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The Commission for Architecture and the Built Environment (Dissolution) Order 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111517413

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 95(4) of the Clean Neighbourhoods and Environment Act 2005, for approval by resolution of each House of Parliament.

Environmental Protection, England And Wales

Made ***

Coming into force In accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 90 and 95(2) of the Clean Neighbourhoods and Environment Act 2005f1.

In accordance with section 95(4) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2005 c.16. There is an amendment to section 90(4) of the 2005 Act. That amendment is not relevant to this Order.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Dissolution of CABE
  4. 4Transfer of property, rights and liabilities
  5. 5Final accounts
  6. 6Final report
  7. 7Supplementary
  8. 8Consequential repeals and revocations
  9. Signature
  10. Schedule Consequential Repeals and Revocations
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Commission for Architecture and the Built Environment (Dissolution) Order 2012 and comes into force on the day after the day on which it is made.

2Interpretation

In this Order—

  • “CABE” means the Commission for Architecture and the Built Environment;

  • “the dissolution date” means the date on which this Order comes into force;

  • “the 2005 Act” means the Clean Neighbourhoods and Environment Act 2005.

3Dissolution of CABE

CABE is dissolved.

4Transfer of property, rights and liabilities

The property, rights and liabilities which immediately before the dissolution date were the property, rights and liabilities of CABE are transferred to the Secretary of State for Culture, Olympics, Media and Sport.

5Final accounts

(1)

The Secretary of State must prepare a statement of accounts of CABE for the period beginning with 1 April 2011 and ending immediately before the dissolution date (“the final accounts”).

(2)

The final accounts must be prepared in accordance with any directions given by the Secretary of State to CABE under paragraph 9(2) of Schedule 2 to the 2005 Act which had effect immediately before the dissolution date.

(3)

The Secretary of State must send a copy of the final accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the period covered by the final accounts.

(4)

The Comptroller and Auditor General must examine, certify and report on the final accounts and lay before Parliament a copy of the final accounts together with the Comptroller and Auditor General’s report on them.

6Final report

(1)

The Secretary of State must prepare a report on the discharge of CABE’s functions for the period covered by the final accounts referred to in article 5 as soon as practicable after the end of that period.

(2)

The Secretary of State must lay a copy of the report before Parliament.

7Supplementary

(1)

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to CABE before the dissolution date.

(2)

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to CABE may, so far as it relates to anything transferred by article 4, be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(3)

Anything done (or having effect as if done) by or in relation to CABE in connection with anything transferred by article 4 has effect as if done by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(4)

So far as is necessary in consequence of anything transferred by article 4, a reference to CABE in an enactment, instrument or other document is to be treated as a reference to the Secretary of State for Culture, Olympics, Media and Sport.

8Consequential repeals and revocations

The enactments specified in the first column of the table in the Schedule are repealed or revoked to the extent specified in the second column of that table.

Signature

John Penrose

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

Date

Consequential Repeals and Revocations

Enactment

Extent of Repeal or Revocation

Greater London Authority Act 1999 (c 29)In section 376(10), the words “the Commission for Architecture and the Built Environment”.
Clean Neighbourhoods and Environment Act 2005 (c 16)

Sections 87 to 89

Section 94(4).

In section 95–

  1. (a)

    in subsection (4), “Subject to subsection (5)”, and

  2. (b)

    subsection (5).

In Schedule 2, paragraphs 1 to 11 and 14 and 15.

In Schedule 3, paragraphs 1 to 7.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (SI 2006/1466)In Schedule 6, column (2), entry 15, the words “in England, the Commission for Architecture and the Built Environment; and”.

Explanatory note

(This note is not part of the Order)

This Order dissolves the Commission for Architecture and the Built Environment (“CABE”).

It provides for the transfer of the property, rights and liabilities of CABE immediately before the dissolution date to the Secretary of State for Culture, Olympics, Media and Sport (article 4).

It also makes related provision for the preparation and audit of CABE’s final accounts and the preparation of its final report (articles 5 and 6), other transitional and saving provisions (article 7), and consequential repeals and revocations (article 8 and the Schedule).

An Explanatory Memorandum has been prepared and is available alongside the instrument on the OPSI website at www.opsi.gov.uk.

An impact assessment has not been produced for this instrument.