The Transfer of Functions (Elections and Referendums) Order 2013

Article 4

SCHEDULE CONSEQUENTIAL AMENDMENTS

Town and Country Planning Act 1990 (c. 8)

5.  In paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 (regulations about referendums relating to neighbourhood development orders)—

(a) in sub-paragraph (1), for “Regulations may” substitute “The Secretary of State or the Lord President of the Council may by regulations”, and

(b) in sub-paragraph (5), after “Secretary of State” insert “or the Lord President of the Council”.

Local Government Finance Act 1992 (c. 14)

6.—(1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 52ZQ(1), (2) and (6) (regulations about referendums relating to council tax increases), after “Secretary of State” insert “or the Lord President of the Council”.

(3) In section 113 (orders and regulations)(1)—

(a) in subsections (1) and (2), after “Secretary of State,” insert “the Lord President of the Council,”, and

(b) in subsection (3), after “Secretary of State” insert “, the Lord President of the Council”.

Local Government Act 2000 (c. 22)

7.—(1) The Local Government Act 2000 is amended as follows.

(2) In the following provisions, in each place after “Secretary of State” insert “or the Lord President of the Council”—

(a) section 9HE(1), (4) and (5) (regulations about elections for elected mayors);

(b) section 9MG(2), (3) and (6) (regulations about referendums relating to local authority governance arrangements).

(3) In section 105 (orders and regulations), after subsection (2) insert—

“(2A) In relation to regulations under section 9HE or 9MG, subsection (2) has effect as if the reference to the Secretary of State were a reference to the Secretary of State or the Lord President of the Council.”.

(1)

Section 113 was amended by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26) and section 80(4) and (5) of, and paragraph 32 of Schedule 6 to, the Localism Act 2011. Other amendments to section 113 have been made which are not relevant to this Order.