The Local Authorities (Charges for Property Searches) (Disapplication) Wales) Order 2009

Explanatory Note

(This note is not part of the Order)

This Order disapplies section 93(1) of the Local Government Act 2003 in Wales in connection with certain property searches. The Welsh best value authorities to which this Order applies are set out in article 4.

Under article 1(2), this Order comes into force when the Local Authorities (Charges for Land Searches) Regulations 1994 are revoked in relation to Wales. Those Regulations were made under section 150 of the Local Government and Housing Act 1989, and once revoked, will be replaced with further Regulations to be made under section 150 in respect of charges for property searches. These Regulations will be made separately for Wales and England. A similar Disapplication Order is also being made for England (S.I. 2008/2909).

Section 93(1) of the Local Government Act 2003 enables best value authorities to charge for services and its disapplication will enable the draft Regulations to be made under section 150 of the Local Government and Housing Act 1989 which are laid before the National Assembly for Wales on the same day as this Order. Otherwise, section 150(1)(b) permits such Regulations to be made only in respect of anything “in respect of which there is no power or duty to impose a charge apart from the regulations”.

A regulatory impact assessment has been prepared in connection with these Regulations and a copy can be obtained from the Welsh Assembly Government, Housing Directorate, Rhydycar, Merthyr Tydfil, CF48 1UZ (telephone [phone]).