The Localism Act 2011 (Commencement No. 5 and Transitional, Savings and Transitory Provisions) Order 2012

• Citation: S.I. 2012/1008
• Sections: 12

Section 1 Citation and interpretation

(1) This Order may be cited as the Localism Act 2011 (Commencement No. 5 and Transitional, Savings and Transitory Provisions) Order 2012.

(2) In this Order—

“ the Act ” means the Localism Act 2011;

“the 1999 Act ” means the Greater London Authority Act 1999 ;

“the 2000 Act ” means the Local Government Act 2000 .

Section 2 Provisions coming into force in relation to England and Wales the day after the day on which this Order is made

Subject to articles 7 and 8, the following provisions of the Act come into force in relation to England and Wales the day after the day on which this Order is made—

(a) section 1(7);

(b) Schedule 1;

(c) Schedule 14;

(d) Part 1 of Schedule 25 and section 237 so far as it relates to that Part.

Section 3 Provisions coming into force in relation to England and Wales on 3rd May 2012

Subject to articles 7, 9, 10 and 11, the following provisions of the Act come into force in relation to England and Wales on 3rd May 2012—

(a) section 188;

(b) section 192;

(c) sections 225 to 229;

(d) section 231;

(e) Schedule 23;

(f) Part 33 of Schedule 25 and section 237 so far as it relates to that Part.

Section 4 Provisions coming into force in relation to England and Wales on 4th May 2012

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 4th May 2012—

(a) sections 21 and 22;

(b) Schedules 2 and 3;

(c) Part 4 of Schedule 25 and section 237 so far as it relates to that Part.

Section 5 Provisions coming into force in relation to England, Wales, Scotland and Northern Ireland on 31st May 2012

Sections 48 to 57 of the Act come into force in relation to England, Wales, Scotland and Northern Ireland on 31st May 2012

Section 6 Provision coming into force in relation to England and Wales on 15th January 2013

Section 150(3) of the Act comes into force in relation to England and Wales on 15th January 2013.

Section 7 Transitional, transitory and savings provisions

The following transitional, transitory and savings provisions have effect.

Section 8 Transitional etc provisions: general power of competence

(1) The amendment of section 2(1) of the 2000 Act by paragraphs 2 and 3 of Schedule 1 to the Act shall take effect subject to the following.

(2) A parish council that is an eligible parish council for the purposes of Part 1 of the 2000 Act at the time of the coming into force of Schedule 1 shall continue to be able to exercise the power under section 2 of the 2000 Act (power to promote well-being)—

(a) where eligible by virtue of article 4 of the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 (transitional provisions), in accordance with that article;

(b) where otherwise eligible, until the end of the day of its next annual meeting in a year of ordinary elections and after that day for the purpose of completing any activity—

(i) undertaken in the exercise of section 2 of the 2000 Act, but

(ii) not completed before the day of the meeting.

(3) The power under section 2 of the 2000 Act shall remain a function of the Greater Manchester Combined Authority , and the constituent councils of the Greater Manchester Combined Authority shall continue to have the power under that section to the extent necessary for it to be a function of the Greater Manchester Combined Authority.

Section 9 Transitional etc provisions: Economic development strategy for London

(1) On the day on which section 333F of the 1999 Act comes into force, the Economic development strategy for London is to consist of the London Development Agency strategy mentioned in paragraph (b) of section 41(1) of the 1999 Act which has been prepared and published before that day.

(2) The duties on the Mayor of London imposed by section 333F(1) to (3) of the 1999 Act are deemed to be satisfied in relation to that strategy by the provisions of this article.

Section 10 Transitional etc provisions: London Environment Strategy

(1) On the day on which section 351A of the 1999 Act comes into force, the London Environment Strategy is to consist of the strategies mentioned in paragraphs (d) to (g) of section 41(1) of the 1999 Act which have been prepared and published before that day.

(2) The duties on the Mayor of London imposed by section 351A(1) to (4) of the 1999 Act are deemed to be satisfied in relation to that Strategy by the provisions of this article.

(3) Any guidance or direction given under powers in the 1999 Act repealed by Schedule 23 to the Act which is applicable in relation to any of the strategies specified in the paragraphs referred to in paragraph (1), remains effective as guidance or a direction in relation to the relevant part of the London Environment Strategy.

Section 11 Transitional etc provisions: London housing strategy

Section 42B of the 1999 Act does not apply in relation to the draft revision of the London housing strategy which was published for consultation in December 2011.

Section 12 Transitional etc provisions: tenancy strategies

Where, on or before 14th January 2013, a local housing authority has published its tenancy strategy under section 150(1) of the Act, it must have regard to that strategy in exercising its housing management functions.