30(1)Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—E+W+S
(a)amend the statement, or
(b)replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2)Subject to the following provisions of this paragraph, where a licensing scheme is in force—
(a)the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and
(b)if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
(3)For the purposes of this paragraph—
(a)a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,
(b)a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
(c)a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
and references to statements under paragraph 26 or 28 above shall be construed accordingly.
(4)The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
(a)in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
(b)in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
(5)Where, in exercise of the powers conferred by this paragraph, an authority proposes—
(a)to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or
(b)to prepare a voluntary statement,
sub-paragraph (6) below applies.
(6)Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
(a)to the Secretary of State; and
(b)if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.
(7)Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—
(a)by the Authority acting on behalf of the licensing authority concerned; and
(b)after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
(8)Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
(9)A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
(10)A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—
(a)under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or
(b)under paragraph 28 above, if it was prepared by the Authority.
(11)Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
Modifications etc. (not altering text)
C1Sch. 24 para. 30 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I1Sch. 24 para. 30 wholly in force at 3.7.2000; Sch. 24 para. 30 not in force at Royal Assent see s. 425(2); Sch. 24 para. 30 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3