Statutory Instruments
2008 No. 2840
Local Government, England And Wales
Regulatory Reform
The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008
Made
29th October 2008
Coming into force
30th October 2008
The Secretary of State for Communities and Local Government makes the following Order, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 2006( 1 ).
For the purposes of section 3(1) of the Legislative and Regulatory Reform Act 2006, she considers that the conditions under section 3(2), where relevant, are satisfied.
Agreement to the making of the Order has been given by the National Assembly for Wales in accordance with section 11(1) of that Act and by the Welsh Ministers in accordance with section 11(2) of that Act( 2 ).
She has consulted in accordance with section 13(1) of that Act, save to the extent covered by section 13(3) and 13(4) of that Act.
She laid a draft Order and an explanatory document before Parliament in accordance with section 14(1) of that Act.
Pursuant to section 15(4) of that Act, the super-affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of the Order.
After the expiry of the 60-day period mentioned in section 18 of that Act, and in accordance with section 18(7), the Secretary of State laid a revised draft Order and statement before Parliament, and the draft was approved by resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) This Order may be cited as the Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 and shall come into force on the day after the day on which it is made.
(2) This Order extends to England and Wales only.
Cancer treatment advertisements
2. In section 4 of the Cancer Act 1939 (prohibition of certain advertisements)( 3 )—
(a) subsection (6) shall be repealed; and
(b) for subsection (7), there shall be substituted—
“ (7) Each of the following may institute proceedings under this section—
(a) a county council in England;
(b) a non-metropolitan district council for an area in England for which there is no county council;
(c) a London borough council;
(d) the Common Council of the City of London; or
(e) a county council or county borough council in Wales. ” .
Hackney carriage licence zones
3. —(1) Subject to paragraph (2), in paragraph 25 of Schedule 14 to the Local Government Act 1972(amendment and modification of Public Health Acts 1875 to 1925) (“paragraph 25”)( 4 )—
(a) in sub-paragraph (1), for “sub-paragraphs (2) and (4)” there shall be substituted “sub-paragraph (2)”;
(b) sub-paragraph (4) shall be repealed; and
(c) in sub-paragraph (6)—
(i) in paragraph (a), the words from “except” to “any area,” shall be omitted; and
(ii) paragraph (b) and the preceding “and” shall be repealed.
(2) Where, before the date on which this Order comes into force—
(a) a local authority( 5 ), after giving the requisite notice, passes a resolution under paragraph 25 that section 171(4) of the Public Health Act 1875(incorporation of certain provisions of the Town Police Clauses Act 1847( 6 ))( 7 ) shall apply throughout its area; and
(b) that resolution is neither approved nor disapproved by the Secretary of State or, in relation to a local authority in Wales, the Welsh Ministers,
the date on which that resolution is to take effect shall be the date which is 35 days after the date on which this Order comes into force.
Overseas assistance
4. In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance)( 8 )—
(a) in subsection (1), for “subsections (3) to (6)”, there shall be substituted “subsection (6)”; and
(b) subsections (3), (4) and (5) shall be repealed.
Curriculum for pupil referral units - arrangements for complaints
5. In paragraph 6 of Schedule 1 to the Education Act 1996(pupil referral units - curriculum)( 9 ), in sub-paragraph (3) the words “, with the approval of the Secretary of State,” shall be omitted.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
29th October 2008
2006 c. 51 ; sections 1, 4, 11, 13, 24 and 27 have been amended by the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 ( S.I. 2007/1388 ), Schedule 1, paragraphs 143 to 149.
Section 11 as amended by S.I. 2007/1388 makes separate provision for the agreement of the National Assembly for Wales as constituted under the Government of Wales Act 2006 (c. 32) , and of the Welsh Ministers.
1939 c. 13 ; subsection (6) of section 4 was amended by section 3(2) of and the Schedule to the Law Officers Act 1997 (c. 60) . There are other amendments to section 4 not relevant to this Order.
1972 c. 70 . The functions of the Secretary of State under paragraph 25 of Schedule 14 were formerly exercisable by the National Assembly for Wales concurrently with the Secretary of State, see article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ) and the entry for the Local Government Act 1972 in Schedule 1 to that Order. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) , the functions exercisable by the National Assembly for Wales were transferred to the Welsh Ministers.
See section 270(1) of the Local Government Act 1972 (general provisions as to interpretation) for the definition of “local authority”, as amended by Schedule 17 to the Local Government Act 1985 (c.51) , and section 1(5) of the Local Government (Wales) Act 1994 (c.19) .
1875 c. 55 ; section 171 was amended by the Public Health Act 1936 (c.49) , section 346 and Schedule 3, Part 1.
1993 c. 25 ; section 1 was amended by paragraph 103 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) ; section 93 of, and Part I of Schedule 9 to, the Police and Magistrates’ Courts Act 1994 (c. 29) ; sections 78 and 120(3) of, and paragraph 36 of Schedule 10 and Schedule 24 to, the Environment Act 1995 (c. 25) ; section 400 of, and paragraph 59 of Part I of Schedule 29 to, the Greater London Authority Act 1999 (c. 29) ; paragraph 83 of Schedule 1 to the Fire and Rescue Services Act 2004 (c.21) ; paragraph 10(3)(c) of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c.36) ; section 209(2) of, and paragraph 50 of Part 2 of Schedule 13 to, the Local Government and Public Involvement in Health Act 2007 (c. 28) ; and S.I. 2001/3618 .
1996 c. 56 ; paragraph 6 of Schedule 1 was amended by paragraphs 57 and 184 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31) , S.I. 2002/2953 (in relation to England) and S.I. 2002/3184 (in relation to Wales). The functions of the Secretary of State under paragraph 6 of Schedule 1 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ); see the entry for the Education Act 1996 in Schedule 1 to that Order. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) , certain of those functions were transferred to the Welsh Ministers.