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The Localism Act 2011 (Consequential Amendments) Order 2012

S.I. 2012/961 · Made 27 March 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 22 September 2017.

Local Government

Town And Country Planning, England And Wales

Made 27th March 2012

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by section 236 of the Localism Act 2011f1.

A draft of this Order has been approved by a resolution of each House of Parliament in accordance with section 235(6) of that Act.

Annotations to the whole text

Footnotes

f1

2011 c. 20

Contents

  1. 1Citation and commencement
  2. 2Amendments to enactments
  3. 3Amendments to enactments
  4. 4Amendments to enactments
  5. Signature
  6. Schedule 1: General powers of authorities: consequential amendments
  7. 1Industrial and Provident Societies Act 1965 (c. 12) Repealed
  8. 2Nationality, Immigration and Asylum Act 2002 (c. 41)
  9. 3Nationality, Immigration and Asylum Act 2002 (c. 41)
  10. 4Nationality, Immigration and Asylum Act 2002 (c. 41)
  11. 5Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002
  12. 6Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
  13. 7Service Charges (Consultation Requirements) (England) Regulations 2003
  14. 8Education and Inspections Act 2006 (c. 40)
  15. 9Health and Social Care Act 2008 (c. 14)
  16. 10Local Government Pension Scheme (Administration) Regulations 2008
  17. Schedule 2: Compensation for compulsory acquisition: consequential amendments
  18. 1Amendment of the Land Compensation Act 1961 (c. 33) Repealed
  19. 2Amendment of the Local Government Act 1972 (c. 70)
  20. 3Amendment of the Highways Act 1980 (c. 66)
  21. Schedule 3: Neighbourhood planning: consequential amendments
  22. 1Amendments to the Planning and Compulsory Purchase Act 2004 (c.5)
  23. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Localism Act 2011 (Consequential Amendments) Order 2012.

(2)

This Order comes in to force on the day after the day on which it is made with the exception of Article 3 and Schedule 2, which come into force on 6th April 2012.

2Amendments to enactmentsI1

The amendments specified in Schedule 1 to this Order shall have effect.

3Amendments to enactmentsI1

The amendments specified in Schedule 2 to this Order shall have effect.

4Amendments to enactmentsI1

The amendments specified in Schedule 3 to this Order shall have effect.

Signature

Eric Pickles

Secretary of State for Communities and Local Government

27th March 2012

1Industrial and Provident Societies Act 1965 (c. 12)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Nationality, Immigration and Asylum Act 2002 (c. 41)I1

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

3Nationality, Immigration and Asylum Act 2002 (c. 41)I1

In section 55(4) (provisions under which an authority may not provide or arrange for the provision of support following late claim of asylum)—

(a)

omit “and” at the end of paragraph (b), and

(b)

at the end of paragraph (c) insert—

“, and

(d)

section 1 of the Localism Act 2011 (local authority’s general power of competence)”.

4Nationality, Immigration and Asylum Act 2002 (c. 41)I1

In paragraph 1(1) of Schedule 3 (enactments under which a person to whom the paragraph applies shall not be eligible for support or assistance) f1 after paragraph (k) insert—

“(ka)

section 1 of the Localism Act 2011 (local authority’s general power of competence),”.

5Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002I1

In article 2(2) of the Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002f1 (designation of certain bodies as public bodies) after “Act 2000” insert “or section 1 of the Localism Act 2011”.

6Health and Social Care (Community Health and Standards) Act 2003 (c. 43)I1

In section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (interpretation), in paragraph (c)(i) of the definition of “English local authority social service”f1 after “(c. 22)” insert “or section 1 of the Localism Act 2011”.

7Service Charges (Consultation Requirements) (England) Regulations 2003I1

In regulation 3(1)(b)(ii) of the Service Charges (Consultation Requirements)(England) Regulations 2003f1 (management agreements between local authorities and certain bodies not to be qualifying long term agreements) after “Act 2000” insert “or section 1 of the Localism Act 2011”.

8Education and Inspections Act 2006 (c. 40)I1

In section 135(2) of the Education and Inspections Act 2006 (definition of “related activity” in relation to a function to which Chapter 4 of Part 8 of the Act applies) after “(promotion of economic or social well-being)” insert “or section 1 of the Localism Act 2011 (local authority’s general power of competence)”.

