The Localism Act 2011 (Commencement No. 2 and Transitional and Saving Provision) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 15th January 2012 various provisions of the Localism Act 2011 (c. 20) (so far as not already in force) in relation to England and Wales.

The provisions are: Chapter 4 of Part 1 (transfer and delegation of functions to certain authorities), sections 21, 22, and Schedules 2 and 3 (governance of English local authorities)(partially), section 24 (timetables for changing English district councils’ electoral schemes), section 36 (amendment of section 27 following abolition of the Metropolitan Police Authority)(partially), section 68 (business rates supplement)(England only), section 69(1) to (7) (non-domestic rates; discretionary relief)(partially)(England only), section 70 (small business relief)(partially), section 71 (cancellation of liability to backdated rates), section 115 (use of community infrastructure levy), sections 116 and 121 and Schedules 10, 11 and 12 (neighbourhood planning)(partially), section 124(2) (enforcement)(partially), section 145 (allocation of social housing)(partially), 146 and 147(2) to (5) (allocation of social housing)(partially), 147(1) and (6) (allocation of social housing), section 150 (social housing tenure: tenancy strategies)(except subsection(3)), sections 151 and 152 (social housing: tenancy strategies), section 153 (social housing: tenancy strategies)(partially), section 154 (flexible tenancies) (partially), section 158(transfer of tenancies)(partially), section 165 (assured short-hold tenancies: rights to acquire)(partially), section 176 (housing mobility), section 186 (removal of limitations on Greater London Authority’s general power)(partially), section 187 (new housing and regeneration functions for GLA)(partially), section 190 (transfer of property of Homes and Communities Agency), section 191(2) to (5) (abolition of London Development Agency and transfer of its property etc), sections 193 and 194 (transfer schemes: general provisions); section 195 (consequential amendments)(partially), section 197(3)(e) and (f) and (5) (designation of Mayoral development areas); section 223 (delegation to the Mayor of London of Ministers’ functions), section 224 (which enables the Secretary of State to make an order requiring the Greater London Authority to carry out specified activities through a taxable body such as a limited company), and section 230 (which permits the Greater London Authority to share administrative services with certain bodies and enables the Secretary of State to make orders adding to the list of such bodies), Schedule 16 and section 178 (transfer of functions from Office for Tenants and Social Landlords to HCA)(partially), Schedule 24 and section 233 (transfer and transfer schemes: tax provisions)(partially) and Schedule 25 and section 237 (repeals and revocations)(partially) (articles 3 and 4).

The Order brings into force on 15th January 2012 in relation to England, Wales and Scotland section 128 and Schedule 13 (abolition of Infrastructure Planning Commission)(partially), section 129 (transitional provision in connection with abolition - partially), section 138(5) (procedural changes relating to applications for development consent)( partially), section 142(3) (changes to notice requirements for compulsory acquisition)(partially) (article 2).

The Order brings into force on 31st January 2012 the provisions in Schedule 4 to the Act (conduct of local authority members) necessary to end the involvement of the Standards Board for England in the investigation of allegations of misconduct by members and co-opted members of relevant authorities in England. Transitional and savings provisions have the effect that any cases under investigation by the Standards Board on 31st January 2012 are sent back to be dealt with by the standards committee of the relevant authority of which the person under investigation is a member or co-opted member (articles 5, 6 and 8).

The Order also makes transitional provision in relation to local authority governance, so that where a local authority in England has previously held a referendum to change governance arrangements under Part 2 of the Local Government Act 2000, it may not hold a referendum under the new Part 1A for a period of ten years from the date of the earlier referendum. That referendum will also count for the purposes of section 9M(2)(b). Regulations made under sections 34 or 45 are saved until such time as Regulations made under section 9MC or 9MG come into force. Where a local authority, including its counting officer, or local elector has taken steps in relation to referendums or petitions for referendums under Regulations made under sections 34 or 45 of the 2000 Act, they may continue as if they had taken those steps under new Regulations made under sections 9MC and 9MG. Resolutions for local authority elections by thirds or by halves under the Local Government and Public Involvement in Health Act 2007 are to be disregarded for the moratorium period in section 31A of that Act, if they were passed prior to 15th January 2012. (articles 6 and 7).

This Order also makes transitional provision in relation to the operation of Small Business Rate Relief, in relation to development plan documents and in relation to references to the Housing Act 1996 (articles 6, 9, 10 and 11).