The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2840 |
| Year | 2008 |
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 20061.
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 Act2.
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(a) subsection (6) shall be repealed; and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)
(a) in sub-paragraph (1), for “sub-paragraphs (2) and (4)” there shall be substituted “sub-paragraph (2)”;
(b)
(b) sub-paragraph (4) shall be repealed; and
(c)
(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) a local authority5, 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 18476)7shall apply throughout its area; and
(b)
(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.
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
29th October 2008
EXPLANATORY NOTE
(This note is not part of the Order)
This Order removes a number of burdens on local authorities caused by the need for them to seek consent of (depending on the case) the Attorney-General, the Secretary of State or Welsh Ministers, before taking certain actions. The Order extends to England and Wales only.
Section 4 of the Cancer Act 1939 provides that (with some exceptions) it is an offence for a person to take part in the publication of any advertisement containing an offer to treat any person for cancer, to prescribe a remedy for it or to give any advice in connection with the treatment of it. A prosecution for such an offence must not be instituted in England or Wales without the consent of the...
To continue reading
Request your trial