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Local Government (Miscellaneous Provisions) Act 1982

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13 Application of Part VIII.E+W

(1)The provisions of this Part of this Act, except this section, shall come into force in accordance with the following provisions of this section.

(2)A local authority may resolve that the provisions of this Part of this Act which are mentioned in paragraph (a), (b) or (c) of subsection (3) below are to apply to their area; and if a local authority do so resolve, the provisions specified in the resolution shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

(3)The provisions that may be specified in a resolution under subsection (2) above are—

(a)sections 14, 16 and 17 below; or

(b)sections 15 to 17 below; or

(c)sections 14 to 17 below.

(4)A resolution which provides that section 15 below is to apply to the area of a local authority need not provide that it shall apply to all the descriptions of persons specified in subsection (1) of that section; and if such a resolution does not provide that section 15 below is to apply to persons of all of those descriptions, the reference in subsection (2) above to the coming into force of provisions specified in the resolution shall be construed, in its application to section 15 below, and to section 16 below so far as it has effect for the purposes of section 15 below, as a reference to the coming into force of those sections only in relation to persons of the description or descriptions specified in the resolution.

(5)If a resolution provides for the coming into force of section 15 below in relation to persons of more than one of the descriptions specified in subsection (1) of that section, it may provide that that section, and section 16 below so far as it has effect for the purposes of that section, shall come into force on different days in relation to persons of each of the descriptions specified in the resolution.

(6)A local authority shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.

(7)The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the provisions specified in it in the local authority’s area.

(8)The notice shall state which provisions are to come into force in that area.

(9)The notice shall also—

(a)if the resolution provides for the coming into force of section 14 below, explain that that section applies to persons carrying on the practice of acupuncture; and

(b)if it provides for the coming into force of section 15 below, specify the descriptions of persons in relation to whom that section is to come into force.

(10)Any such notice shall state the general effect, in relation to persons to whom the provisions specified in the resolution will apply, of the coming into force of those provisions.

(11)In this Part of this Act “local authority” means—

(a)the council of a district;

(b)the council of a London borough; and

(c)the Common Council of the City of London.

Modifications etc. (not altering text)

C1Ss. 13-17: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

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