The Localism Act 2011 (Consequential Amendments) Order 2012

Article 2

SCHEDULE 1 General powers of authorities: consequential amendments

Industrial and Provident Societies Act 1965 (c. 12)

1.  In section 6(1A) of the Industrial and Provident Societies Act 1965(1) (exception to maximum shareholding in society) after “Act 2000” insert “or the power in section 1 of the Localism Act 2011”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

2.  The Nationality, Immigration and Asylum Act 2002 is amended as follows.

3.  In section 55(4) (provisions under which an authority may not provide or arrange for the provision of support following late claim of asylum)—

(a) omit “and” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert—

“, and

(d) section 1 of the Localism Act 2011 (local authority’s general power of competence)”.

4.  In paragraph 1(1) of Schedule 3 (enactments under which a person to whom the paragraph applies shall not be eligible for support or assistance) (2) after paragraph (k) insert—

“(ka) section 1 of the Localism Act 2011 (local authority’s general power of competence),”.

Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002

5.  In article 2(2) of the Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002(3) (designation of certain bodies as public bodies) after “Act 2000” insert “or section 1 of the Localism Act 2011”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

6.  In section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (interpretation), in paragraph (c)(i) of the definition of “English local authority social service”(4) after “(c. 22)” insert “or section 1 of the Localism Act 2011”.

Service Charges (Consultation Requirements) (England) Regulations 2003

7.  In regulation 3(1)(b)(ii) of the Service Charges (Consultation Requirements)(England) Regulations 2003(5) (management agreements between local authorities and certain bodies not to be qualifying long term agreements) after “Act 2000” insert “or section 1 of the Localism Act 2011”.

Education and Inspections Act 2006 (c. 40)

8.  In section 135(2) of the Education and Inspections Act 2006 (definition of “related activity” in relation to a function to which Chapter 4 of Part 8 of the Act applies) after “(promotion of economic or social well-being)” insert “or section 1 of the Localism Act 2011 (local authority’s general power of competence)”.

Health and Social Care Act 2008 (c. 14)

9.  In section 97(1) of the Health and Social Care Act 2008 (general interpretation of Part 1) in paragraph (b) of the definition of “adult social services” after “(c. 22)” insert “or section 1 of the Localism Act 2011”.

Local Government Pension Scheme (Administration) Regulations 2008

10.  In Schedule 2 to the Local Government Pension Scheme (Administration) Regulations 2008(6) (which sets out scheme employers) in paragraph 22 of Part 1 after “Act 2000” insert “or section 1 of the Localism Act 2011”.

(1)

Section 6(1A) was inserted by S.I. 2010/866.

(2)

Paragraph 1(1) was amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, paragraph 229 and the Children and Young Persons Act 2008 (c. 23) , section 22(6).

(3)

S.I. 2002/522.

(4)

The definition of “English local authority social service” was amended by the Education and Inspections Act 2006 (c. 40), Schedule 14 paragraphs 82 and 93.

(5)

S.I. 2003/1987, to which there are amendments not relevant to this Order.

(6)

S.I. 2008/239, to which there are amendments not relevant to this Order