2007 No. 3136 (C. 125)
LOCAL GOVERNMENT, ENGLAND

The Local Government and Public Involvement in Health Act 2007 (Commencement No. 1 and Savings) Order 2007

Made
The Secretary of State, in exercise of the powers conferred by section 245 of the Local Government and Public Involvement in Health Act 20071, makes the following Order:

Citation, application and interpretation1.

(1)

This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 1 and Savings) Order 2007, and shall apply in relation to local authorities in England only.

(2)

In this Order—

“the Act” means the Local Government and Public Involvement in Health Act 2007;

“the 1972 Act” means the Local Government Act 19722;
“the 1992 Act” means the Local Government Act 19923.

Commencement2.

Subject to article 3, the following provisions of the Act come into force on the day following the day on which this Order is made—

(a)

Part 1 (structural and boundary change in England);

(b)

Schedule 1; and

(c)

the entries in Part 1 of Schedule 18, and section 241 so far as relating to that Part of that Schedule.

Savings3.

(1)

Section 7(6) of the 1972 Act (elections of councillors)4, and orders5 treated as made under section 17 of the 1992 Act (implementation of recommendations by order)6 by virtue of section 7(6), shall continue to have effect as though section 17 of the 1992 Act, and section 26 (orders etc. under Part 2) of that Act in so far as it applies in relation to section 17, were not amended by, respectively, paragraphs 6 and 10 of Schedule 1 to the Act, nor repealed (in part) by Part 1 of Schedule 18 to the Act.

(2)

The amendments to, and repeals (in part) of sections 17 and 26 of the 1992 Act mentioned in paragraph (1) of this article shall not affect the continuing operation of—

(a)

orders made by the Secretary of State for the purpose of giving effect (with or without modifications) to recommendations made by the Electoral Commission to the Secretary of State for structural or boundary changes7; and

(b)

orders making incidental, consequential, supplementary or transitional provision for the purposes or in consequence of orders of the description mentioned in sub-paragraph (a)8.

(3)

A county council which, by the operation of section 18(1)(a) of the 1992 Act (consequences of structural changes etc.)9, is a billing authority for the purposes of Part 1 of the Local Government Finance Act 199210, shall continue to enjoy that status and section 18 of the 1992 Act shall continue to apply in relation to that council as though it were not repealed by paragraph 7 of Schedule 1 and Part 1 of Schedule 18 to the Act.

(4)

In the Local Government and Rating Act 199711—

(a)

the references in sections 17(4) (electoral arrangements)12 and 20(2)(a) (election of parish councillors) to section 17 of the 1992 Act shall continue to have effect as though section 17 of the 1992 Act were not amended nor repealed (in part) as described in paragraph (1) of this article;

(b)

the definition of “structural change” in section 20(3) and the use of that expression in section 20(2) shall continue to have effect as though section 14 of the 1992 Act (changes that may be recommended)13 were not amended by paragraph 3 of Schedule 1 to the Act nor repealed (in part) by Part 1 of Schedule 18 to the Act;

(c)

the reference in section 23(9) (orders and regulations under Part 2) to section 20 of the 1992 Act shall continue to have effect as though section 20 were not repealed by paragraph 9 of Schedule 1 and Part 1 of Schedule 18 to the Act; and

(d)

the amendments to and repeal (in part) of section 17 and the repeal of section 20 of the 1992 Act mentioned in this paragraph shall not affect the continuing operation of orders made under sections 14 (implementation by the Secretary of State), 16 (establishment of new parish councils), or 17 (electoral arrangements) of the Local Government and Rating Act 199714.

(5)

Nothing in this Order shall affect the continuing operation of regulations of general application made under section 19 of the 1992 Act (regulations for supplementing orders)15 or section 15 of the 1997 Act (regulations for supplementing orders under section 14)16.

(6)

Nothing in this Order shall affect the continuing validity of agreements made under section 20(1) of the 1992 Act (agreements as to incidental matters) between public bodies affected by orders under Part 2 of the 1992 Act, and section 20 of the 1992 Act shall continue to apply in relation to such agreements as though it were not repealed by paragraph 9 of Schedule 1 and Part 1 of Schedule 18 to the Act.

(7)

Nothing in this Order shall affect the continuing operation of Schedule 1 to the Greater London Authority Act 1999 (assembly constituencies and orders under section 2(4))17, and in particular, references in paragraph 1 of that Schedule to sections 13, 14, or 15 of the 1992 Act shall continue to have effect as though those sections were not amended by, respectively, paragraphs 2, 3 or 4 of Schedule 1 nor repealed (in part) by Part 1 of Schedule 18 to the Act.
John Healey
Minister of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into force Part 1 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (“the Act”) together with related consequential amendments and repeals in Schedules 1 and 18 to the Act. Part 1 of the Act makes provision enabling structural and boundary changes for local government in England. Until such time as any changes are made under the provisions of Part 1, existing local government structures and boundaries need to be retained, and this Order makes savings (by article 3) for that purpose.