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The Local Government (Promotion of Economic Development) (Amendment) Regulations 1991

S.I. 1991/473 · Made 6 March 1991

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 6th March 1991

Laid before Parliament 11th March 1991

Coming into force 1st April 1991

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 34(1) and (2) and 190 of the Local Government and Housing Act 1989f1, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1989 c. 42.

Contents

  1. 1Citation and commencement
  2. 2Amendment of Regulations
  3. 3Excluded activities
  4. 4Excluded activities
  5. 5Consultation with other authorities
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Local Government (Promotion of Economic Development) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.

2Amendment of Regulations

The Local Government (Promotion of Economic Development) Regulations 1990f1 shall be amended in accordance with the following provisions of these Regulations.

3Excluded activities

(1)

For paragraph (1) of regulation 5 there shall be substituted the following paragraph—

“(1)

There are specified for the purposes of section 34(1) of the Act—

(a)

subject to paragraph (2) below, in relation to every relevant authority, the steps listed in paragraph 1 of Schedule 2 to these Regulations; and

(b)

in relation to every relevant authority other than the Common Council of the City of London (in its capacity as a local authority), the step mentioned in paragraph 2(1) of that Schedule.”.

(2)

In paragraph (2) of regulation 5 for the words “Nothing in paragraph (1) or Schedule 2” there shall be substituted the words “Nothing in paragraph (1)(a) above or paragraph I of Schedule 2”.

4Excluded activities

In Schedule 2—

(a)

before the words “For the purposes”, there shall be inserted the numeral “1.”;

(b)

after the words “regulation 5(1)” there shall be inserted “(a)”; and

(c)

at the end there shall be inserted the following paragraph—

“2
(1)

For the purpose of regulation 5(1)(b), the step is the disposal of land otherwise than by way of a short tenancy—

(a)

for a consideration less than the best that can reasonably be obtained; or

(b)

where the disposal is pursuant to a consent given by the Secretary of State under section 123 (disposal of land by principal councils) of the Local Government Act 1972 (“the 1972 Act”), otherwise than in accordance with that consent.

(2)

In sub-paragraph (1), “short tenancy” has the same meaning as it has for the purposes of section 123 of the 1972 Act.”f1.

5Consultation with other authorities

For paragraph (2) of regulation 8 there shall be substituted the following paragraph—

“(2)

The step mentioned in this paragraph is the provision, after 1st April 1991, by a relevant authority which is not a local education authority within the meaning of the Education Act 1944, to a person who is not a member, officer or other employee of that relevant authority, of training or education services otherwise than after consultation with the local education authority for the area in which the are to be provided.”f1 .

Signature

Michael Heseltine

Secretary of State for the Environment

5th March 1991

David Hunt

Secretary of State for Wales

6th March 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Local Government (Promotion of Economic Development) Regulations 1990.

The effect of the amendment to regulation 5 and Schedule 2 is that a relevant authority other than the Common Council of the City of London (a county, district or London borough council or the Council of the Isles of Scilly) may, for the purpose of promoting the economic development of its area, exercise a power to dispose of land (other than for a term of 7 years or less) only where the disposal is for the best consideration reasonably obtainable or, where the Secretary of State has consented to disposal for less than best consideration, in accordance with that consent.

The effect of the substituted regulation 8(2) is to permit a relevant authority which is not a local education authority to provide training or education services, in the promotion of the economic development of its area, only after consultation with the local education authority for the area in which the services are to be provided.