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The Local Government Changes for England (Housing Management) (Miscellaneous Amendments) Regulations 1997

S.I. 1997/2734 · Made 17 November 1997

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.

LOCAL GOVERNMENT, ENGLAND AND WALES

Made 17th November 1997

Laid before Parliament 21st November 1997

Coming into force 12th December 1997

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 6 and 15(6) and (7) of the Local Government Act 1988f1 and sections 19 and 26(4) of the Local Government Act 1992f2 and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Annotations to the whole text

Footnotes

f1

1988 c. 9. Section 6 is amended by paragraph 12 of Schedule 1 to the Local Government Act 1992 (c. 19).

f2

1992 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994
  3. 3Amendment of the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Local Government Changes for England (Housing Management) (Miscellaneous Amendments) Regulations 1997 and shall come into force on 12th December 1997.

2Amendments to the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994

The Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994f1 are amended, in regulation 12 (interpretation etc.)—

(a)

by the omission, after “12.”, of “—(1)”;

(b)

by the substitution, for sub-paragraph (d), of the following—

“(d)

“other housing work” means work falling within the defined activity in section 2(2)(h) (housing management) of the Act which is not excepted housing work;”; and

(c)

by the addition, at the end, of the following—

“(e)

“the reorganisation period”—

(i)

where the reorganisation date is 1st April 1996 and the work in question is excepted housing work, means the period beginning on the order date and ending 24 months after the reorganisation date;

(ii)

where the reorganisation date is 1st April 1997 or 1st April 1998 and the work in question is excepted housing work, means the period beginning on the order date and ending 30 months after the reorganisation date;

(iii)

where the reorganisation date is 1st April 1997 or 1st April 1998 and the work in question is other housing work, means the period beginning on the order date and ending 24 months after the reorganisation date;

(iv)

in any other case, means the period of 18 months beginning on the reorganisation date.”

3Amendment of the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994

The Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994f1 are amended, in regulation 3 (application of section 6), by the substitution, for “Section 6”, of “Subject to regulation 14A (housing management: disapplication of competition provisions) of the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994, section 6”f2.

Signature

Signed by authority of the Secretary of State for the Environment

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

17th November 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend regulation 12 of the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 (“the principal Regulations”) in respect of the defined activity of housing management, carried out by defined authorities in England, and make a consequential amendment to regulation 3 of the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 (“the competition Regulations”).

The effect of the amendments to regulation 12 of the principal Regulations is to allow a defined authority which is subject to a boundary or structural change (changes resulting from the implementation of recommendations of the Local Government Commission for England) to postpone compliance with the requirements of the competition Regulations as regards the defined activity of housing management. The competition Regulations will have effect at the end of a period, known as the reorganisation period, which varies according to the type of housing management activity that is carried out (new paragraph (e) of regulation 12).

The consequential amendment to regulation 3 of the competition Regulations secures that that regulation (which specifies the proportion of housing management activity that is to be subject to competition) is subject to the special provisions of the principal Regulations in relation to housing authorities which are affected by structural change.