a police authority established under section 3 of the Police Act |
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(h) | any body specified for the purposes of this paragraph by |
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regulations under section 79C. |
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79C | Regulations for the purposes of section 79A and 79B |
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(1) | The Secretary of State may by regulations made by statutory |
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instrument specify for the purposes of section 79A(q) or 79B(h) any |
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body which is (or any class of bodies each of which is)- |
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(a) | a levying body, within the meaning of section 74 of the Local |
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Government Finance Act 1988; |
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(b) | a body to which section 75 of that Act applies (bodies with |
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power to issue special levies); |
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(c) | a body to which section 118 of that Act applies (other bodies |
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(d) | a local precepting authority as defined in section 69 of the Local |
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Government Finance Act 1992. |
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(2) | Regulations under subsection (1)— |
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(a) | may provide for this Part to have effect, in relation to a body |
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specified under that subsection, subject to exceptions or |
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(b) | may contain transitional provisions and savings. |
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(3) | Any such regulations shall be subject to annulment in pursuance of a |
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resolution of either House of Parliament.” |
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(4) | In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 |
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(application of contracting out to National Park authorities). |
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(5) | In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: |
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(a) | in subsection (1) after “any” insert “relevant”; |
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(b) | after subsection (2) insert— |
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“(3) | In this section “relevant best value authority” means a best |
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value authority which is not a local authority for the purposes |
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of section 70 of the Deregulation and Contracting Out Act 1994.” |
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237 | Orders, regulations and guidance |
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(1) | Any order or regulations made by the Secretary of State under this Act must be |
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made by statutory instrument. |
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(2) | Any order made by the Electoral Commission under this Act must be made by |
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(3) | Any order made by the Welsh Ministers under section 209, 211, 217 or 242 must |
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be made by statutory instrument. |
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(4) | A statutory instrument containing an order made by the Welsh Ministers |
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under section 209 or 217, other than an instrument to which subsection (5) |
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applies, is subject to annulment in pursuance of a resolution of the National |
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(5) | A statutory instrument containing— |
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an order under section 209 which includes provision amending an |
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an order made by the Welsh Ministers under section 211, |
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| may not be made unless a draft of the order has been laid before and approved |
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by a resolution of the National Assembly for Wales. |
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(6) | A statutory instrument containing— |
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an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, |
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40 or 211 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 5, |
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regulations under section 220, 222(2)(e) or 223, |
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an order under section 17, 206 or 240 which includes provision— |
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(a) | amending or repealing an enactment, or |
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(b) | amending or revoking subordinate legislation of which a draft |
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was required to be laid before and approved by a resolution of |
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each House of Parliament, or |
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regulations under section 14 or 219 which include such provision, |
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| may not be made unless a draft of the instrument has been laid before and |
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approved by a resolution of each House of Parliament. |
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(7) | Any other statutory instrument under this Act, except one containing only— |
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(a) | an order made by the Electoral Commission, or |
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(b) | an order under section 242, |
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| is subject to annulment in pursuance of a resolution of either House of |
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(8) | In relation to an order under section 240— |
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(a) | the reference in subsection (6) above to an enactment includes an Act of |
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the Scottish Parliament or Northern Ireland legislation; and |
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(b) | the reference in that subsection to subordinate legislation of which a |
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draft was required to be laid before and approved by a resolution of |
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each House of Parliament includes an instrument of which a draft was |
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required to be laid before and approved by a resolution of the Scottish |
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(9) | If, but for this subsection, an instrument containing an order under section 7 or |
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10 would be treated for the purposes of the standing orders of either House of |
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Parliament as a hybrid instrument, it shall proceed in that House as if it were |
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(10) | Any order or regulations made under this Act may make different provision |
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(11) | Any guidance issued under this Act may make different provision for different |
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The provisions specified in Schedule 18 (which include spent provisions) are |
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repealed or revoked to the extent specified there. |
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(1) | There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State under this Act; and |
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(b) | any increase attributable to this Act in sums payable out of money |
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provided by Parliament under another enactment. |
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(2) | The Secretary of State may pay to the Arts Council of England and the |
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Museums, Libraries and Archives Council such sums as he may determine in |
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respect of their expenses under or by virtue of this Act. |
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240 | Power to make further amendments and repeals |
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(1) | The Secretary of State may by order— |
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(a) | amend or repeal any enactment passed before or in the same session as |
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(b) | amend or revoke subordinate legislation made before the passing of |
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(a) | “enactment” includes an Act of the Scottish Parliament and Northern |
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(b) | the reference to subordinate legislation includes an instrument made |
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under such an Act or under Northern Ireland legislation. |
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(3) | An order under subsection (1) may be made only for the purposes of— |
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(a) | supplementing or giving full effect to this Act; or |
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(b) | making provision consequential on the passing of this Act. |
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(1) | Subject to subsections (2) to (4), this Act extends to England and Wales only. |
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(2) | Sections 240, 242 and 243 and this section extend also to Scotland and Northern |
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(3) | The extent of any amendment, repeal or revocation made by section 60, 201(1), |
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202, 208 or 236 or by Schedule 1, 2, 7, 8, 9, 12, 13, 16 or 17 or Part 1, 8, 9, 14, 17, |
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18 or 19 of Schedule 18 is the same as that of the provision amended, repealed |
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(4) | The repeal made by paragraph 1(2)(b) of Schedule 14 and the entry in Part 16 |
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of Schedule 18 relating to the Prevention of Corruption Act 1916 (c. 64) extends |
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to England and Wales and to Scotland. |
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(1) | This section and sections 74(2), 237, 239, 241 and 243, and Part 3 of Schedule 5, |
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come into force on the day on which this Act is passed. |
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(2) | The following provisions come into force at the end of two months beginning |
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with the day on which this Act is passed— |
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Part 3 (to the extent that it does not come into force in accordance with |
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Chapter 1 of Part 5 (except section 116), Part 5 of Schedule 18 and section |
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238 so far as relating to that Part of that Schedule; |
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sections 140, 141 and 142, the entry in Part 8 of Schedule 18 relating to |
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section 29(3) of the Local Government Act 1999 (c. 27), and section 238 |
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so far as relating to that entry; |
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section 232 and Schedule 17. |
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(3) | The following provisions, except so far as they relate to a police authority for a |
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police area in Wales, come into force in relation to Wales on such day as the |
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Welsh Ministers may by order appoint— |
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the entries in Part 8 of Schedule 18 relating to sections 5, 6 and 28 of the |
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Local Government Act 1999 and section 21 of the Local Government |
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section 238 so far as relating to those entries. |
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(4) | Subject to subsections (1) to (3), this Act comes into force on such day as the |
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Secretary of State may by order appoint. |
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(5) | An order under this section— |
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(a) | may appoint different days for different purposes; |
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(b) | may include transitional, saving or transitory provision. |
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This Act may be cited as the Local Government and Public Involvement in |
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