Regulation 3 Application of these RegulationsI1

England and Wales

(1)

Any reference in this Part and Parts 2 and 3 of these Regulations to an authority shall, unless otherwise specified be construed as a reference to a body of one of the following descriptions—

(a)

a district council;

(b)

a county council;

(c)

a London borough council;

(d)

the Council of the Isles of Scilly;

F1(e)

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;

(f)

a joint authority established by Part IV of the Local Government Act 1985^f1;

F2(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

the Broads Authority^f2;

(i)

a National Park authority^f3; and

(j)

a conservation board of an area of outstanding natural beauty^f4;

(2)

For the purposes of section 18 of the Local Government and Housing Act 1989—

(a)

the bodies referred to at sub-paragraphs (h) and (j) of paragraph (l) are hereby designated as relevant authorities^f5; and

(b)

any member of an authority listed in paragraph (l) shall be treated as if he were a councillor^f6.

Annotations

Textual amendments

F1: Reg. 3(1)(e) substituted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 68(2)
F2: Reg. 3(1)(g) omitted (1.4.2018) by virtue of The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(2), Sch. para. 7(2)

Commencement

I1: Reg. 3 in force at 1.5.2003, see reg. 1(1)

Footnotes

f1: 1985 c. 51.
f2: Established by the Norfolk and Suffolk Broads Act 1988 (c. 4).
f3: As established by the Environment Act 1995 (c. 25). Under paragraph 11 of Schedule 7 to that Act, a National Park authority is a relevant authority for the purposes of section 18 of the Local Government and Housing Act 1989.
f4: See section 86 of and Schedule 13 to the Countryside and Rights of Way Act 2000 (c. 37) for provisions as to the establishment of conservation boards.
f5: Section 18(5)(b) of the Local Government and Housing Act 1989 provides that Regulations made under section 18 may apply to a body on which any relevant authority within the meaning of that section is represented and which is designated a relevant authority.
f6: Section 18(6) of the Local Government and Housing Act 1989 provides that any reference to a councillor in that section includes a reference to a member of the authority concerned who, in accordance with regulations made under that section, is to be treated as if he were a councillor.