Citation and interpretation

1.—(1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 3, Transitional and Saving Provisions and Commencement No. 2 (Amendment)) Order 2008.

(2) In this Order—

“the Act” means the Local Government and Public Involvement in Health Act 2007 ;

“the 1972 Act” means the Local Government Act 1972(2);

“the 1983 Act” means the Representation of the People Act 1983(3);

“the 1992 Act” means the Local Government Act 1992(4);

“the 1997 Act” means the Local Government and Rating Act 1997(5);

“council” means—

“relevant date” means the day following the day on which this Order is made.

Commencement of Provisions

2.  The following provisions of the Act come into force on the day following the day on which this Order is made—

(a) section 75 (parishes: alternative styles);

(b) sections 79 to 102 (reorganisation);

(c) Schedule 5 (parishes: further amendments), except for paragraph 7; and

(d) subject to the transitional and saving provisions specified in the Schedule to this Order, section 241 (repeals) in so far as it relates to Part 2 of the 1997 Act(6).

Amendment of Local Government and Public Involvement in Health Act 2007 (Commencement No. 2) Order 2008

3.  In article 7(3) of the Local Government and Public Involvement in Health Act 2007 (Commencement No. 2) Order 2008(7) after “Standards Board for England” insert “before 1st April 2008”.

Article 2(d)

SCHEDULE TRANSITIONAL AND SAVING PROVISIONS

PART 1 Orders

1.—(1) Sections 14 (implementation by the Secretary of State), 16 (establishment of new parish councils by local authorities), 17 (electoral arrangements), 18 (considerations in deciding about electoral arrangements), 22 and 23 (exercise of functions and orders and regulations under Part 2) of the 1997 Act shall continue to have effect—

(a) for the purpose of enabling the Secretary of State to give effect (with or without modifications) to—

(i) recommendations received by her before the relevant date under section 9 of that Act (reviews of parishes by local authorities);

(ii) any petition received by her before the relevant date under section 11 (petitions for new parishes) of that Act;

(b) for the purpose of enabling the Electoral Commission to give effect to any proposals received by it before the relevant date under section 9 or 12 (views of local authority about the petition) of that Act;

(c) for the purpose of enabling a council to establish a separate parish council for a parish under section 16 of that Act where it was in the process of doing so immediately before the relevant date;

(d) for the purpose of enabling a council to complete any process under section 17 of that Act begun before the relevant date—

(i) for making electoral arrangements for a separate parish council;

(ii) for making other provision for the election of any such council; or

(iii) for making changes to the electoral arrangements for a parish council;

(e) for the purpose of enabling the Secretary of State or the Electoral Commission to amend or revoke an order under section 14 of that Act whenever made; and

(f) for the purpose of enabling a council to amend or revoke an order under section 16 or 17 of that Act whenever made.

(2) Orders made under section 14, 16 or 17 of the 1997 Act (including any orders made under any of those sections by virtue of sub-paragraph (1)) shall continue to have effect.

PART 2 Regulations

2.—(1) The Local Government (Parishes and Parish Councils) Regulations 1999(8) (“the 1999 Regulations”) and the Local Government Finance (New Parishes) Regulations 1998(9) shall continue to have effect in relation to orders made under section 14, 16 or 17 of that Act (including orders made under any of those sections by virtue of Part 1).

(2) Regulation 17 of the 1999 Regulations shall continue to have effect.