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The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010

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Statutory Instruments

2010 No. 881 (C. 59)

Local Government, England And Wales

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010

Made

19th March 2010

The Secretary of State, in exercise of the powers conferred by section 148 of the Local Democracy, Economic Development and Construction Act 2009(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010.

(2) In this Order “the Act” means the Local Democracy, Economic Development and Construction Act 2009.

Provisions coming into force on the day after this Order is made

2.—(1) The following provisions of the Act come into force in relation to England on the day after this Order is made for the purpose of enabling the Secretary of State(2) to make orders, give guidance or give directions—

(a)Section 14(4) (orders relating to requirement to take steps);

(b)Section 19 (powers of appropriate national authority);

(c)Section 20 (handling of petitions by other bodies);

(d)Section 21 (orders); and

(e)Section 22 (interpretation).

Provisions coming into force on 15th June 2010

3.  The following provisions of the Act come into force in relation to England on 15th June 2010—

(a)Section 10(3) and (4) (electronic petitions);

(b)Section 11 (petition schemes);

(c)Section 12 (petitions to which schemes must apply) except for paragraphs (1)(d) and (3)(b);

(d)Section 13 (requirement to acknowledge);

(e)Section 14 (requirement to take steps) so far as not already in force;

(f)Section 15 (requirement to debate);

(g)Section 16 (requirement to call officer to account);

(h)Section 17 (review of steps);

(i)Section 18 (supplementary scheme provision);

(j)Section 19 (powers of appropriate national authority) so far as not already in force;

(k)Section 20 (handling of petitions by other bodies) so far as not already in force;

(l)Section 21 (orders) so far as not already in force; and

(m)Section 22 (interpretation); so far as not already in force.

Provisions coming into force on 15th December 2010

4.  The following provisions of the Act come into force in relation to England on 15th December 2010—

(a)section 10(1) and (2) (electronic petitions); and

(b)section 12(1)(d) and (3)(b) (petitions to which a scheme must apply).

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

Barbara Follett

Parliamentary Under Secretary of State

Department for Communities and Local Government

19th March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences the provisions of Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 relating to petitions to local authorities in England.

Article 2 brings into force on the day after this Order is made, those provisions necessary to enable the Secretary of State to make orders, give guidance or issue directions to local authorities.

Article 3 brings into force on 15th June 2010 the majority of the provisions in the Chapter, requiring local authorities to have a scheme for responding to petitions from people who live, work or study in the area.

Article 4 brings into force on 15th December 2010 the requirement for local authorities to provide a facility for making petitions in electronic form.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 23 and 2401.04.20102009/3318
Section 3101.04.20102009/3318
Sections 55 to 6101.04.20102009/3318
Section 6301.04.20102009/3318
Sections 65 to 6701.04.20102009/3318

Section 69 (partially)

(remainder)

25.11.2009

01.04.2010

2009/3087

2009/3318

Section 7001.04.20102009/3318
Section 7125.11.20092009/3087
Sections 72 to 8301.04.20102009/3318
Section 8425.11.20092009/3087
Section 8501.04.20102009/3318
Sections 86 and 8725.11.20092009/3087
Sections 88 to 11317.12.20092009/3318
Sections 114 to 11712.01.20102009/3318
Sections 118 to 12017.12.20092009/3318
Schedules 1 and 201.04.20102009/3318
Schedules 4 and 501.04.20102009/3318
Schedule 617.12.20092009/3318
Schedule 7 (partially)01.04.20102009/3318
(2)

The power to make orders, give guidance and give directions is conferred on the “appropriate national authority” which is defined in section 22(1) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20) as the Secretary of State in relation to a principal local authority in England.

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