Greater London Authority Act 1999

328 Reconstitution of the Fire etc Authority. U.K.

(1) Section 27 of the M1 Local Government Act 1985 (which established the London Fire and Civil Defence Authority) shall cease to have effect.

(2) Notwithstanding the repeal of that section, the body corporate established by it (in this Act referred to as “the Fire etc Authority”) shall continue in being and shall, instead of being known as the London Fire and Civil Defence Authority, be known as the London Fire and Emergency Planning Authority.

(3) Any appointment to the Fire etc Authority in pursuance of section 27 of the M2 Local Government Act 1985 shall cease to have effect on the reconstitution day.

(4) As from the reconstitution day, the Fire etc Authority shall be reconstituted in accordance with the provisions of Schedule 28 to this Act.

(5) In construing in any enactment (whenever passed or made) any reference to, or any reference which includes a reference to, an authority established by Part IV of the M3 Local Government Act 1985 (however framed), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under that Part.

(6) Without prejudice to anything in section 15, 16 or 17 of the M4 Interpretation Act 1978, nothing in subsection (5) above—

(a) revives anything not in force or existing on the reconstitution day;

(b) affects the previous operation of any enactment or anything duly done or suffered before the reconstitution day;

(c) affects any right, privilege, obligation or liability acquired, accrued or incurred before the reconstitution day;

(d) affects any penalty, forfeiture or punishment incurred in respect of any offence committed before the reconstitution day;

(e) affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if subsection (5) above had not been enacted.

(7) Subject to the other provisions of this Act, any reference to, and any reference which includes a reference to, the Fire etc Authority in any Act or other document shall be construed in accordance with the preceding provisions of this section.

(8) Schedule 29 to this Act (which amends certain enactments relating to the Fire etc Authority and repeals spent provisions applying such enactments to authorities in Greater London which have been abolished) shall have effect.

(9) In this section and Schedule 28 to this Act—

• “enactment” includes an enactment comprised in subordinate legislation;

• “the reconstitution day” means such day as the Secretary of State may by order appoint for the purpose.

Commencement Information

I1 S. 328 wholly in force at 3.7.2000: s. 328 in force at Royal Assent (11.11.1999) for certain purposes see s. 425(2); s. 328 in force for certain further purposes (1.5.2000) by S.I. 2000/1094, art. 3(a); s. 328 in force (3.7.2000) in so far as not already in force by S.I. 2000/1094, art. 4(a)

Marginal Citations

M1 1985 c. 51.

M2 1985 c. 51.

M3 1985 c. 51.

M4 1978 c. 30.