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The Localism Act 2011 (Commencement No. 5 and Transitional, Savings and Transitory Provisions) Order 2012

S.I. 2012/1008 · Made 3 April 2012

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.

Housing, England And Wales

Local Government, England And Wales

London Government

Public Bodies

Made 3rd April 2012

The Secretary of State, in exercise of the powers conferred by section, 240(2) and (7) of the Localism Act 2011f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2011 c. 20.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force in relation to England and Wales the day after the day on which this Order is made
  3. 3Provisions coming into force in relation to England and Wales on 3rd May 2012
  4. 4Provisions coming into force in relation to England and Wales on 4th May 2012
  5. 5Provisions coming into force in relation to England, Wales, Scotland and Northern Ireland on 31st May 2012
  6. 6Provision coming into force in relation to England and Wales on 15th January 2013
  7. 7Transitional, transitory and savings provisions
  8. 8Transitional etc provisions: general power of competence
  9. 9Transitional etc provisions: Economic development strategy for London
  10. 10Transitional etc provisions: London Environment Strategy
  11. 11Transitional etc provisions: London housing strategy
  12. 12Transitional etc provisions: tenancy strategies
  13. Signature
  14. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Localism Act 2011 (Commencement No. 5 and Transitional, Savings and Transitory Provisions) Order 2012.

(2)

In this Order—

  • “the Act” means the Localism Act 2011;

  • “the 1999 Act” means the Greater London Authority Act 1999f1;

  • “the 2000 Act” means the Local Government Act 2000f2.

2Provisions coming into force in relation to England and Wales the day after the day on which this Order is made

Subject to articles 7 and 8, the following provisions of the Act come into force in relation to England and Wales the day after the day on which this Order is made—

(a)

section 1(7);

(b)

Schedule 1;

(c)

Schedule 14;

(d)

Part 1 of Schedule 25 and section 237 so far as it relates to that Part.

3Provisions coming into force in relation to England and Wales on 3rd May 2012

Subject to articles 7, 9, 10 and 11, the following provisions of the Act come into force in relation to England and Wales on 3rd May 2012—

(a)

section 188;

(b)

section 192;

(c)

sections 225 to 229;

(d)

section 231;

(e)

Schedule 23;

(f)

Part 33 of Schedule 25 and section 237 so far as it relates to that Part.

4Provisions coming into force in relation to England and Wales on 4th May 2012

The following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on 4th May 2012—

(a)

sections 21 and 22;

(b)

Schedules 2 and 3;

(c)

Part 4 of Schedule 25 and section 237 so far as it relates to that Part.

5Provisions coming into force in relation to England, Wales, Scotland and Northern Ireland on 31st May 2012

Sections 48 to 57 of the Act come into force in relation to England, Wales, Scotland and Northern Ireland on 31st May 2012

6Provision coming into force in relation to England and Wales on 15th January 2013

Section 150(3) of the Act comes into force in relation to England and Wales on 15th January 2013.

7Transitional, transitory and savings provisions

The following transitional, transitory and savings provisions have effect.

8Transitional etc provisions: general power of competence

(1)

The amendment of section 2(1) of the 2000 Act by paragraphs 2 and 3 of Schedule 1 to the Act shall take effect subject to the following.

(2)

A parish council that is an eligible parish councilf1 for the purposes of Part 1 of the 2000 Act at the time of the coming into force of Schedule 1 shall continue to be able to exercise the power under section 2 of the 2000 Act (power to promote well-being)—

(a)

where eligible by virtue of article 4 of the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 (transitional provisions), in accordance with that article;

(b)

where otherwise eligible, until the end of the day of its next annual meeting in a year of ordinary elections and after that day for the purpose of completing any activity—

(i)

undertaken in the exercise of section 2 of the 2000 Act, but

(ii)

not completed before the day of the meeting.

(3)

The power under section 2 of the 2000 Act shall remain a function of the Greater Manchester Combined Authorityf2, and the constituent councils of the Greater Manchester Combined Authority shall continue to have the power under that section to the extent necessary for it to be a function of the Greater Manchester Combined Authority.

9Transitional etc provisions: Economic development strategy for London

(1)

On the day on which section 333F of the 1999 Actf1 comes into force, the Economic development strategy for London is to consist of the London Development Agency strategy mentioned in paragraph (b) of section 41(1) of the 1999 Act which has been prepared and published before that day.

(2)

The duties on the Mayor of London imposed by section 333F(1) to (3) of the 1999 Act are deemed to be satisfied in relation to that strategy by the provisions of this article.

10Transitional etc provisions: London Environment Strategy

(1)

On the day on which section 351A of the 1999 Actf1 comes into force, the London Environment Strategy is to consist of the strategies mentioned in paragraphs (d) to (g) of section 41(1) of the 1999 Act which have been prepared and published before that day.

(2)

The duties on the Mayor of London imposed by section 351A(1) to (4) of the 1999 Act are deemed to be satisfied in relation to that Strategy by the provisions of this article.

(3)

Any guidance or direction given under powers in the 1999 Act repealed by Schedule 23 to the Act which is applicable in relation to any of the strategies specified in the paragraphs referred to in paragraph (1), remains effective as guidance or a direction in relation to the relevant part of the London Environment Strategy.

11Transitional etc provisions: London housing strategy

Section 42Bf1 of the 1999 Act does not apply in relation to the draft revision of the London housing strategy which was published for consultation in December 2011.

12Transitional etc provisions: tenancy strategies

Where, on or before 14th January 2013, a local housing authority has published its tenancy strategy under section 150(1) of the Act, it must have regard to that strategy in exercising its housing management functions.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps

Minister of State

Department for Communities and Local Government

3rd April 2012

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force, the day after the day on which the Order is made, the following provisions of the Act, in relation to England and Wales: section 1(7) and Schedule 1 (repeals related to general power of competence); Schedule 14 (grounds for landlords to refuse to surrender and grant tenancies under section 158); Section 237 and Schedule 25 (repeals, partially).

Article 3 of this Order brings into force on 3rd May 2012 the following provisions of the Act, in relation to England and Wales: section 188 (London housing strategy); section 192 (Mayor’s economic development strategy for London); sections 225 to 229 and Schedule 23 (the London Environment Strategy and other provisions relating to strategies); section 231 (Transport for London: access to meetings and documents etc); section 237 and Schedule 25 (repeals, partially).

Article 4 of this Order brings into force on 4th May 2012 the following provisions of the Act, in relation to England and Wales, so far as not yet in force: sections 21 and 22, Schedule 2 and 3, section 237 and Schedule 25 (partially) (governance).

Article 5 of this Order brings into force on 31st May 2012 the following provisions of the Act in relation to England, Wales, Scotland and Northern Ireland: sections 48 to 57 (EU financial sanctions).

Article 6 of this Order brings into force on 15th January 2013 in relation to England and Wales section 150(3) of the Act (tenancy strategies).

Articles 7 to 12 of the Order make transitional, savings and transitory provision.