S. 35(2)(k) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 376; S.I. 2012/2892, art. 2(i)
S. 35(2)(m) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(35)(a); S.I. 2015/994, art. 6(g)
S. 35(2)(q) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
S. 35(2)(s) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 187 (with s. 247)
This section applies for the purposes of section 34.
A qualifying authority is—
a county council in England;
a district council in England;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Greater London Authority so far as it exercises its functions through the Mayor;
the Council of the Isles of Scilly;
a county council in Wales;
a county borough council in Wales;
a National Park authority;
the Broads Authority;
the Common Council of the City of London in its capacity as a police authority;
a fire and rescue authority not falling within paragraphs (a) to (h);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);
an Integrated Transport Authority;
Transport for London;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an economic prosperity board established under section 88 or a combined authority established under section 103.
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
The “
the Secretary of State, in relation to England;
the Welsh Ministers, in relation to Wales.
Regulations under section 34 are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (2), (4) or (5)(b) of that section is subject to annulment in pursuance of a resolution of—
either House of Parliament (in the case of regulations made by the Secretary of State);
the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
A statutory instrument containing regulations under subsection (6) of that section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of—
each House of Parliament (in the case of regulations made by the Secretary of State);
the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).