The Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012

Made: 6th June 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011[^f00001], makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012.

• (2) In this Order—

• “the Act” means the Localism Act 2011;

• “the 2000 Act” means the Local Government Act 2000[^f00002]; and

• “police authority” means a police authority (in England or in Wales) established under section 3 of the Police Act 1996[^f00003].

Provisions coming into force in relation to England and Wales on the day after the day on which this Order is made

2

The following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the day after the day on which this Order is made—

• (a) section 27, except paragraph (k) of subsection (6), so far as it enables a relevant authority to adopt a code of conduct which will take effect on or after 1st July 2012;

• (b) section 28 so far as it enables a relevant authority to make arrangements under which allegations can be investigated on or after 1st July 2012;

• (c) section 29 so far as it enables a monitoring officer of a relevant authority to prepare a register of interests which will take effect on or after 1st July 2012;

• (d) section 31(10) so far as it enables a relevant authority to make standing orders that will take effect on or after 1st July 2012;

• (e) section 33 so far as it enables a relevant authority to grant a dispensation which will take effect on or after 1st July 2012;

• (f) section 35;

• (g) section 153;

• (h) in Schedule 4, paragraphs 13(1), (2) and 31 so far as they repeal provisions which enable regulations to enable a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority, and section 26 so far as it relates to those provisions;

• (i) Part 31 of Schedule 25 and section 237 so far as relating to that Part.

Provisions coming into force in relation to England and Wales on 18th June 2012

3

Sections 145 to 147 of the Act (so far as they are not yet in force) come into force in relation to England and Wales on 18th June 2012.

Provisions coming into force in relation to England and Wales on 27th June 2012

4

Sections 81 to 85 of the Act (so far as they are not yet in force) come into force in relation to England and Wales on 27th June 2012.

Provisions coming into force in relation to England and Wales on 1st July 2012

5

Subject to articles 6 and 7, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on 1st July 2012—

• (a) section 26 and Schedule 4 except insofar as the repeals and amendments made by that Schedule apply in relation to a police authority;

• (b) section 27 except paragraph (k) of subsection (6);

• (c) sections 28 to 34; and

• (d) Part 5 of Schedule 25 and section 237 so far as relating to that Part except insofar as the repeals set out in that Part apply in relation to a police authority.

Transitional, transitory and savings provisions

6

The following transitional, transitory and savings provisions have effect.

Transitional etc provisions: standards

7

• (1) Notwithstanding section 28(8)(b) of the Act, a person may be appointed by a relevant authority as the independent person under section 28(7) of the Act, if that person—

• (a) is not a member or co-opted member of the standards committee of the relevant authority on 1st July 2012; but

• (b) has held such a post at any time during the 5 years ending on 30th June 2012.

• (2) Paragraph (1) only applies in relation to appointments made before 1st July 2013.

• (3) Notwithstanding article 5, the provisions of the 2000 Act, and any regulations made under them, which are repealed or amended by sections 26 and 237 of, and Schedule 4 and Part 5 of Schedule 25 to, the Act continue to have effect for the purposes of—

• (a) the bringing of an appeal under regulation 21 of the Standards Committee (England) Regulations 2008[^f00004];

• (b) proceedings before the First-tier Tribunal on a referral under section 64(3)(b) or 65(4) of the 2000 Act or under regulation 17 of the Standards Committee (England) Regulations 2008 or on an appeal under regulation 21 of those Regulations; or

• (c) legal proceedings associated with proceedings on a referral or an appeal,

where proceedings were commenced before 1st July 2012 or relate to a decision by a standards committee made before 1st July 2012.

• (4) This paragraph applies where, immediately before the commencement of the provisions referred to in article 5—

• (a) an allegation or case that relates to a person who is a member or co-opted member of a relevant authority has been referred to the standards committee of the authority; and

• (b) the standards committee has not made a finding in respect of that allegation or case.

• (5) In paragraph (4), “standards committee”, “relevant authority”, “member” and “co-opted member” have the same meaning as in Part 3 of the 2000 Act.

• (6) Where paragraph (4) applies, the allegation or case shall be treated as having been made under Chapter 7 of Part 1 of the Act.

• (7) Notwithstanding the amendment of sections 49(6) and 83 of the 2000 Act by Schedule 4 to the Act, those sections shall continue to have effect in their un-amended form for the purposes of the definition of “relevant authority” in sections 92 and 101 of the 2000 Act.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps — Minister of State — Department for Communities and Local Government — 6th June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order brings into force, on the day after the day on which the Order is made, in relation to England and Wales, the following provisions relating to standards for the purposes of certain preparatory work: sections 27, 28, 29, 31(10), 33 and 35 of the Localism Act 2011, as well as paragraphs 13(1), (2) and 31 of Schedule 4 (repeals relating to standards). It also brings into force on the same day, so far as not yet in force, section 153 (social housing: relationship between schemes and strategies) and Part 31 of Schedule 25 (repeals relating to London (housing and regeneration)).

Article 3 brings into force on the 18th June 2012, so far as they are not already in force, in relation to England and Wales, sections 145 to 147 (allocation).

Article 4 brings into force on 27th June 2012, in relation to England and Wales, sections 81 to 85 (community right to challenge).

Article 5 brings into force on 1st July 2012, in relation to England and Wales, the remaining sections of Chapter 7 of Part 1 of the Act and Schedule 4 (standards) except provisions relating to police authorities.

Articles 6 and 7 makes transitional, savings and transitory provision.

Footnotes

[^f00001]: 2011 c. 20.

[^f00002]: 2000 c. 22.

[^f00003]: 1996 c. 16. Section 3 is repealed by the Police Reform and Social Responsibility Act 2011 (c. 13) from a date to be appointed.

[^f00004]: S.I. 2008/1085. Relevant amendments were made by S.I. 2012/22.