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The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012

S.I. 2012/666 · Made 2 March 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.

London Government

Made 2nd March 2012

Laid before Parliament 7th March 2012

Coming into force in accordance with article 1(2)

The Secretary of State, in exercise of the powers conferred by sections 194(1) and 236(1) of the Localism Act 2011f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2011 c.20

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3General saving provision
  4. 4Provision for continuity in the exercise of functions
  5. 5Transitional provision in relation to investigations under the Local Government Act 1974
  6. 6Transitory provision: final annual accounts of the London Development Agency
  7. 7Transitory provision: final annual report on the London Development Agency
  8. 8Amendments of secondary legislation
  9. Signature
  10. Schedule 1: Amendments
  11. 1European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008
  12. 2Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) (Order) 1999
  13. Schedule 2Revocations
  14. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012.

(2)

This Order comes into force on 31st March 2012, with the exception of article 8(1) so far as it relates to paragraph 2 of Schedule 1, which comes into force on 1st April 2012.

2Interpretation

In this Order—

  • “the Agency” means the London Development Agency;

  • “the Authority” means the Greater London Authority;

  • “the commencement date” means 31st March 2012.

3General saving provision

The abolition of the Agency f1 does not affect the validity of anything done by, on behalf of or in relation to the Agency before the commencement date.

4Provision for continuity in the exercise of functions

(1)

Anything which, before the commencement date, is in the process of being done by, on behalf of or in relation to the Agency may be continued, on and after that date, by or on behalf of or in relation to the Authority.

(2)

Anything done (or having effect as if done) by or in relation to the Agency before the commencement date, has effect on and after that date as if done by or in relation to the Authority, so far as that is required for continuing its effect on and after that date.

(3)

The reference in paragraphs (1) and (2) to anything done, or in the process of being done, by or in relation to the Agency includes without limitation any applications made or any authorisations or notices given, to, by or in relation to the Agency.

5Transitional provision in relation to investigations under the Local Government Act 1974

An investigation may be begun in accordance with Part 3 of the Local Government Act 1974f1 on or after the commencement date in relation to the actions or failures to act of the Agency before the commencement date, but in such a case the provisions of that Part shall have effect as if the actions or failures concerned were actions or failures of the Authority.

6Transitory provision: final annual accounts of the London Development Agency

(1)

The Authority must prepare a statement of the accounts of the Agency for the financial year ending on 31st March 2012 (“the final annual accounts”) in accordance with the provisions of Part 2 of the Audit Commission Act 1998f1.

(2)

The Authority must send a copy of the final annual accounts to the Audit Commission by 30th June 2012.

(3)

As soon as the final annual accounts have been examined, certified and reported on by the Audit Commission, the Authority must send to the Secretary of State a copy of the accounts together with the Audit Commission’s report on them.

7Transitory provision: final annual report on the London Development Agency

The Authority must, by 30th September 2012, make a report to the Secretary of State on the exercise and performance by the Agency of its functions during the financial year ending on 31st March 2012 (“the final report”) and must include in the final report—

(a)

a copy of the audited final annual accounts prepared under article 6; and

(b)

a copy of the Audit Commission’s report.

8Amendments of secondary legislation

(1)

The amendments specified in Schedule 1 have effect.

(2)

The revocations specified in Schedule 2 have effect.

Signature

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

2nd March 2012

1European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008

In regulation 2 (interpretation) of the European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008f1, for the definition of “London region” substitute—

““London region” has the same meaning as “Greater London” in section 2 of the London Government Act 1963f2;”.

2Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) (Order) 1999

(1)

The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999f1 is amended as follows.

(2)

In section 2 of Schedule 1 (planning and development)—

(a)

after paragraph 9 insert—

“9A.

A Mayoral development corporation within the meaning of section 198 of the Localism Act 2011.”; and

(b)

omit paragraph 41A.

(3)

In section 3 of Part 2 of Schedule 2 (planning and development) after paragraph 2 insert—

“2A.

Olympic Park Legacy Company Limited.”.

Schedule 2Revocations

ReferenceTitleExtent of revocation
S.I. 1997/2862f1Local Authorities (Contracts) Regulations 1997In regulation 5(1), sub-paragraph (h)
S.I. 2003/1907f2Greater London Authority Elections (Election Addresses) Order 2003In article 9(3), in sub-paragraph (d)(i), the words “, the London Development Agency”
S.I. 2007/75f3Rural Development (Enforcement) (England) Regulations 2007In regulation 2(1), in the definition of “delivery body”, in (c), the words “except the London Development Agency”
S.I. 2009/1360Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009In article 2, paragraph (q)
S.I. 2010/948f4Community Infrastructure Levy Regulations 2010In regulation 60(8), the words “; or (b) the London Development Agency”

Explanatory note

(This note is not part of the Order)

Section 191(1) of the Localism Act 2011 (“the Act”) abolishes the London Development Agency (“the Agency”) from the date section 191(1) is brought into force, namely, 31st March 2012. The Act also makes amendments to, and repeals, primary legislation in consequence of the Agency’s abolition.

This Order makes amendments consequential on the abolition of the Agency and the transfer of its property, assets and liabilities to the Greater London Authority (article 8 and Schedules 1 and 2).

In addition, the Order makes a further amendment to secondary legislation (article 8 and paragraph 2 of Schedule 1). The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 is amended in consequence of the changes made by Part 8 of the Act (but unrelated to the abolition of the Agency).

The Order makes transitory, transitional and saving provision to ensure continuity between things done by the Agency prior to 31st March and the assumption by the Greater London Authority of its new functions. Specific provision is made in relation to investigations under the Local Government Act 1974 and the preparation of the final annual accounts and final annual report (articles 3 to 7).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.