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The Local Government (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

SCHEDULES

Article 28

SCHEDULE 1REPEALS

Short TitleExtent of repeal
The Local Government Act (Northern Ireland) 1972

Section 48.

Sections 74 to 89A.

Section 121(3).

In section 143, the words “82, 83, 86”.

In section 148(1), the definition of “prohibition order”.

In Schedule 7, the entries relating to sections 76 to 82 of the principal Act.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)Articles 28 to 30.
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6)

Article 36(1) and (2).

Articles 37 and 38.

The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)Article 7.

Article 31

SCHEDULE 2TRANSITIONAL PROVISIONS

Commencement not to affect existing application of Article 14 of the 1985 Order

1.  The coming into operation of Article 31 shall not affect the descriptions of person in relation to whom Article 14 of the 1985 Order applies in a district in which that Article is already in force.

Commencement not to affect pending resolutions about the application of Article 14 of the 1985 Order

2.—(1) This paragraph applies where immediately before the coming into operation of Article 31—

(a)there is in force a resolution under Article 12(2) of the 1985 Order that Article 14 of that Order is to apply to a council’s district, and

(b)the resolution specifies as the day for the coming into force of that Article the day on which Article 31 comes into operation, or any later day.

(2) The coming into operation of Article 31 shall not affect—

(a)the validity of the resolution, or

(b)the descriptions of person in relation to whom Article 14 of that Order applies in pursuance of the resolution.

Additional powers of commencement in relation to Article 14 of the 1985 Order, as amended

3.—(1) This paragraph applies where a council has before the coming into operation of Article 31 passed a resolution that provides, or resolutions that between them provide, for Article 14 of the 1985 Order to apply to the council’s district in relation to all of the existing descriptions of person.

(2) Article 12 of that Order shall have effect for the purpose of enabling the council to bring Article 14 of that Order into force in its district—

(a)in relation to persons carrying on the business of cosmetic piercing, and

(b)in relation to persons carrying on the business of semi-permanent skin-colouring.

(3) In sub-paragraph (1), the reference to the existing descriptions of person is to the descriptions of person specified in Article 14(1) of that Order immediately before the coming into operation of Article 31.

Effect of existing ear-piercing registrations following extension of control to cosmetic piercing

4.—(1) This paragraph applies where, immediately before Article 14 of the 1985 Order comes into force in a council’s district in relation to persons carrying on the business of cosmetic piercing—

(a)that Article is in force in the district in relation to persons carrying on the business of ear-piercing, and

(b)a person is registered under that Article by the council to carry on a business of ear-piercing at premises in the district which are registered under that Article for the carrying-on of that business.

(2) From the coming into force of that Article in that district in relation to persons carrying on the business of cosmetic piercing, the registrations of the person and the premises in respect of ear-piercing shall have effect as registrations in respect of cosmetic piercing, subject to sub-paragraph (3).

(3) Sub-paragraph (2) ceases to apply when the business of cosmetic piercing carried on by the person at the premises subsequently first involves cosmetic piercing other than ear-piercing.

Interpretation

5.—(1) In this Schedule “the 1985 Order” means the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15).

(2) In this Schedule, except paragraph 2(1)(a) and 3(1), any reference to Article 14 of the 1985 Order includes a reference to Article 15 of that Order so far as it has effect for the purposes of that Article.

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