2008 No. 591 (W.60) (C.22)

LOCAL GOVERNMENT, WALES

The Local Government and Public Involvement in Health Act 2007 (Commencement) (Wales) Order 2008

Made

The Welsh Ministers, in exercise of the powers conferred by section 245(4) of the Local Government and Public Involvement in Health Act 20071, make the following Order:

Title, application and interpretation

1

1

The title of this Order is the Local Government and Public Involvement in Health Act 2007 (Commencement) (Wales) Order 2008.

2

This Order applies in relation to Wales save in relation to a police authority for a police area in Wales.

3

In this Order—

  • “the Act” (“y Ddeddf”) means the Local Government and Public Involvement in Health Act 2007;

  • “the 1999 Act” (“Deddf 1999”) means the Local Government Act 19992; and

  • “the 2000 Act” (“Deddf 2000”) means the Local Government Act 20003.

2

The following provisions of the Act come into force on 1 April 2008—

a

section 137;

b

section 140;

c

section 210; and

d

section 241, in so far as it relates to the repeals in Part 8 of Schedule 18 of—

i

sections 5 and 6(2)(c), (d) and (l) of the 1999 Act;

ii

the word “5,” in section 28(2) of the 1999 Act;

iii

the words “Subject to subsection (5),” in section 21(4) of the 2000 Act; and

iv

section 21(5) of the 2000 Act.

Brian GibbonsMinister for Social Justice and Local Government, one of the Welsh Ministers

(This note is not part of the Order)

This Order brings into force provisions of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) in relation to Wales except so far as they relate to a police authority for a police area in Wales.

Article 2 of this Order brings into force on 1 April 2008 the following provisions of the 2007 Act:

a

section 137, which substitutes a new section 3(4) into the Local Government Act 1999 (“the 1999 Act”) such that, in deciding how to fulfil its duty under section 3(1) of the 1999 Act and in deciding who to consult under section 3(2) of that Act and the form, content and timing of such consultations, an authority must have regard to any guidance issued by the Welsh Ministers;

b

section 140, which omits section 5 of the 1999 Act (duty upon an authority to conduct best value reviews);

c

section 210, which enables the Welsh Ministers to, by order, make provision in relation to Wales applying any provisions of sections 205 to 208 of the 2007 Act which concern joint waste authorities; and

d

section 241, in so far as it relates to the repeals in Part 8 of Schedule 18 of provisions in the 1999 Act and the Local Government Act 2000 concerning section 5 of the 1999 Act.