The Local Authorities (Charges for Overseas Assistance and Public Path Orders) Regulations 1996

Made24th July 1996

Coming into force

for the purposes of regulation 3(2)1st April 1997

for all other purposes25th July 1996

The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales, and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by sections 150, 152(5) and 190 of the Local Government and Housing Act 19891, and of all other powers enabling them in that behalf, after consultation with such representatives of local government (as respects England and Wales) and associations of local authorities (as respects Scotland) as appear to them to be appropriate, hereby make the following Regulations, a draft of which has been laid before, and has been approved by resolution of, each House of Parliament:

Citation and commencement1

These Regulations may be cited as the Local Authorities (Charges for Overseas Assistance and Public Path Orders) Regulations 1996 and shall come into force for the purposes of regulation 3(2) on 1st April 1997 and for all other purposes on the day after the day on which they are made.

Overseas assistance2

1

A relevant authority may impose a charge for providing advice or assistance in accordance with section 1 of the Local Government (Overseas Assistance) Act 19932.

2

The amount of a charge under this regulation is to be at the discretion of the relevant authority and, in determining that amount, the authority shall have regard to its costs in providing the advice or assistance in question.

3

In this regulation, “relevant authority” means an authority (other than a joint committee) which is mentioned in any of the following provisions of section 152 of the Local Government and Housing Act 19893—

a

paragraphs (a) to (f), (h), (i), (ja), and (k) to (m) of subsection (2), and

b

paragraphs (a) and (e) of subsection (3).

Public path orders3

1

The Local Authorities (Recovery of Costs for Public Path Orders) Regulations 19934 are amended as follows.

2

In regulation 2(1), in the definition of “authority”, for the words from “a joint or special planning board” to “the Local Government Act 1972” there is substituted “a National Park authority”.

3

Regulation 4(2) is omitted.

Signed by authority of the Secretary of State

Paul BeresfordParliamentary Under Secretary of State,Department of the Environment18th July 1996

Gwilym JonesParliamentary Under Secretary of State, Welsh Office22nd July 1996

George KynochParliamentary Under Secretary of State, Scottish Office24th July 1996

(This note is not part of the Regulations)

Regulation 2 of these Regulations enables local authorities in England, Wales and Scotland to make charges for providing advice or assistance in accordance with the Local Authorities (Overseas Assistance) Act 1993. The amount of the charges is to be at the discretion of the charging authority, which is required in setting charges to have regard to the costs of providing the advice or assistance in question.

Regulation 3, which extends to England and Wales only, amends the Local Authorities (Recovery of Costs for Public Path Orders) Regulations 1993 so that the ceiling on charges for the making of a public path order is removed. It also amends those Regulations in consequence of the establishment of National Park authorities pursuant to Part III of the Environment Act 1995.