Search Legislation

Local Democracy, Economic Development and Construction Act 2009

Status:

Point in time view as at 12/01/2010.

Changes to legislation:

There are currently no known outstanding effects for the Local Democracy, Economic Development and Construction Act 2009, Cross Heading: Supplementary. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SupplementaryU.K.

114Incidental etc provisionU.K.

(1)The Secretary of State may by order make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, an order under this Part or for giving full effect to such an order.

(2)An order under this section may include provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment, whenever passed or made.

(3)The provision that may be included by virtue of subsection (2) includes provision applying, with modifications, or disapplying any enactment amended by Schedule 6.

(4)An order under this section may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees etc).

Commencement Information

I1S. 114 in force at 12.1.2010 by S.I. 2009/3318, art. 3

115Transfer of property, rights and liabilitiesE+W

(1)The Secretary of State may by order make provision for the transfer of property, rights and liabilities for the purposes of, or in consequence of, an order under this Part or for giving full effect to such an order.

(2)Property, rights and liabilities may be transferred by—

(a)the order,

(b)a scheme made by the Secretary of State under the order, or

(c)a scheme required to be made under the order by a person other than the Secretary of State.

(3)A transfer by virtue of this section may have effect—

(a)whether or not the property, rights and liabilities would otherwise be capable of being transferred;

(b)without any instrument or formality being required.

(4)The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment.

(5)The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).

(6)An order under this section or a scheme made under it may define the property, rights and liabilities to be transferred by specifying or describing them.

(7)Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—

(a)for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred;

(b)for the shared ownership or use of any property or facilities;

(c)for the management or custody of transferred property;

(d)for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.

(8)Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—

(a)for the continuing effect of things done by the transferor in relation to anything transferred;

(b)for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred;

(c)for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.

Commencement Information

I2S. 115 in force at 12.1.2010 by S.I. 2009/3318, art. 3

116Consequential amendmentsU.K.

(1)The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of any provision made by this Part.

(2)The power conferred in subsection (1) includes power to amend, repeal or revoke provision contained in an enactment passed or made before the day on which this Act is passed.

Commencement Information

I3S. 116 in force at 12.1.2010 by S.I. 2009/3318, art. 3

117OrdersU.K.

(1)Orders under this Part must be made by statutory instrument.

(2)Subject to subsection (3), a statutory instrument containing an order under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)A statutory instrument containing only an order under section 116 that amends or revokes provision contained in an instrument subject to annulment by resolution of either House of Parliament is subject to annulment by such resolution.

(4)If a draft of an order under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Commencement Information

I4S. 117 in force at 12.1.2010 by S.I. 2009/3318, art. 3

118GuidanceE+W

(1)The Secretary of State may give guidance about anything that could be done by an authority to whom this section applies under or by virtue of this Part.

(2)An authority to whom this section applies must have regard to any guidance given under this section in exercising any function conferred or imposed by or by virtue of this Part.

(3)Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.

(4)Any such guidance may make different provision for different cases and different provision for different areas.

(5)This section applies to—

(a)a county council;

(b)a district council;

(c)an EPB;

(d)an ITA;

(e)a combined authority.

Commencement Information

I5S. 118 in force at 17.12.2009 by S.I. 2009/3318, art. 2(b)

119Amendments relating to EPBs and combined authoritiesE+W

Schedule 6 (amendments relating to EPBs and combined authorities) is part of this Part.

Commencement Information

I6S. 119 in force at 17.12.2009 by S.I. 2009/3318, art. 2(b)

120InterpretationE+W

In this Part—

  • combined authority” means an authority established under section 103(1);

  • EPB” has the meaning given by section 88(1);

  • ITA” has the meaning given by section 104(1);

  • local government area” has the meaning given by section 88(7);

  • unitary district council” has the meaning given by section 90(4).

Commencement Information

I7S. 120 in force at 17.12.2009 by S.I. 2009/3318, art. 2(b)

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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