The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008

Made: 29th October 2008

Coming into force: 30th October 2008

After the expiry of the 60-day period mentioned in section 18 of that Act, and in accordance with section 18(7), the Secretary of State laid a revised draft Order and statement before Parliament, and the draft was approved by resolution of each House of Parliament.

Citation, commencement and extent

1

• (1) This Order may be cited as the Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 and shall come into force on the day after the day on which it is made.

• (2) This Order extends to England and Wales only.

Cancer treatment advertisements

2

In section 4 of the Cancer Act 1939 (prohibition of certain advertisements)³—

• (a) subsection (6) shall be repealed; and

• (b) for subsection (7), there shall be substituted—

(7) Each of the following may institute proceedings under this section— (a) a county council in England; (b) a non-metropolitan district council for an area in England for which there is no county council; (c) a London borough council; (d) the Common Council of the City of London; or (e) a county council or county borough council in Wales.

Hackney carriage licence zones

3

• (1) Subject to paragraph (2), in paragraph 25 of Schedule 14 to the Local Government Act 1972 (amendment and modification of Public Health Acts 1875 to 1925) (“paragraph 25”)⁴—

• (a) in sub-paragraph (1), for “sub-paragraphs (2) and (4)” there shall be substituted “sub-paragraph (2)”;

• (b) sub-paragraph (4) shall be repealed; and

• (c) in sub-paragraph (6)—

• (i) in paragraph (a), the words from “except” to “any area,” shall be omitted; and

• (ii) paragraph (b) and the preceding “and” shall be repealed.

• (2) Where, before the date on which this Order comes into force—

• (a) a local authority⁵, after giving the requisite notice, passes a resolution under paragraph 25 that section 171(4) of the Public Health Act 1875 (incorporation of certain provisions of the Town Police Clauses Act 1847⁶)⁷ shall apply throughout its area; and

• (b) that resolution is neither approved nor disapproved by the Secretary of State or, in relation to a local authority in Wales, the Welsh Ministers,

the date on which that resolution is to take effect shall be the date which is 35 days after the date on which this Order comes into force.

Overseas assistance

4

In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance)⁸—

• (a) in subsection (1), for “subsections (3) to (6)”, there shall be substituted “subsection (6)”; and

• (b) subsections (3), (4) and (5) shall be repealed.

Curriculum for pupil referral units - arrangements for complaints

5

In paragraph 6 of Schedule 1 to the Education Act 1996 (pupil referral units - curriculum)⁹, in sub-paragraph (3) the words “, with the approval of the Secretary of State,” shall be omitted.

Signed

Signed by authority of the Secretary of State

Kay Andrews — Parliamentary Under Secretary of State — Department for Communities and Local Government — 29th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order removes a number of burdens on local authorities caused by the need for them to seek consent of (depending on the case) the Attorney-General, the Secretary of State or Welsh Ministers, before taking certain actions. The Order extends to England and Wales only.

Section 4 of the Cancer Act 1939 provides that (with some exceptions) it is an offence for a person to take part in the publication of any advertisement containing an offer to treat any person for cancer, to prescribe a remedy for it or to give any advice in connection with the treatment of it. A prosecution for such an offence must not be instituted in England or Wales without the consent of the Attorney-General (subsection (6)) and, subject to that, a county council or county borough council has a duty to institute proceedings under section 4 (subsection (7)). This Order removes the burden of seeking such consent, by repealing subsection (6) and replacing subsection (7). The new subsection (7) provides the authority with a discretionary power to prosecute for an offence under section 4. The references to a council of a county or county borough in subsection (7) are also updated to reflect certain changes in local government structure and nomenclature since the date when the Cancer Act 1939 was passed (article 2).

Section 171(4) of the Public Health Act 1875 incorporates in that Act the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, under which taxis are licensed to ply for hire within a certain area. Paragraph 25 of Schedule 14 to the Local Government Act 1972 enables a local authority to resolve that section 171(4) of the Public Health Act 1875 shall apply throughout the authority’s area. By virtue of sub-paragraph (4) of paragraph 25, a resolution does not have effect unless approved by the Secretary of State or, in Wales, by Welsh Ministers (functions of the Secretary of State under paragraph 25 are exercisable by the Welsh Ministers concurrently with the Secretary of State). The burden on local authorities of seeking such approval is removed by this Order, which repeals sub-paragraph (4), and amends sub-paragraph (6), of paragraph 25 (article 3). Article 3 also includes a transitional provision for resolutions passed before the date on which this Order comes into force but which have not been approved or disapproved before that date.

Subsection (1) of section 1 of the Local Government (Overseas Assistance) Act 1993 enables a local authority to provide advice and assistance as respects any matter in which they have skill and experience to a body engaged outside the United Kingdom in the carrying out of any of the activities of local government. Subsection (3) of section 1 prevents a local authority exercising the power in subsection (1) unless it is exercised with the consent of the Secretary of State or in accordance with a general authorisation given by him. This Order removes the burden on local authorities, of seeking such consent or authorisation before exercising the power, by repealing subsection (3) and related provisions (article 4).

Paragraph 6 of Schedule 1 to the Education Act 1996 concerns the curriculum for pupil referral units. There is a duty in sub-paragraph (1) for the local education authority, the management committee (where applicable) and the teacher in charge to exercise their functions with a view to securing that the curriculum for their units satisfies certain statutory requirements for provision of a balanced and broadly based curriculum. Sub-paragraph (2) enables regulations to make provision for the determination and organisation of the curriculum, and the regulations may require the local education committee, management committee or teacher in charge to exercise prescribed functions in relation to the curriculum. Sub-paragraph (3) requires the local education authority, with the approval of the Secretary of State or, in Wales, of the Welsh Ministers, to make arrangements for the consideration and disposal of any complaint concerning the unreasonable exercise of any power or duty under sub-paragraph (1) or (2) or the failure to discharge such a duty. The burden on local education authorities, of seeking such approval in relation to the arrangements under sub-paragraph (3), is removed by this Order (article 5).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, charities, voluntary bodies and the public sector is available from Melvin Hughes at Local Government Transformation, Improvement and Efficiency Division, Department for Communities and Local Government, Zone 4/J6, Eland House, Bressenden Place, London SW1E 5DU; or at melvin.hughes@communities.gsi.gov.uk .

Footnotes