The Local Government and Housing Act 1989 (Commencement No. 9 and Saving) Order 1990

Statutory Instruments

1990 No. 1552 (C.45)

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government and Housing Act 1989 (Commencement No. 9 and Saving) Order 1990

Made

27th July 1990

The Secretary of State, in exercise of the powers conferred upon him by section 195(2) and (3) of the Local Government and Housing Act 1989(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 9 and Saving) Order 1990.

2.  In this Order “the 1989 Act” means the Local Government and Housing Act 1989.

3.  The following provisions of the 1989 Act shall come into force on 1st August 1990 subject to the provisions of the Schedule to this Order—

• section 9, as it applies in relation to England and Wales and insofar as it is not already in force,

• section 13, insofar as it is not already in force,

• section 15, as it applies in relation to England and Wales and insofar as it is not already in force,

• section 16, as it applies in relation to England and Wales,

• section 17, as it applies in relation to England and Wales and insofar as it is not already in force,

• section 194(4), insofar as it relates to the repeal in Part II of Schedule 12 of words in section 102(3) of the Local Government Act 1972(2) and of section 33 of the Local Government Act 1985(3).

Chris Patten

One of Her Majesty’s Principal Secretaries of State

27th July 1990

SCHEDULE SAVING

Section 13 of the 1989 Act and the repeal in section 102(3) of the Local Government Act 1972 shall not have effect in relation to a parish or community council until 1st January 1991.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 1990 in relation to authorities in England and Wales the following provisions of the Local Government and Housing Act 1989—

• section 9 (assistants for political groups),

• section 15 (duty to allocate seats to political groups), and Schedule 1, to the extent that they are not in force;

• section 16 (duty to give effect to allocations);

• section 17 (exceptions to and extensions of political balance requirements), to the extent that it is not in force; and

• section 194(4) in relation to the repeal of section 33 of the Local Government Act 1985.

The Order also brings into force section 13 (voting rights of members of certain committees: England and Wales) and section 194(4) in relation to the repeal of words in section 102(3) of the Local Government Act 1972. Those provisions have effect, in relation to parish and community councils, from 1st January 1991 and, in relation to other authorities, from 1st August 1990.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Local Government and Housing Act 1989 have been brought into force by commencement orders made before the date of this Order—

Provisions	Date of Commencement	S.I. No.
s.1(5) and (6)	29th November 1989	1989/2186
s.2
s.140 (partially)	1st December 1989	1989/2180
s.142 (partially)
ss.143 and 144
s.145 (partially)
s.159
s.179
s.194(1) and (4) (partially)
Sch.6 (partially)
Sch.11 (partially)
Sch.12 (partially)
s.9 (partially)	16th January 1990	1989/2445
ss.13 to 15 (partially)
s.17 (partially)
s.18
s.19 (partially)
s.20
s.22
s.30 (partially)
s.31
ss.33 to 36 (partially)
ss.39 to 66
ss.67 to 72 (partially)
ss.89 to 92 (partially)
ss.95 to 96 (partially)
s.98 (partially)
s.99
s.102 (partially)
s.104 (partially)
ss.109 and 110 (partially)
s.115 (partially)
s.121 (partially)
s.127 (partially)
ss.130 to 132 (partially)
s.137
s.138
s.160
s.162
s.165(1) (partially)
ss.167 and 168
s.171
s.172(6), (7) and (8)
s.175
ss.176 to 178		1989/2180
s.180		1989/2445
s.182
s.185		1989/2180
s.194(1) and (4) (partially)
s.194 (partially)		1989/2445
Sch.5 (partially)
Sch.9 (partially)
Sch.11 (partially)		1989/2180
Sch.11 (partially)
Sch.12 (partially)
Sch.12 (partially)		1989/2445
s.194(1) (partially)	26th February 1990	1990/191
Sch.11 (partially)
s.1(1) to (4), (7) and (8)	1st March 1990	1989/2445
s.164		1990/191
s.165(3) to (9)
s.172 (insofar as not already in force)		1989/2445
s.173
s.194(4) (partially)		1990/191
Sch.12 (partially)
s.194(2) (partially)	5th March 1990	1990/431
s.194(3)
s.10	1st April 1990	1990/431
s.23
s.25
s.26
s.27
s.28
s.29
s.33 to 35 (insofar as not already in force)		1990/762
s.36 (insofar as not already in force)		1990/431
s.37
s.38
ss.89 to 98 (insofar as not already in force)
s.100 (insofar as not already in force)
s.131 (insofar as not already in force)
s.132(1) to (4) (partially)
s.145 (partially)		1989/2180
s.156		1990/431
s.165(1) (partially)
s.165(2)
s.169 (partially)
s.170		1989/2180
s.183		1990/431
s.186
s.194(1) (partially)
s.194(1) (partially)		1990/762
s.194(2) (insofar as not already in force)		1990/431
s.194(4) (partially)		1989/2180
s.194(4) (partially)		1990/431
Sch.6 (partially)		1989/2180
Sch.9 (partially)		1990/431
Sch.11 (partially)		1990/762
Sch.11 (partially)		1990/431
Sch.12 (partially)		1989/2180
Sch.12 (partially)		1990/431
s.30(1) (insofar as not already in force)	3rd May 1990	1990/961
s.30(2) (partially)
s.32
s.101 (partially)	1st July 1990	1990/1274 (as amended by 1990/1335)
s.102 (insofar as not already in force)
s.103
s.104 (insofar as not already in force)
ss.105 to 108
ss.109 and 110 (insofar as not already in force)
ss.111 to 114
s.115 (insofar as not already in force)
ss.116 to 120
s.121 (insofar as not already in force)
ss.122 to 126
s.127 (insofar as not already in force)
ss.128 and 129
s.130 (insofar as not already in force)
s.132 (insofar as not already in force)
ss.133 to 136
s.165(1) (insofar as not already in force)
s.169 (partially)
s.194(1) (partially)
s.194(4) (partially)
Sch.11 (partially)
Sch.12 (partially)

(1)

1989 c. 42.

(2)

1972 c. 70.

(3)

1985 c. 51.