Regulation 12 Plans, reviews, rules, schemes, statements and strategies required not later than 24 months or 36 months after the reorganisation dateF21F22F23I1
England and Wales
Where it is practicable to do so in the period beginning on the date on which these Regulations come into force and ending on the reorganisation date—
each preparing council which is a county council and each shadow council shall prepare for the whole of its area, and if required by the enactment concerned publish, a document of each of the following descriptions—
a licensing statement (statement of licensing policy) under section 5 of the Licensing Act 2003f2;
a statement of the policy for the provision of assistance under article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002f4;
a council tax reduction scheme under section 13A(2) (reductions by billing authority) of the Local Government Finance Act 1992; and
rules determined under section 47(1)(a) (discretionary relief) of the Local Government Finance Act 1988;
each shadow council and each preparing council which is a district council shall prepare for the whole of its area and publish—
an accessibility strategy and plan under F4Schedule 10 to the Equality Act 2010; and
a children’s and young people’s plan under regulation 3 of the Children and Young People’s Plan (England) Regulations 2005f5; and
each shadow council and each preparing council which is a county council shall—
carry out for the whole of its area a homelessness review within the meaning of the Homelessness Act 2002f6; and
based on the results of that review, formulate and publish a homelessness strategy within the meaning of that Act.
For the purposes of paragraph (1)(a)—
the Acts and Order referred to in paragraphs (i) to F5(vi) shall have effect in relation to a shadow council as if the shadow council were a preparing council; and
the statement referred to in paragraph (iii) shall be prepared in accordance with the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006f7.
For the purposes of paragraph (1)(b)—
F6Schedule 10 to the Equality Act 2010 shall have effect in relation to a shadow council as if the shadow council were a county council; and
the Children and Young People’s Plan (England) Regulations 2005 shall have effect as if references to an authority included references to a shadow council and to a preparing council which is a district councilf8.
For the purposes of paragraph (1)(c)—
section 1(3) of the Homelessness Act 2002 shall not have effect; and
section 1 of that Act (except subsection (3)) and sections 2 to 4 of that Act shall have effect as if—
references to a local housing authority included references to a preparing council which is a county council and to a shadow council, and
references to a local housing authority’s district (in whatever terms) included references to the area of a preparing council which is a county council and to a shadow council’s area.
F7Subject to paragraph (5B) where a plan, review, F8rules, scheme, statement or strategy of a description in paragraph (1) has not been completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, before the reorganisation date, the single tier council that is related to the council authorised by that paragraph to take that action shall take such steps as are necessary to secure that the plan, review, rules, scheme, statement or strategy is completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, F9as soon as practicable and not later than the date that falls F1024 months after the reorganisation date.
Paragraph (5B) applies in relation to single tier councils which have reorganisation dates in 2019, 2020 or 2021.
Where a plan, review, scheme, statement or strategy of a description in paragraph (1)(a)(i), (1)(a)(iv), (1)(b)(i), (1)(c)(i) or (1)(c)(ii) has not been completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, before the reorganisation date, the single tier council that is related to the council authorised by that paragraph to take that action shall take such steps as are necessary to secure that the plan, review, scheme, statement or strategy is completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, as soon as practicable and not later than the date that falls 36 months after the reorganisation date.
In the period beginning on the reorganisation date and ending on the date on which the single tier council complies with paragraph (5) F12or (5B) as the case may be, reviews and strategies of the description specified in paragraph (1)(c) and plans, F13rules, schemes, statements and strategies of the descriptions specified in paragraph (1)(a) and (b) that have been carried out, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published—
before the reorganisation date, by any council that is a predecessor council in relation to the single tier council; or
before the date on which the section 7 order came into force, by the related preparing or shadow council,
shall be treated as if they had been carried out, formulated, prepared, and (where required) published by the single tier council for the whole or such part of its area as corresponds to the area to which the particular plan, review, F14rules, scheme, statement or strategy relates.
