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The Local Government Byelaws (Wales) Act 2012 (Commencement No. 3) Order 2018

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Welsh Statutory Instruments

2018 No. 550 (W. 92) (C. 44)

Local Government, Wales

The Local Government Byelaws (Wales) Act 2012 (Commencement No. 3) Order 2018

Made

12 April 2018

The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 22(2) of the Local Government Byelaws (Wales) Act 2012(1).

Title

1.  The title of this Order is the Local Government Byelaws (Wales) Act 2012 (Commencement No. 3) Order 2018.

Appointed day

2.  8 May 2018 is the appointed day for the coming into force of paragraph 9(4) of Schedule 2 to the Local Government Byelaws (Wales) Act 2012(2).

Alun Davies

Cabinet Secretary for Local Government and Public Services, one of the Welsh Ministers

12 April 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This is the third commencement order made by the Welsh Ministers under the Local Government Byelaws (Wales) Act 2012 (“the 2012 Act”).

Article 2 of this Order provides that 8 May 2018 is the appointed day for the coming into force of paragraph 9(4) of Schedule 2 to the 2012 Act. Paragraph 9(4) of Schedule 2 to the 2012 Act was the only provision of the 2012 Act not already in force.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2012 Act have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
section 1 (overview)31 March 2015S.I. 2015/1025 (W. 74)
section 2 (byelaws for good rule and government and suppression of nuisances)31 March 2015S.I. 2015/1025 (W. 74)
section 3 (meaning of “legislating authority”)31 March 2015S.I. 2015/1025 (W. 74)
section 4 (revocation by a legislating authority)31 March 2015S.I. 2015/1025 (W. 74)
section 5 (revocation by the Welsh Ministers)31 March 2015S.I. 2015/1025 (W. 74)
section 6 (byelaws not requiring confirmation) and Part 1 of Schedule 131 March 2015S.I. 2015/1025 (W. 74)
section 7 (byelaws requiring confirmation)31 March 2015S.I. 2015/1025 (W. 74)
section 8 (formalities, commencement and publication of byelaws)31 March 2015S.I. 2015/1025 (W. 74)
section 9 (power to amend Part 1 of Schedule 1 to the 2012 Act)15 August 2014S.I. 2014/2121 (W. 207)
section 10 (offences against byelaws)31 March 2015S.I. 2015/1025 (W. 74)
section 11 (section 2 byelaws; powers of seizure etc)31 March 2015S.I. 2015/1025 (W. 74)
section 12(13) (power to make regulations to prescribe conditions to be satisfied by a person before a community council may authorise the person to give fixed penalty notices under the 2012 Act)15 August 2014S.I. 2014/2121 (W. 207)
section 12 (power to offer fixed penalties for offences against certain byelaws) in so far as it is not already in force and Part 2 of Schedule 131 March 2015S.I. 2015/1025 (W. 74)
section 13(3) (power to make regulations in connection with the amount of fixed penalties)15 August 2014S.I. 2014/2121 (W. 207)
section 13(4) (power to require the amount of a fixed penalty to fall within a prescribed range and to restrict the extent to which, and the circumstances in which, an authority can make provision under section 13(1)(b) of the 2012 Act)15 August 2014S.I. 2014/2121 (W. 207)
section 13 (amount of fixed penalty) in so far as it is not already in force31 March 2015S.I. 2015/1025 (W. 74)
section 14 (power to require name and address in connection with fixed penalty)31 March 2015S.I. 2015/1025 (W. 74)
section 15 (use of fixed penalty receipts)31 March 2015S.I. 2015/1025 (W. 74)
section 16 (power to amend Part 2 of Schedule 1 to the 2012 Act)15 August 2014S.I. 2014/2121 (W. 207)
section 17 (Community Support Officers etc)31 March 2015S.I. 2015/1025 (W. 74)
section 18 (guidance) in so far as it is not already in force31 March 2015S.I. 2015/1025 (W. 74)
section 19 (evidence of byelaws)31 March 2015S.I. 2015/1025 (W. 74)
section 20 (consequential amendments) and Schedule 2 but not paragraph 9(4) of that Schedule31 March 2015S.I. 2015/1025 (W. 74)

See also section 22(1) of the 2012 Act for provisions that came into force on 30 November 2012 (the day after the day on which the 2012 Act received Royal Assent).

(1)

2012 anaw 2.

(2)

Paragraph 9(4) of Schedule 2 to the Local Government Byelaws (Wales) Act 2012 was amended by section 73 of, and paragraph 6 of Schedule 1 to, the Local Government (Democracy) (Wales) Act 2013 (anaw 4).

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