Local Government Act 1992

Supplemental provisions of Part II E+W

F1 24 Abolition of the Local Government Boundary Commission for England. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 24 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

25 Application of Part II to the Isles of Scilly. E+W

The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.

26 Orders, regulations and directions under Part II. E+W

(1) The powers of the Secretary of State [F2 or the Electoral Commission] under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) it effects only electoral changes F5 ....

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3) Every power of the Secretary of State under this Part to make F8 ... regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies]

(4) Any power of the Secretary of State by F9 ... regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a) to apply with or without modifications;

(b) to extend, exclude or amend; or

(c) to repeal or revoke with or without savings,

any enactment, any instrument made under any enactment or any charter, whenever granted.

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where F11 [F12 ... the Electoral Commission are satisfied] that—

(a) a mistake has occurred in the preparation of an order under any provision of this Part; and

(b) the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M1 Interpretation Act 1978 (implied power to amend),

F13 [F12 ... they may] by order under this subsection make such provision as F14 [F12 ... they think] necessary or expedient for rectifying the mistake.

(7) In this section—

• “enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and

• “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

Textual Amendments

F2 Words in s. 26(1) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(2)

F3 S. 26(1)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F4 S. 26(1)(b) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F5 Words in s. 26(1)(c) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F6 S. 26(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F7 S. 26(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(3)

F8 Words in s. 26(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(c), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F9 Words in s. 26(4) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(d), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F10 S. 26(5) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(e), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F11 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F12 Words in s. 26(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 8, Sch. 1 para. 9(4)

F13 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F14 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(iii), Sch. 8 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C1 S. 26 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

Marginal Citations

M1 1978 c. 30.

27 Amendments relating to local government changes. E+W

(1) Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

(2) In considering the electoral arrangements for any local government area for the purposes of this Part [F15 the Electoral Commission and the Boundary Committee for England] shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—

(a) until the commencement of section 24 above, as including a reference to the Local Government Commission; and

(b) thereafter, as if they were references to the [F15 the Electoral Commission and the Boundary Committee for England] or the Local Government Boundary Commission for Wales.

(3) In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.

Textual Amendments

F15 Words in s. 27(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 10(2)(3)