The Legislative Reform (Local Government) (Animal Health Functions) Order 2009

Made: 30th May 2009

Coming into force in accordance with article 1

Neither House of Parliament resolved, within the 40-day period referred to in section 16(3) of that Act, that the Secretary of State should not make the Order.

Citation, commencement and extent

1

• (1) This Order may be cited as the Legislative Reform (Local Government) (Animal Health Functions) Order 2009 and comes into force on the day after the day on which it is made.

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

Arrangements for discharge of functions by local authorities

2

• (1) In section 101 of the Local Government Act 1972² the following subsections are repealed—

• (a) subsection (7) (which prevents a local authority from arranging under that section for another local authority to discharge their animal health functions); and

• (b) subsection (7A) (which exempts Welsh principal councils from the prohibition in subsection (7)).

• (2) Paragraph 26(2) of Schedule 15 to the Local Government (Wales) Act 1994³ (which inserted section 101(7A) of the Local Government Act 1972) is repealed.

Signed

Hilary Benn — Secretary of State — Department for Environment, Food and Rural Affairs — 30th May 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made under section 1 of the Legislative and Regulatory Reform Act 2006 (c. 51). It repeals section 101(7) of the Local Government Act 1972 (c. 70) which imposes a prohibition on local authorities from delegating any of their functions under the Diseases of Animals Act 1950 (c.36) to each other.

The Diseases of Animals Act 1950 was repealed and replaced by the Animal Health Act 1981 (c.22), which consolidated historic animal health and welfare legislation. The animal health functions to which this Order refers at article 2(1)(a) are, therefore, the functions which local authorities must discharge under the Animal Health Act 1981.

This Order also repeals section 101(7A) of the Local Government Act 1972 (which provides a derogation from the prohibition in section 101(7) with respect to principal councils in Wales) and paragraph 26(2) of Schedule 15 to the Local Government (Wales) Act 1994 (c. 19) (which inserted section 101(7A)).

A full impact assessment has been produced for this instrument and placed in the library of each House of Parliament. Copies can be obtained from Defra (Agency Relationship Team), 17 Smith Square, London SW1P 3JR.

Footnotes