PART 7Statutory reviews, schemes, statements, rules and strategies
Reviews, schemes, statements, strategies and rules required not later than 24 months after the reorganisation date18
1
Where it is practicable to do so during the transitional period—
a
the shadow authority shall prepare for the whole of its area, and if required by the enactment concerned publish, a document of each of the following descriptions—
i
an allocation scheme under section 166A of the Housing Act 199623;
ii
a licensing statement (statement of licensing policy) under section 5 of the Licensing Act 200324;
iii
a statement of principles under section 349 (three-year licensing policy) of the Gambling Act 200525;
iv
a statement of the policy for the provision of assistance under article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 200226;
v
a council tax reduction scheme under section 13A(2) (reductions by billing authority) of the Local Government Finance Act 199227; and
vi
rules determined under section 47(1)(a) (discretionary relief) of the Local Government Finance Act 198828; and
b
the shadow authority shall—
i
carry out for the whole of its area a homelessness review within the meaning of the Homelessness Act 200229; and
ii
based on the results of that review, formulate and publish a homelessness strategy within the meaning of that Act.
2
For the purposes of paragraph (1)(a)—
a
the Acts and Order referred to in paragraphs (i) to (vi) shall have effect in relation to a shadow authority as if the shadow authority were a district council; and
b
the statement referred to in paragraph (iii) shall be prepared in accordance with the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 200630.
3
For the purposes of paragraph (1)(b)—
a
section 1(3) of the Homelessness Act 2002 shall not have effect; and
b
section 1 of that Act (except subsection (3)) and sections 2 to 4 of that Act shall have effect as if—
i
references to a local housing authority included references to a shadow authority, and
ii
references to a local housing authority’s district (in whatever terms) included references to the shadow authority’s area.
4
Where a relevant document or review has not been carried out, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, before the reorganisation date, the successor council shall take such steps as are necessary to secure that the relevant document or review is carried out, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published as soon as practicable and not later than the date that falls 24 months after the reorganisation date.
5
In the period beginning on the reorganisation date and ending on the date on which the successor council complies with paragraph (4), a relevant document or review that has been carried out, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published by a predecessor council shall be treated as if it had been carried out, formulated, prepared, and (where required) published by the successor council for the whole or such part of its area as corresponds to the area to which the relevant document or review relates.
6
Nothing in paragraph (5) shall affect the continued validity, after the date on which the successor council complies with paragraph (4), of a relevant document or review carried out, formulated, prepared and published as mentioned in paragraph (5), for any transitional purpose specified in the relevant document or review.
7
The requirements of section 5(1) of the Licensing Act 2003 shall be treated as satisfied, as regards the five year period beginning with 7th January 2021, or the five year period specified by the shadow authority or successor council under section 5(6C) of that Act31, and as regards a successor council, by a statement published in accordance with regulations under section 5(7) of that Act—
a
by the shadow authority by virtue of paragraph (1)(a) above; or
b
by the successor council under paragraph (4) above.
8
The requirements of section 349(1) of the Gambling Act 2005 shall be treated as satisfied, as regards the three year period beginning with 31st January 2019, and a successor council, by a statement published in accordance with regulations under subsection (4) of that Act—
a
by the shadow authority by virtue of paragraph (1)(a) above; or
b
by the successor council under paragraph (4) above.
9
Where a successor council is taking steps under paragraph (4) to prepare a council tax reduction scheme under section 13A(2) of the Local Government Finance Act 1992, paragraph 5(1) of Schedule 1A to that Act does not apply.
10
In this regulation “relevant document or review” means a scheme, statement, rules, review or strategy of a description in paragraph (1).