The Localism Act 2011 (Consequential Amendments) Order 2012
A draft of this Order has been approved by a resolution of each House of Parliament in accordance with section 235(6) of that Act.
Citation and commencement
1.
(1)
This Order may be cited as the Localism Act 2011 (Consequential Amendments) Order 2012.
(2)
This Order comes in to force on the day after the day on which it is made with the exception of Article 3 and Schedule 2, which come into force on 6th April 2012.
Amendments to enactments
2.
The amendments specified in Schedule 1 to this Order shall have effect.
3.
The amendments specified in Schedule 2 to this Order shall have effect.
4.
The amendments specified in Schedule 3 to this Order shall have effect.
SCHEDULE 1General powers of authorities: consequential amendments
Industrial and Provident Societies Act 1965 (c. 12)
1.
Nationality, Immigration and Asylum Act 2002 (c. 41)
2.
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
3.
In section 55(4) (provisions under which an authority may not provide or arrange for the provision of support following late claim of asylum)—
(a)
omit “and” at the end of paragraph (b), and
(b)
“, and
(d)
section 1 of the Localism Act 2011 (local authority’s general power of competence)”.
4.
“(ka)
section 1 of the Localism Act 2011 (local authority’s general power of competence),”.
Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002
5.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
6.
Service Charges (Consultation Requirements) (England) Regulations 2003
7.
Education and Inspections Act 2006 (c. 40)
8.
In section 135(2) of the Education and Inspections Act 2006 (definition of “related activity” in relation to a function to which Chapter 4 of Part 8 of the Act applies) after “(promotion of economic or social well-being)” insert “or section 1 of the Localism Act 2011 (local authority’s general power of competence)”.
Health and Social Care Act 2008 (c. 14)
9.
In section 97(1) of the Health and Social Care Act 2008 (general interpretation of Part 1) in paragraph (b) of the definition of “adult social services” after “(c. 22)” insert “or section 1 of the Localism Act 2011”.
Local Government Pension Scheme (Administration) Regulations 2008
10.
SCHEDULE 2Compensation for compulsory acquisition: consequential amendments
Amendment of the Land Compensation Act 1961 (c. 33)
1.
(1)
The Land Compensation Act 1961is amended as follows.
(2)
(3)
The amendment made by sub-paragraph (2) does not apply—
(a)
in the case of an acquisition authorised by a compulsory purchase order if the order was made or confirmed by a Minister, or confirmed by another authority, before 6th April 2012,
(b)
in the case of an acquisition authorised by any other order if the order, so far as it authorises the acquisition became effective before 6th April 2012, or
(c)
in the case of an authorisation authorised by a special enactment if the special enactment was enacted before 6th April 2012.
(4)
(5)
In sub-paragraph (3)(c) “special enactment” means—
(a)
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
(b)
a provision which—
(i)
is contained in an Act other than a local or private Act, and
(ii)
authorises the compulsory acquisition of land specifically identified in that Act.
Amendment of the Local Government Act 1972 (c. 70)
2.
(1)
The Local Government Act 1972 is amended as follows.
(2)
(a)
in sub-paragraph (1)(a)—
(i)
for “class” substitute “description”, and
(ii)
for “classes” substitute “descriptions”;
(b)
in each of sub-paragraphs (4) and (5) for “class” substitute “description”; and
(c)
in sub-paragraph (6) for “specifies” substitute “identifies”.
(3)
The amendment made by sub-paragraph (2) does not apply—
(a)
in the case of an acquisition authorised by a compulsory purchase order if the order was made or confirmed by a Minister, or confirmed by another authority, before 6th April 2012,
(b)
in the case of an acquisition authorised by any other order, if the order so far as it authorises the acquisition became effective before 6th April 2012, or
(c)
in the case of an authorisation authorised by a special enactment if the special enactment was enacted before 6th April 2012.
(4)
In sub-paragraph (3)(a) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981.
(5)
In sub-paragraph (3)(c) “special enactment” means—
(a)
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
(b)
a provision which –
(i)
is contained in an Act other than a local or private Act, and
(ii)
authorises the compulsory acquisition of land specifically identified in that Act.
Amendment of the Highways Act 1980 (c. 66)
3.
(1)
The Highways Act 1980 is amended as follows.
(2)
(3)
The amendment made by sub-paragraph (2) does not apply in a case where section 16 of the Land Compensation Act 1961 applies (or would apply if it were relevant to the case).
SCHEDULE 3Neighbourhood planning: consequential amendments
Amendments to the Planning and Compulsory Purchase Act 2004 (c.5)
1.
(1)
The Planning and Compulsory Purchase Act 2004 is amended as follows.
(2)
In Schedule 8 (transitional provisions)—
(a)
“(d)
a neighbourhood development plan.”; and
(b)
“(c)
a neighbourhood development plan published under section 38B(5) of the principal Act.”.
Schedule 1 to this Order makes amendments consequential to the provisions of Chapter 1 of Part 1 of the Localism Act 2011. Section 1 of the Localism Act 2011 provides local authorities in England with a general power of competence (“the general power”). This will replace the power to promote well-being (section 2 of the Local Government Act 2000) (“the well-being power”) for those authorities. Section 2 of the Local Government Act 2000 is amended by Schedule 1 to the Localism Act 2011 so as to apply only to Welsh local authorities.
The Order amends various references in Acts and statutory instruments to the wellbeing power to refer to the general power of competence.
Schedule 2 to this Order makes amendments consequential to the provisions of section 232 of the Localism Act 2011, which amends Parts II and III of the Land Compensation Act 1961.
Section 232(2) amends the provisions relating to taking account of planning permission when assessing compensation by replacing sections 14, 15 and 16 of the Land Compensation Act 1961 with new sections 14 and 15. The amendments contained in paragraphs 1 and 3 of Schedule 2 amend the relevant Acts to reflect the absence of section 16.
Section 232(3) amends the provisions relating to certificates of appropriate alternative development by replacing sections 17 and 18 of the Land Compensation Act 1961 with new sections 17 and 18. The new provisions do not require the local planning authority to specify class or classes of development. The amendments contained in paragraph 2 of Schedule 2 amend the Local Government Act 1972 to reflect this.
Schedule 3 to this Order makes an amendment consequential to the provisions of Chapter 3 of Part 6 of the Localism Act 2011: neighbourhood planning in England. The Order amends Schedule 8 to the Planning and Compulsory Purchase Act 2004, which makes transitional provision in relation to old plans and policies. The amendments insert reference to neighbourhood development plans into the list of policies which are considered to be a new policy.
A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.