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Welsh Statutory Instruments

2012 No. 887 (W.118) (C.26)

FIRE AND RESCUE SERVICES, ENGLAND AND WALES

LOCAL GOVERNMENT, WALES

HOUSING, WALES

The Localism Act 2011 (Commencement No. 2 and Saving Provision) (Wales) Order 2012

Made

14 March 2012

Coming into force

1 April 2012

The Welsh Ministers make the following Order in exercise of the powers conferred upon them by section 240(3), (4) and (7) of the Localism Act 2011(1).

Title and interpretation

1.—(1) The title of this Order is the Localism Act 2011 (Commencement No. 2 and Saving Provision) (Wales) Order 2012.

(2) In this Order—

the Act” (“y Ddeddf”) means the Localism Act 2011; and

“the 2004 Act” (“Deddf 2004”) means the Fire and Rescue Services Act 2004(2).

Appointed day for provisions coming into force in relation to England and Wales

2.  The appointed day for the coming into force of the following provisions of the Act so far as relating to England and Wales is 1 April 2012—

(a)section 9(1) so far as it inserts—

(i)new sections 5A and 5B of the 2004 Act so far as relating to fire and rescue authorities in Wales,

(ii)new sections 5C and 5D of the 2004 Act so far as relating to power of the Welsh Ministers to make orders, and

(iii)new sections 5F to 5L of the 2004 Act;

(b)section 9(2) so far as relating to fire and rescue authorities in Wales;

(c)section 9(3), (6) and (7)(a) and (c);

(d)section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d) of the 2004 Act;

(e)section 9(7)(b) so far as it inserts new section 62(1A)(b) of the 2004 Act so far as relating to power of the Welsh Ministers to make orders;

(f)section 10(1) to (3) and (5) so far as relating to fire and rescue authorities in Wales;

(g)section 10(4);

(h)so far as they relate to fire and rescue authorities in Wales, the entries for sections 5 and 19 of the 2004 Act in Part 2 of Schedule 25, and section 237 so far as relating to those entries; and

(i)the entry for section 62(3) of the 2004 Act in Part 2 of Schedule 25, and section 237 so far as relating to that entry.

Appointed day for provisions coming into force in relation to Wales

3.  The appointed day for the coming into force of the following provisions of the Act so far as relating to Wales is 1 April 2012—

(a)section 46;

(b)subject to article 4, section 162(3)(b) and (c); and

(c)Parts 7 and 10 of Schedule 25, and section 237 so far as relating to those Parts.

Saving provision

4.—(1) The following saving provision has effect.

(2) The amendments made by section 162(3)(b) and (c) of the Act apply in respect of a tenancy where the secure tenant referred to in section 89(1) or 90(1) (as the case may be) of the Housing Act 1985(3) (“the previous tenant”) died on or after 1 April 2012.

(3) Those amendments do not apply where the previous tenant died before that date.

(4) Words and phrases used in this article have the same meaning as in Part 4 of and Schedule 2 to the Housing Act 1985.

Carl Sargeant

Minister for Local Government and Communities, one of the Welsh Ministers.

14 March 2012

Explanatory Note

(This note is not part of the Order)

This is the second Commencement Order made by the Welsh Ministers under the Localism Act 2011 (“the Act”).

Article 2 of the Order brings into force on 1 April 2012, in relation to England and Wales, parts of sections 9 and 10 which relate to the powers of fire and rescue authorities in Wales.

Article 3 brings into force on 1 April 2012, in relation to Wales, section 46 which repeals provisions within the Local Democracy, Economic Development and Construction Act 2009 about petitions to local authorities; section 162(3)(b) and (c) which makes amendments to the grounds for the recovery of possession in relation to secure tenancies after a previous tenant’s death; and related repeal provisions within section 237 and Schedule 25.

Article 4 makes a saving provision.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force in relation to Wales on 31 January 2012 by the Localism Act 2011 (Commencement No. 1) (Wales) Order 2012 (2012/193) (W.31) (C.6);

(a)Sections 38 to 43; and

(b)Section 69.

The following provisions of the Act have been brought into force in England and Wales by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
*

These provisions also extend to Scotland (see section 239 of the Act) and were brought into force in relation to Scotland by the same Order.

