Regulation 34 DisapplicationI1

England and Wales

(1)

Subject to paragraphs (2) and (3), the following shall be disapplied as respects authorities—

(a)

sections 173 to 175 of the Local Government Act 1972^f1;

(b)

section 176(1)(a) and (2) of that Act; and

(c)

section 18(2)(b) of the Local Government and Housing Act 1989^f2,

for all purposes other than—

(i)

the payment of any allowance payable to members of an admissions appeal panel constituted in accordance with regulations made by the Secretary of State under the provisions of the School Standards and Framework Act 1998^f3; and

(ii)

the payment of any allowance payable to members of an exclusions F1review panel constituted in accordance with regulations made by the Secretary of State under the provisions of the Education Act 2002^f4.

(2)

As respects parish councils the provisions referred to in paragraph (1) shall be disapplied with effect from F231st December 2003.

(3)

As respects any other authority the provisions referred to in paragraph (1) shall be disapplied with effect from the date upon which such authority makes a scheme in accordance with Parts 2 and 3 of these Regulations.

(4)

In this regulation, the reference to “authorities” is a reference to the following bodies—

(a)

a district council;

(b)

a county council;

(c)

a London borough council;

(d)

the Council of the Isles of Scilly;

F3(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^f5;

F4(g)

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

(h)

the Broads Authority^f6;

(i)

a National Park authority^f7;

(j)

a conservation board of an area of outstanding natural beauty^f8; and

(k)

a parish council.

Annotations

Textual amendments

F1: Word in reg. 34(1)(c)(ii) substituted (1.9.2012) by The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (S.I. 2012/1033), reg. 1(1), Sch. 2 para. 2 (with reg. 1(2))
F2: Words in reg. 34(2) substituted (31.7.2003) by The Local Authorities (Members' Allowances) (England) (Amendment) Regulations 2003 (S.I. 2003/1692), regs. 1, 7(2)
F3: Reg. 34(4)(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(3)
F4: Reg. 34(4)(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(3)

Commencement

I1: Reg. 34 in force at 1.5.2003, see reg. 1(1)

Footnotes

f1: 1972 c. 70; section 173 is amended by section 24(1) of the Local Government, Planning and Land Act 1980 (c. 65) and by section 194 of and Schedule 11 to the Local Government and Housing Act 1989 (c. 42); section 173A was inserted by section 24 of the Local Government, Planning and Land Act 1980 (c. 65) and is amended by section 7 of the Miscellaneous Financial Provisions Act 1983 (c. 29) and by section 194 of and Schedule 11 to the Local Government and Housing Act 1989 (c. 42); section 174 is amended by section 25 of the Local Government, Planning and Land Act 1980 (c. 65); section 175 is amended by section 25 of the Local Government, Planning and Land Act 1980 (c. 65), section 11 of and Schedule 5 to the Water Act 1983 (c. 23), section 194 of and Schedule 11 to the Local Government and Housing Act 1989 (c. 42) and section 328 of and Schedule 29 to the Greater London Authority Act 1999 (c. 29).
f2: To which there are amendments not relevant to this provision.
f3: 1998 c. 31. The Education (Admissions Appeals Arrangements) (England) Regulations 2002 (S.I. 2002/2899) have been made under the provisions of section 94 of the School Standards and Framework Act 1998.
f4: 2002 c. 32. The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (S.I. 2002/3178) and the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 (S.I. 2002/3179) have been made under the provisions of section 52 of the Education Act 2002.
f5: 1985 c. 51.
f6: Established by the Norfolk and Suffolk Broads Act 1988 (c. 4).
f7: Established by the Environment Act 1995 (c. 25).
f8: 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.