9Health and Social Care Act 2008 (c. 14)I1

In section 97(1) of the Health and Social Care Act 2008 (general interpretation of Part 1) in paragraph (b) of the definition of “adult social services” after “(c. 22)” insert “or section 1 of the Localism Act 2011”.

10Local Government Pension Scheme (Administration) Regulations 2008I1

In Schedule 2 to the Local Government Pension Scheme (Administration) Regulations 2008f1 (which sets out scheme employers) in paragraph 22 of Part 1 after “Act 2000” insert “or section 1 of the Localism Act 2011”.

1Amendment of the Land Compensation Act 1961 (c. 33)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Amendment of the Local Government Act 1972 (c. 70)I1

(1)

The Local Government Act 1972 is amended as follows.

(2)

In paragraph 55 of Schedule 16f1 (functions under, and amendment and modifications of, enactments relating to town and country planning)—

(a)

in sub-paragraph (1)(a)—

(i)

for “class” substitute “description”, and

(ii)

for “classes” substitute “descriptions”;

(b)

in each of sub-paragraphs (4) and (5) for “class” substitute “description”; and

(c)

in sub-paragraph (6) for “specifies” substitute “identifies”.

(3)

The amendment made by sub-paragraph (2) does not apply—

(a)

in the case of an acquisition authorised by a compulsory purchase order if the order was made or confirmed by a Minister, or confirmed by another authority, before 6th April 2012,

(b)

in the case of an acquisition authorised by any other order, if the order so far as it authorises the acquisition became effective before 6th April 2012, or

(c)

in the case of an authorisation authorised by a special enactment if the special enactment was enacted before 6th April 2012.

(4)

In sub-paragraph (3)(a) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981.

(5)

In sub-paragraph (3)(c) “special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which –

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory acquisition of land specifically identified in that Act.

3Amendment of the Highways Act 1980 (c. 66)I1

(1)

The Highways Act 1980 is amended as follows.

(2)

In section 262(4)f1 (assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc and lorry areas for special roads) in the definition of “relevant planning permission” for “section 15 or 16” substitute “section 15”.

(3)

The amendment made by sub-paragraph (2) does not apply in a case where section 16 of the Land Compensation Act 1961 applies (or would apply if it were relevant to the case).

1Amendments to the Planning and Compulsory Purchase Act 2004 (c.5)I1

(1)

The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)

In Schedule 8 (transitional provisions)—

(a)

in paragraph 1(5), after paragraph (c) insert—

“(d)

a neighbourhood development plan.”; and

(b)

in paragraph 1(7), after paragraph (b) insert—

“(c)

a neighbourhood development plan published under section 38B(5) of the principal Act.”.

Explanatory note

(This note is not part of the Order)

Schedule 1 to this Order makes amendments consequential to the provisions of Chapter 1 of Part 1 of the Localism Act 2011. Section 1 of the Localism Act 2011 provides local authorities in England with a general power of competence (“the general power”). This will replace the power to promote well-being (section 2 of the Local Government Act 2000) (“the well-being power”) for those authorities. Section 2 of the Local Government Act 2000 is amended by Schedule 1 to the Localism Act 2011 so as to apply only to Welsh local authorities.

The Order amends various references in Acts and statutory instruments to the wellbeing power to refer to the general power of competence.

Schedule 2 to this Order makes amendments consequential to the provisions of section 232 of the Localism Act 2011, which amends Parts II and III of the Land Compensation Act 1961.

Section 232(2) amends the provisions relating to taking account of planning permission when assessing compensation by replacing sections 14, 15 and 16 of the Land Compensation Act 1961 with new sections 14 and 15. The amendments contained in paragraphs 1 and 3 of Schedule 2 amend the relevant Acts to reflect the absence of section 16.

Section 232(3) amends the provisions relating to certificates of appropriate alternative development by replacing sections 17 and 18 of the Land Compensation Act 1961 with new sections 17 and 18. The new provisions do not require the local planning authority to specify class or classes of development. The amendments contained in paragraph 2 of Schedule 2 amend the Local Government Act 1972 to reflect this.

Schedule 3 to this Order makes an amendment consequential to the provisions of Chapter 3 of Part 6 of the Localism Act 2011: neighbourhood planning in England. The Order amends Schedule 8 to the Planning and Compulsory Purchase Act 2004, which makes transitional provision in relation to old plans and policies. The amendments insert reference to neighbourhood development plans into the list of policies which are considered to be a new policy.

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