Statutory Instruments
LONDON GOVERNMENT
Made
11th June 2000
Laid before Parliament
12th June 2000
Coming into force
3rd July 2000
In exercise of the powers conferred on him by section 405(1) of the Greater London Authority Act 1999(1), the Secretary of State hereby makes the following Order:
1. This Order may be cited as the Greater London Authority Act 1999 (Consequential Amendments of Subordinate Legislation) (Fire etc Authority) Order 2000 and shall come into force on 3rd July 2000.
2. The instruments specified in the Schedule to this Order are hereby amended as specified in that Schedule.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
11th June 2000
1. In regulation 1(3) of the Local Authority (Stocks and Bonds) Regulations 1974(2), in the definition of “local authority” before “a residuary” insert “the London Fire and Emergency Planning Authority,”.
2. In article 2 of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986(3), in the definition of “successor authority” after “transport)” insert “the London Fire and Emergency Planning Authority,”.
3. In article 4(2)(a) and (3) of the Local Government Reorganisation (Miscellaneous Provisions) Order 1990(4) omit the words “and to the London Fire and Civil Defence Authority”.
4.—(1) The Local Authorities (Members Allowances) Regulations 1991(5) are amended as follows.
(2) For regulation 4 (members of authorities to be treated as councillors for the purposes of section 18 of the Local Government and Housing Act 1989(6)) there is substituted—
“4. For the purposes of section 18 of the 1989 Act, a member of—
(a)a joint authority who is appointed to that authority by a metropolitan district council, a London borough council, Northumberland County Council or the Common Council of the City of London,
(b)the London Fire and Emergency Planning Authority who is appointed to that authority by the Mayor on the nomination of the London borough councils acting jointly,
shall be treated as if he were a councillor, and references in Parts II to IV to councillors shall be construed accordingly.”.
(3) In regulation 5(1)(a)(7), after “district or London borough council,” insert “the London Fire and Emergency Planning Authority”.
(4) In regulation 5(2)(b)(8), after “joint authority” insert “, the London Fire and Emergency Planning Authority”.
5. In regulation 3(1) of the Public Works Contracts Regulations 1991(9), after sub-paragraph (g) insert “(gg) the London Fire and Emergency Planning Authority;”.
6. In regulation 3(1) of the Public Services Contracts Regulations 1993(10), after sub-paragraph (g) insert “(gg) the London Fire and Emergency Planning Authority,”.
7. In the Local Government Pension Scheme Regulations 1995(11), in
(a)Part I of Schedule B1, and
(b)paragraph 3(b)(iv) of Part I of Schedule C1 (persons whose fund is the pension fund maintained by London Pensions Fund Authority),
for “London Fire and Civil Defence Authority established by section 27 of that Act” substitute “London Fire and Emergency Planning Authority”.
8. In regulation 3(1) of the Public Supply Contracts Regulations 1995(12), after sub-paragraph (g) insert “(gg) the London Fire and Emergency Planning Authority,”.
9. In regulation 158(e) of the Local Authorities (Capital Finance) Regulations 1997(13), for “London Fire and Civil Defence Authority established by Part IV of the Local Government Act 1985” substitute “London Fire and Emergency Planning Authority”.
(This note is not part of the Order)
This Order amends the secondary legislation specified in the Schedule to the Order in consequence of the Greater London Authority Act 1999 (“the 1999 Act”).
Section 328 of the 1999 Act reconstitutes the London Fire and Civil Defence Authority (which was originally established under Part IV of the Local Government Act 1985) as the London Fire and Emergency Planning Authority (“the Fire etc Authority”). By the Greater London Authority Act 1999 (Commencement No. 5 and Appointment of Reconstitution Day) Order 2000 (S.I. 2000/1094 (C. 33)), 3rd July 2000 was appointed as the reconstitution day.
Section 328(5) of the 1999 Act provides that in construing any enactment (including secondary legislation), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under Part IV of the Local Government Act 1985.
This Order amends secondary legislation to provide for its application to the Fire etc Authority in cases where, but for this Order, the secondary legislation would have ceased to apply by virtue of section 328(5) of the 1999 Act.
S.I. 1974/519, as amended by S.I. 1986/1345.
S.I. 1991/351; relevant amending instruments are S.I. 1995/553 and S.I. 1996/469.
Regulation 5(1) was substituted by S.I. 1996/469.
Regulation 5(2)(b) was amended by S.I. 1996/469.
S.I. 1995/1019; relevant amending instrument is 1996/1428.