Statutory Instruments
Local Government, England And Wales
Made
19th March 2010
The Secretary of State, in exercise of the powers conferred by section 148 of the Local Democracy, Economic Development and Construction Act 2009(1), makes the following Order:
1.—(1) This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010.
(2) In this Order “the Act” means the Local Democracy, Economic Development and Construction Act 2009.
2.—(1) The following provisions of the Act come into force in relation to England on the day after this Order is made for the purpose of enabling the Secretary of State(2) to make orders, give guidance or give directions—
(a)Section 14(4) (orders relating to requirement to take steps);
(b)Section 19 (powers of appropriate national authority);
(c)Section 20 (handling of petitions by other bodies);
(d)Section 21 (orders); and
(e)Section 22 (interpretation).
3. The following provisions of the Act come into force in relation to England on 15th June 2010—
(a)Section 10(3) and (4) (electronic petitions);
(b)Section 11 (petition schemes);
(c)Section 12 (petitions to which schemes must apply) except for paragraphs (1)(d) and (3)(b);
(d)Section 13 (requirement to acknowledge);
(e)Section 14 (requirement to take steps) so far as not already in force;
(f)Section 15 (requirement to debate);
(g)Section 16 (requirement to call officer to account);
(h)Section 17 (review of steps);
(i)Section 18 (supplementary scheme provision);
(j)Section 19 (powers of appropriate national authority) so far as not already in force;
(k)Section 20 (handling of petitions by other bodies) so far as not already in force;
(l)Section 21 (orders) so far as not already in force; and
(m)Section 22 (interpretation); so far as not already in force.
4. The following provisions of the Act come into force in relation to England on 15th December 2010—
(a)section 10(1) and (2) (electronic petitions); and
(b)section 12(1)(d) and (3)(b) (petitions to which a scheme must apply).
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th March 2010
(This note is not part of the Order)
This Order commences the provisions of Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 relating to petitions to local authorities in England.
Article 2 brings into force on the day after this Order is made, those provisions necessary to enable the Secretary of State to make orders, give guidance or issue directions to local authorities.
Article 3 brings into force on 15th June 2010 the majority of the provisions in the Chapter, requiring local authorities to have a scheme for responding to petitions from people who live, work or study in the area.
Article 4 brings into force on 15th December 2010 the requirement for local authorities to provide a facility for making petitions in electronic form.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 23 and 24 | 01.04.2010 | 2009/3318 |
| Section 31 | 01.04.2010 | 2009/3318 |
| Sections 55 to 61 | 01.04.2010 | 2009/3318 |
| Section 63 | 01.04.2010 | 2009/3318 |
| Sections 65 to 67 | 01.04.2010 | 2009/3318 |
Section 69 (partially) (remainder) | 25.11.2009 01.04.2010 | |
| Section 70 | 01.04.2010 | 2009/3318 |
| Section 71 | 25.11.2009 | 2009/3087 |
| Sections 72 to 83 | 01.04.2010 | 2009/3318 |
| Section 84 | 25.11.2009 | 2009/3087 |
| Section 85 | 01.04.2010 | 2009/3318 |
| Sections 86 and 87 | 25.11.2009 | 2009/3087 |
| Sections 88 to 113 | 17.12.2009 | 2009/3318 |
| Sections 114 to 117 | 12.01.2010 | 2009/3318 |
| Sections 118 to 120 | 17.12.2009 | 2009/3318 |
| Schedules 1 and 2 | 01.04.2010 | 2009/3318 |
| Schedules 4 and 5 | 01.04.2010 | 2009/3318 |
| Schedule 6 | 17.12.2009 | 2009/3318 |
| Schedule 7 (partially) | 01.04.2010 | 2009/3318 |
The power to make orders, give guidance and give directions is conferred on the “appropriate national authority” which is defined in section 22(1) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20) as the Secretary of State in relation to a principal local authority in England.