Search Legislation

Local Democracy, Economic Development and Construction Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Democracy, Economic Development and Construction Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Local Democracy, Economic Development and Construction Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Requirements in connection with orders about EPBsE+W

97Review by authorities: new EPBE+W

(1)Any two or more of the authorities to whom this section applies may undertake a review of the effectiveness and efficiency of arrangements to promote economic development and regeneration within the area covered by the review (“the review area”).

(2)This section applies to—

(a)a county council in England;

(b)a district council in England.

(3)Where the review is being undertaken by a county council, the review area must include—

(a)the areas of one or more district councils that are within the area of the county council, or

(b)if there are no such areas, the area of the county council.

(4)Where the review is being undertaken by a district council, the review area must include the area of the district council.

(5)The review area may also include the area of any county council or district council in England not undertaking the review.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 97 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

98Preparation and publication of scheme: new EPBE+W

(1)This section applies where two or more of the authorities that have undertaken a review under section 97 conclude that the establishment of an EPB for an area would be likely to improve—

(a)the exercise of statutory functions relating to economic development and regeneration in the area, and

(b)economic conditions in the area.

(2)The authorities may prepare and publish a scheme for the establishment of an EPB for the area (“the scheme area”).

(3)Subject as follows, the scheme area—

(a)must consist of or include the whole or any part of the review area,

(b)may include one or more other local government areas, and

(c)must meet conditions A to C in section 88.

(4)The scheme area may not include a local government area unless each appropriate authority for that area—

(a)participates in the preparation of the scheme, or

(b)consents to its inclusion in the scheme area.

(5)For this purpose—

(a)a county council is an appropriate authority for a local government area that is or forms part of the area of that county council;

(b)a district council is an appropriate authority for a local government area that is the area of that district council.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 98 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

99Requirements in connection with establishment of EPBE+W

(1)The Secretary of State may make an order establishing an EPB for an area only if, having regard to a scheme prepared and published under section 98, the Secretary of State considers that to do so is likely to improve—

(a)the exercise of statutory functions relating to economic development and regeneration in the area, and

(b)economic conditions in the area.

(2)Before making the order, the Secretary of State must consult—

(a)each appropriate authority, and

(b)such other persons (if any) as the Secretary of State considers appropriate.

(3)For the purposes of this section—

(a)a county council is an appropriate authority if the area of the county council, or part of that area, is within the area for which the EPB is to be established;

(b)a district council is an appropriate authority if the area of the district council is within the area for which the EPB is to be established.

(4)In making the order, the Secretary of State must have regard to the need—

(a)to reflect the identities and interests of local communities, and

(b)to secure effective and convenient local government.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 99 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

100Review by authorities: existing EPBE+W

(1)Any one or more of the authorities to whom this section applies may undertake, in relation to an existing EPB, a review of one or more EPB matters.

(2)This section applies to—

(a)an EPB;

(b)a county council whose area, or part of whose area, is within an area of an EPB or could be within a proposed area of an EPB;

(c)a district council whose area is within an area of an EPB or could be within a proposed area of an EPB.

(3)For the purposes of this section an “EPB matter” is—

(a)a matter in relation to which an order may be made under any of sections 89, 91, 92, 95 and 96;

(b)a matter concerning the EPB that the EPB has power to determine.

(4)The review must relate to one or more areas of an EPB or proposed areas of an EPB.

(5)In this section and section 101 a “proposed area of an EPB” means an area of an EPB that may be created by an order under section 95 (changes to boundaries of an EPB's area).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 100 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

101Preparation and publication of scheme: existing EPBE+W

(1)This section applies where one or more of the authorities that have undertaken a review under section 100 conclude that the exercise of the power to make an order under any one or more of sections 89, 91, 92, 95 and 96 would be likely to improve—

(a)the exercise of statutory functions relating to economic development and regeneration in an area of an EPB or a proposed area of an EPB, or

(b)economic conditions in such an area.

(2)The authorities may prepare and publish a scheme relating to the power or powers in question.

(3)The reference in subsection (1) to an area of an EPB includes an area that would cease to be an area of an EPB if an order were made in relation to that area under section 96 (dissolution of an EPB's area).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 101 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

102Requirements in connection with changes to existing EPB arrangementsE+W

(1)The Secretary of State may make an order under any of sections 89, 91, 92, 95 and 96 in relation to an existing EPB only if, having regard to a scheme prepared and published under section 101, the Secretary of State considers that the making of the order is likely to improve—

(a)the exercise of statutory functions relating to economic development and regeneration in the area or areas to which the order relates, or

(b)economic conditions in that area or those areas.

(2)Before making the order, the Secretary of State must consult—

(a)such of the authorities mentioned in section 100(2), and

(b)such other persons (if any),

as the Secretary of State considers appropriate.

(3)In making the order, the Secretary of State must have regard to the need—

(a)to reflect the identities and interests of local communities, and

(b)to secure effective and convenient local government.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 102 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources