The National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001

Transitional provision

3.—(1) On the day an authority’s code of conduct is adopted or applied(1) to it, the following shall, where applicable to the authority, be disapplied as respects that authority until 27th November 2002—

(a) paragraphs 9 and 10 of Schedule 7 to the Environment Act 1995(2);

(b) section 19 of the Local Government and Housing Act 1989(3);

(c) in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b)(4); and

(d) section 18 of the Audit Commission Act 1998(5).

(2) Section 16(1) of the Interpretation Act 1978(6) shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.

(1)

See section 51(2) and (5) of the Local Government Act 2000 for the requirements for authorities to adopt a code of conduct and for provision applying the mandatory provisions of this Order.

(2)

These provisions state that sections 94 to 98 of the Local Government Act 1972 and sections 19 and 31 of the Local Government and Housing Act 1989 shall have effect as if a National Park authority were a local authority. The provisions disapplied are to be repealed under Schedule 6 of the Local Government Act 2000 at a date to be appointed.

(3)

1989 c. 42. Under section 107 of, paragraph 25 and 26 of Schedule 5 to and Schedule 6 to the Local Government Act 2000, this provision is to be repealed at a date to be appointed.

(4)

1998 c. 18. Section 17 was amended by paragraphs 1, 6(1) and (2)(a) of Schedule 8 to and section 133 of the Greater London Authority Act 1999 and by Schedule 7 to and section 137 of the Criminal Justice and Police Act 2001. The provisions disapplied are to be repealed under section 90(2) of the Local Government Act 2000 at a date to be appointed.

(5)

Section 18 was amended by paragraph 7 of Schedule 8 to the Greater London Authority Act 1999. This provision is to be repealed under section 90(3) of the Local Government Act 2000, at a date to be appointed.

(6)

1978 c. 30.