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The Local Authorities (Alcohol Disorder Zones) Regulations 2008

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Local Authorities (Alcohol Disorder Zones) Regulations 2008 ISBN 978-0-11-081329-5

Response to consultation

6.—(1) Where, pursuant to a notice published in accordance with section 16(2) of the 2006 Act or an invitation made in accordance with regulation 5(1)(b), representations are received by a local authority in response to a proposal to designate a locality as an alcohol disorder zone, the local authority shall, before publishing an action plan in relation to that proposal—

(a)consider those representations; and

(b)publish, in such manner as it considers appropriate, a general response to those representations that sets out any changes to the proposal.

(2) Following consultation under regulations 4 and 5 and consideration of any representations received, the local authority shall consult the chief officer of police and, where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, the Chief Constable of the British Transport Police before making any decision regarding the proposal.

(3) Paragraph (4) applies where, following the publication of a notice in accordance with section 16(2) of the 2006 Act and prior to the publication of an action plan relating to the proposal set out in that notice, a local authority decides to alter the geographical area it proposes will be designated as an alcohol disorder zone from the area set out in the notice.

(4) Where this paragraph applies, a local authority shall before publishing an action plan ensure that a new notice is published, in accordance with regulation 5(1) in relation to the new locality to be designated.

(5) Before publishing an action plan in accordance with section 16(4) of the 2006 Act a local authority and chief officer of police shall obtain the consent of the Chief Constable of the British Transport Police in respect of any non-baseline services which it is proposed are to be provided by the British Transport Police under the action plan.

(6) Where, following the publication of a notice in accordance with section 16(2) of the 2006 Act and prior to the publication of an action plan relating to the proposal set out in that notice, a local authority decides not to designate a locality as an alcohol disorder zone the local authority shall—

(a)publish that decision in a local newspaper circulating in the area in which the locality to be designated is situated or in such public places within the locality to be designated as the local authority considers appropriate; and

(b)give notice of that decision (setting out its reasons) to the Secretary of State.

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