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The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

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Interpretation of Part 5

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15.  (1)  In this Part—

“the 1989 Act” means the Local Government and Housing Act 1989(1);

“2009-electing council” means a single tier council to which elections are to be held in 2009;

“licensing function” means any function conferred by or under—

(a)

the Gambling Act 2005(2),

(b)

the Licensing Act 2003(3), or

(c)

any other enactment relating to the licensing of premises for any purpose, where the function is for the time being listed in paragraph B (licensing and registration functions) of Schedule 1 to the 2000 Regulations) (functions not to be the responsibility of an authority’s executive) so far as not covered by any other paragraph of that Schedule;

“planning function” means any function—

(a)

conferred by or under Part 3 of the Town and Country Planning Act 1990(4) (control over development), or

(b)

for the time being listed in Section A of Schedule 1 to the 2000 Regulations (functions relating to town and country planning and development control);

“pre-election period”, in relation to a 2009-electing council, means the period beginning on the reorganisation date and ending on the fourth day after the ordinary day of election of councillors in 2009; and

“relevant committee” means a committee of a 2009-electing council established—

(a)

under section 6(1) of the Licensing Act 2003(5);

(b)

for the purpose of the exercise by the council of any other licensing function; or

(c)

for the purpose of the exercise by the council of any planning function.

(2) For the purposes of this Part—

(a)a 2009-electing council is related to a preparing council if it succeeds the preparing council on the reorganisation date; and

(b)a preparing council is related to a predecessor council if it is the successor council to the predecessor council.

(1)

1989 c.42. Subsection(3) of section 13 excepts members of a committee or sub-committee falling within subsection (4) from the restriction on voting imposed by subsection (1).

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