The Local Authorities (Standing Orders) (England) Regulations 2001

Transitional and consequential provisions

10.—(1) Subject to paragraph (2), where a local authority made standing orders incorporating the provisions set out in paragraph 4 of Part I of Schedule 1 to the 1993 Regulations (or provisions to the like effect), until the authority incorporates provisions in standing orders in accordance with regulation 6—

(a)those standing orders shall continue in force; and

(b)regulation 7 shall apply in relation to them in respect of the head of the authority’s paid service, as it does in relation to standing orders which incorporate provisions in accordance with regulation 6.

(2) Anything which, before the date on which the local authority incorporated provisions in standing orders in accordance with regulation 6, was being done by, to or in relation to an officer in accordance with—

(a)regulation 3 of the 1993 Regulations;

(b)the provisions set out in paragraph 4 of Part I of Schedule 1 to the 1993 Regulations (or provisions to the like effect) incorporated in the local authority’s standing orders; or

(c)regulation 7 as applied by paragraph (1)(b),

may be continued after that date by, to or in relation to him in accordance with the provisions referred to in sub-paragraphs (a), (b) or (c), as the case may be.

(3) Where a relevant authority—

(a)sent a copy of proposals to the Secretary of State, before the date on which these Regulations come into force, under—

(i)section 25 of the 2000 Act (proposals); or

(ii)regulations made under section 31 of the 2000 Act (1) (alternative arrangements in case of certain local authorities); and

(b)had not started to operate executive arrangements or alternative arrangements before that date,

if the authority considers that it would be impracticable to comply with the requirements of regulation 3 or, as the case may be, regulation 4 on or before the date on which it starts to operate executive arrangements or alternative arrangements, it shall comply with those requirements as soon as reasonably practicable after it has started to operate those arrangements.

(4) Where a relevant authority started to operate executive arrangements or alternative arrangements before the date on which these Regulations come into force, it shall comply with the requirements of regulation 3 or, as the case may be, regulation 4 as soon as reasonably practicable after that date.