PART 1

Local Government
CHAPTER 1

General powers of authorities

Procedure for orders under section 5
7
1
If, as a result of any consultation required by section 5(7) and (8) with respect to a proposed order under section 5(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.
2
If, after the conclusion of the consultation required by section 5(7) and (8) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5(1), the Secretary of State must lay before Parliament—
a
a draft of the order, and
b
an explanatory document explaining the proposals and giving details of—
i
the Secretary of State’s reasons for considering that the conditions in section 6(2), where relevant, are satisfied in relation to the proposals,
ii
any consultation undertaken under section 5(7) and (8) and subsection (1),
iii
any representations received as a result of the consultation, and
iv
the changes (if any) made as a result of those representations.
3
Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—
a
section 18(11) of that Act were omitted,
b
references to section 14 of that Act were references to subsection (2), and
c
references to the Minister were references to the Secretary of State.
4
Provision under section 5(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5(2) and give details of any consultation undertaken under section 5(7) with respect to those proposals.
5
Section 5(7) does not apply to an order under section 5(3) or (4) which is made only for the purpose of amending an earlier such order—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.