Section 1(1) to (6)18.2.20122012/411 (C. 11)
Sections 2 to 718.2.20122012/411 (C. 11)
Section 8(2)3.12.20112011/2896 (C.103)
Section 8 (so ar as not already in force)18.2.20122012/411 (C. 11)
Sections 9 and 10 (partially)18.2.20122012/411 (C. 11)
Sections 11 to 1418.2.20122012/411 (C. 11)
Section 153.12.20112011/2896 (C. 103)
Section 193.12.20112011/2896 (C. 103)
Section 20 (partially)3.12.20112011/2896 (C.103)
Chapter 4 of Part 1 (so far as not already in force)15.1.20122012/57 (C. 2)
Section 21 partially) and Schedule 2 (partially)3.12.20112011/2896 (C.103)
Section 21 and Schedule 2 (so far as not already in force)15.1.20122012/57 (C. 2)
Section 22 (partially) and Schedule 3 (partially)3.12.20112011/2896 (C. 103)
Section 22 (partially) and Schedule 3 (partially)15.1.20122012/57 (C. 2)
Section 2415.1.20122012/57 (C. 2)
Section 26 (partially) and Schedule 4 (partially)31.1.20122012/57 (C. 2)
Section 30 (partially)31.1.20122012/57 (C. 2)
Section 36 (partially)15.1.20122012/57 (C. 2)
Section 7015.1.20122012/57 (C.2)
Sections 72 to 79 and Schedules 5 to 73.12.20112011/2896 (C. 103)
Section 11515.1.20122012/57 (C. 2)
Sections 116 (partially) and 121 (partially) and Schedules 10 to 12 (partially)15.1.20122012/57 (C. 2)
Section 124(2) (partially)15.1.20122012/57 (C. 2)
Section 128(2) * and Schedule 13 (partially) *15.1.20122012/57 (C. 2)
Section 129 (partially) *15.1.20122012/57 (C. 2)
Section 138(5) (partially) *15.1.20122012/57 (C. 2)
Section 142(3) (partially) *15.1.20122012/57 (C .2)
Section 145 (partially)15.1.20122012/57 (C. 2)
Section 146 (partially) and 147(2), (3), (4) and (5) (partially)15.1.20122012/57 (C. 2)
Section 147(1) and (6)15.1.20122012/57 (C. 2)
Section 150(1), (2) and (4) to (8)15.1.20122012/57 (C. 2)
Sections 151 and 15215.1.20122012/57 (C. 2)
Section 153 (partially)15.1.20122012/57 (C. 2)
Section 154 (partially)15.1.20122012/57 (C. 2)
Section 158 (partially)15.1.20122012/57 (C. 2)
Section 165 (partially)15.1.20122012/57 (C. 2)
Section 17615.1.20122012/57 (C. 2)
Section 178 (partially) and Schedule 16 (partially)15.1.20122012/57 (C. 2)
Section 186 (partially)15.1.20122012/57 (C. 2)
Section 187(1) and (2)15.1.20122012/57 (C. 2)
Section 187 (3) and (4) (partially)15.1.20122012/57 (C. 2)
Section 19015.1.20122012/57 (C. 2)
Section 191 (2) to (5)15.1.20122012/57 (C. 2)
Sections 193 and 19415.1.20122012/57 (C. 2)
Section 195 (partially)15.1.20122012/57 (C. 2)
Section 197 (3)(e), (f) and (5)15.1.20122012/57 (C. 2)
Sections 223 and 22415.1.20122012/57 (C. 2)
Section 23015.1.20122012/57 (C. 2)
Section 237 (partially) and Part 4 of Schedule 25 (partially) and Parts 9, 11 to 13 and 25 of Schedule 2515.1.20122012/57 (C. 2)
Section 237 (partially) and Part 5 of Schedule 25 (partially)31.1.20122012/57 (C. 2)
Section 237 (partially) and Parts 2 and 3 (partially) of Schedule 2518.2.20122012/411 (C. 11)

The following provisions of the Act have been brought into force in England by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 6815.1.20122012/57 (C. 2)
Section 69(8)3.12.20112011/2896 (C. 103)
Section 69 (partially)15.1.20122012/57 (C. 2)
Section 237 (partially) and Part 9 of Schedule 2515.1.20122012/57 (C. 2)