The Commission for Architecture and the Built Environment (Dissolution) Order 2012

Statutory Instruments

2012 No. 147

Environmental Protection, England And Wales

The Commission for Architecture and the Built Environment (Dissolution) Order 2012

Made

20th January 2012

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 90 and 95(2) of the Clean Neighbourhoods and Environment Act 2005(1).

In accordance with section 95(4) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Commission for Architecture and the Built Environment (Dissolution) Order 2012 and comes into force on the day after the day on which it is made.

Interpretation

2.  In this Order—

“CABE” means the Commission for Architecture and the Built Environment;

“the dissolution date” means the date on which this Order comes into force;

“the 2005 Act” means the Clean Neighbourhoods and Environment Act 2005.

Dissolution of CABE

3.  CABE is dissolved.

Transfer of property, rights and liabilities

4.  The property, rights and liabilities which immediately before the dissolution date were the property, rights and liabilities of CABE are transferred to the Secretary of State for Culture, Olympics, Media and Sport.

Final accounts

5.—(1) The Secretary of State must prepare a statement of accounts of CABE for the period beginning with 1 April 2011 and ending immediately before the dissolution date (“the final accounts”).

(2) The final accounts must be prepared in accordance with any directions given by the Secretary of State to CABE under paragraph 9(2) of Schedule 2 to the 2005 Act which had effect immediately before the dissolution date.

(3) The Secretary of State must send a copy of the final accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the period covered by the final accounts.

(4) The Comptroller and Auditor General must examine, certify and report on the final accounts and lay before Parliament a copy of the final accounts together with the Comptroller and Auditor General’s report on them.

Final report

6.—(1) The Secretary of State must prepare a report on the discharge of CABE’s functions for the period covered by the final accounts referred to in article 5 as soon as practicable after the end of that period.

(2) The Secretary of State must lay a copy of the report before Parliament.

Supplementary

7.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to CABE before the dissolution date.

(2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to CABE may, so far as it relates to anything transferred by article 4, be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(3) Anything done (or having effect as if done) by or in relation to CABE in connection with anything transferred by article 4 has effect as if done by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(4) So far as is necessary in consequence of anything transferred by article 4, a reference to CABE in an enactment, instrument or other document is to be treated as a reference to the Secretary of State for Culture, Olympics, Media and Sport.

Consequential repeals and revocations

8.  The enactments specified in the first column of the table in the Schedule are repealed or revoked to the extent specified in the second column of that table.

John Penrose

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

20th January 2012

Article 8

SCHEDULE Consequential Repeals and Revocations

Enactment	Extent of Repeal or Revocation
Greater London Authority Act 1999 (c 29)	In section 376(10), the words “the Commission for Architecture and the Built Environment”.
Clean Neighbourhoods and Environment Act 2005 (c 16)	Sections 87 to 89 Section 94(4).
	In section 95– (a) in subsection (4), “Subject to subsection (5)”, and (b) subsection (5).
	In Schedule 2, paragraphs 1 to 11 and 14 and 15. In Schedule 3, paragraphs 1 to 7.
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (SI 2006/1466)	In Schedule 6, column (2), entry 15, the words “in England, the Commission for Architecture and the Built Environment; and”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order dissolves the Commission for Architecture and the Built Environment (“CABE”).

It provides for the transfer of the property, rights and liabilities of CABE immediately before the dissolution date to the Secretary of State for Culture, Olympics, Media and Sport (article 4).

It also makes related provision for the preparation and audit of CABE’s final accounts and the preparation of its final report (articles 5 and 6), other transitional and saving provisions (article 7), and consequential repeals and revocations (article 8 and the Schedule).

An Explanatory Memorandum has been prepared and is available alongside the instrument on the OPSI website at www.opsi.gov.uk.

An impact assessment has not been produced for this instrument.

(1)

2005 c.16. There is an amendment to section 90(4) of the 2005 Act. That amendment is not relevant to this Order.