Nothing in paragraph (6) shall affect the continued validity, after the date on which the single tier council complies with paragraph (5) F15or (5B) as the case may be, of a plan, review, F16rules, scheme, statement or strategy prepared and published as mentioned in paragraph (6)(a) or (b), for any transitional purpose specified in the plan, review, rules, scheme, statement or strategy prepared by the single tier council.
The requirements of section 5(1) of the Licensing Act 2003 shall be treated as satisfied, as regards the F17five year period beginning with 7th January F182021, or the five year period specified by the related preparing or shadow council or by the single tier council under section 5(6C) of that Act, and a single tier council, by a statement published in accordance with regulations under subsection (7) of that Act—
by that council’s related preparing or shadow council by virtue of paragraph (1)(a) above; or
by the single tier council under paragraph (5) above.
The requirements of section 349(1) of the Gambling Act 2005 shall be treated as satisfied, as regards the three year period beginning with 31st January F192019, and a single tier council, by a statement published in accordance with regulations under subsection (4) of that Act—
by that council’s related preparing or shadow council by virtue of paragraph (1)(a) above; or
by the single tier council under paragraph (5) above.
Where a single tier council is taking steps under paragraph (5) to prepare a council tax reduction scheme under section 13A(2) of the Local Government Finance Act 1992 paragraph 5(1) of Schedule 1A to that Act does not apply.
Annotations
Textual amendments
- F1
Word in reg. 12(1)(a)(i) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(b)(i)
- F2
Word in reg. 12(1)(a)(iii) omitted (5.9.2018) by virtue of The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(b)(ii)
- F3
Reg. 12(1)(a)(v)(vi) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(b)(iii)
- F4
Words in reg. 12(1)(b)(i) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(c)
- F5
Word in reg. 12(2)(a) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(d)
- F6
Words in reg. 12(3)(a) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(c)
- F7
Words in reg. 12(5) inserted (24.8.2020) by The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/809), regs. 1, 2(2)(b)
- F8
Word in reg. 12(5) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(e)(i)
- F9
Words in reg. 12(5) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(e)(ii)
- F10
Words in reg. 12(5) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(e)(iii)
- F11
Reg. 12(5A)(5B) inserted (24.8.2020) by The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/809), regs. 1, 2(2)(c)
- F12
Words in reg. 12(6) inserted (24.8.2020) by The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/809), regs. 1, 2(2)(d)
- F13
Word in reg. 12(6) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(f)(i)
- F14
Word in reg. 12(6) inserted (5.9.2018) by virtue of The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(f)(ii)
- F15
Words in reg. 12(7) inserted (24.8.2020) by The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/809), regs. 1, 2(2)(e)
- F16
Word in reg. 12(7) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(g)
- F17
Word in reg. 12(8) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(h)(i)
- F18
Words in reg. 12(8) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(h)(ii)
- F19
Word in reg. 12(9) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(i)
- F20
Reg. 12(10) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(j)
- F21
Words in reg. 12 heading inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(a)(i)
- F22
Words in reg. 12 heading substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 5(4)(a)(ii)
- F23
Words in reg. 12 heading inserted (24.8.2020) by The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/809), regs. 1, 2(2)(a)
Commencement
- I1
Reg. 12 in force at 28.11.2008, see reg. 1(1)
Footnotes
- f1
-
1996 c.52, amended by the Homelessness Act 2002 (c.7), section 16.
- f2
- f3
- f4
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S.I. 2002/1860. As to the requirement for the policy, see article 4 of the 2002 Order.
- f5
-
S.I. 2005/ 2149, amended by S.I. 2007/57.
- f6
-
2002 c.7. Section 3 was amended by the Local Government Act 2003 (c.26), Sch. 7, para 81. For the meaning of “homelessness review” see section 2. For the meaning of “homelessness strategy” see section 3. Section 4 contains other relevant definitions.
- f7
- f8
-
See the definition of “authority” in regulation 2(1) of S.I. 2005/2149.