Modifications etc. (not altering text)
C1Pt. I modified (18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7), 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7)) by Local Government Act 2003 (c. 26), ss. 101, 128(3)(b), 128(4)(c), 128(5), 128(6); S.I. 2003/2938, art. 2(b) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
(1)Before the Secretary of State makes an order under section 16 he shall consult such authorities or persons as appear to him to be representative of interests affected by his proposals.
(2)If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 16 he shall lay before each House of Parliament a document explaining his proposals and, in particular—
(a)setting them out in the form of a draft order, and
(b)giving details of consultation under subsection (1) above.
(3)Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 16 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4)In calculating the period mentioned in subsection (3) no account shall be taken of any time during which—
(a)Parliament is dissolved or prorogued, or
(b)either House is adjourned for more than four days.
(5)In preparing a draft order under section 16 the Secretary of State shall consider any representations made during the period mentioned in subsection (3) above.
(6)A draft order laid before Parliament in accordance with section 16(4) must be accompanied by a statement of the Secretary of State giving details of—
(a)any representations considered in accordance with subsection (5) above, and
(b)any changes made to the proposals contained in the document laid before Parliament under subsection (2) above.
[F1(7)Nothing in this section applies to an order under section 16 which is made only for the purpose mentioned in section 16(4A).]
Textual Amendments
F1S. 17(7) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 9; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I