Departmental Legislation

Communities and Local Government written question – answered on 6th April 2010.

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Photo of Caroline Spelman Caroline Spelman Shadow Secretary of State for Communities and Local Government

To ask the Secretary of State for Communities and Local Government pursuant to the answer to the hon. Member for Peterborough of 1 March 2010, Official Report, column 953W, on departmental legislation, for what reasons each substantive piece of uncommenced legislation has not been commenced.

Photo of Barbara Follett Barbara Follett Minister of State (the East of England), Regional Affairs, Parliamentary Under-Secretary (the East of England), Department for Communities and Local Government

The information requested, where it is held centrally, is provided in the following table. Section 314 and schedule 15 of the Housing and Regeneration Act 2008 are fully in force and not partially commenced as stated in my answer to Mr. Jackson of 1 March 2010, Hansard, column 953W. The remaining information requested is not held by the Department and can be provided only at disproportionate cost.

Legislation Explanation
Local Government Act 2003: Section 68 This amendment would remove the requirement for the place of religious worship to be registered under the Places of Worship Registration Act 1855. The amendment was intended to cater for any repeal of the 1855 Act, which may have happened as part of the legislation on civil partnerships. To date, there has been no repeal of the 1855 Act, so my Department has no current plans to bring the section into force
Local Government Act 2003: Section 69 Before the power could be removed, properties with prescribed rateable values were moved to standard rating assessments. This has now been completed, and there are no properties remaining on which the Secretary of State has prescribed a rateable value. However, the final step of removing the power to prescribe has not yet been carried forward
Local Government Act 2003: Section 90 Section 80ZA of the Local Government and Housing Act 1989 is fully in force. Subsection 90(4) of the Local Government Act 2003, which amends section 141(8) of the Local Government Finance Act 1988, allowing amounts of housing revenue account (HRA) subsidy payable to the Secretary of State to be set off against other amounts payable by him, has not yet been commenced. We are not currently aware of any circumstances indicating that use of this power would be appropriate. There are no proposals to commence the power at present
Local Democracy, Economic Development and Construction Act 2009: Sections 1 to 9 The Duty to Promote Democracy is important and we want to ensure that its introduction has a positive and proactive response from local government given the likely costs involved in implementing it effectively. We have therefore been looking at when the duty should be implemented. We have concluded that given the current economic situation implementation of the duty should be considered as part of the next Spending Review
Local Democracy, Economic Development and Construction Act 2009: Sections 10 to 22 The Commencement Order (210 No. 881) relating to the petitions duty was made on 19 March 2010
Local Democracy, Economic Development and Construction Act 2009: Sections 34 to 36 Ministers said in the House that we would consult on regulations imposing restrictions or conditions on the use of the mutual insurance power by best value authorities and also on guidance. Following consultation it will be necessary to commence the mutual insurance provisions in the Act (section 148(2)(b))
Local Democracy, Economic Development and Construction Act 2009: Sections 37 to 54 Ministers said in the House that we would consult on the content of proposed regulations defining qualifying entities. Following consultation it will be necessary to commence the audit provisions in the Act (section 148(2)(b))
Local Democracy, Economic Development and Construction Act 2009: Sections 138 to 145 The commencement date for Construction Contract provisions in part 8 is dependent on the revision of the Scheme for Construction Contracts (England and Wales) Regulations 1998. The Department for Business, Innovation and Skills issued a consultation document on amendments to the scheme on 25 March 2010. The draft regulations will be approved by resolution of each House of Parliament. This will give the construction industry sufficient time to prepare for the changes being made by part 8
Commonhold and Leasehold Reform Act 2002: Sections 121, 122 (partially), 123, 124 and Schedule 8 Attempts to implement these provisions led to the identification of significant workability issues: following public consultation in 2009, a summary of responses is to be published shortly, indicating that there are no current plans to proceed with implementation of these provisions
Commonhold and Leasehold Reform Act 2002: Sections 152 (partially), 154, 156 (partially), 157 (partially) and Schedule 10 (partially); and, Housing and Regeneration Act 2008: Section 303 and Schedule 12 The Government remain committed to implementing these provisions. Work is in progress with stakeholders to develop the regulations to give effect to these provisions with a target date of October 2010
Housing Act 2004: Section 265 and Schedules 15 (partially), 16 (partially) Section 265 and schedule 15 give the Secretary of State, or where appropriate the National Assembly for Wales, powers to make incidental and consequential provisions to the Act as he considers appropriate. Therefore, these provisions would only be commenced if the Secretary of State considers it appropriate to make incidental and consequential provisions to the Act. Section 266 and schedule 16 repeal provisions in other enactments. Two repeals in schedule 16 have not been commenced. These relate to the London Building Acts amendment Act 1939, sections 35(1)(c)(i) and 36(1) (repealing the words "or sleep") and the Building Act 1984 (section 72(6)(a). These changes were rendered unnecessary by other legislation. There are two other repeals in the Health Services Commissioners Act 1993 and the Government of Wales Act 1998 which are the responsibility of the Welsh Ministers
Housing and Regeneration Act 2008: Sections 4 (partially), 19 (partially), 31, 32 (partially), 33 (partially), 35, 56 and Schedule 8 (partially), 57 (partially), 58 (partially) covering the Homes and Communities Agency and Sections 60-63, 64 (partially), 68-71 (partially), 73-80 (partially), 94, 95 to 98 (partially), 106 to 111, 112 to 113 (partially), 115, 116 to 117 (partially), 118, 119 (partially), 120 to 126, 127 (partially), 128 to 130, 131 (partially), 132 to 143, 144 to 145 (partially), 146 to 173, 174 (partially), 175 to 191, 198 (partially), 199 to 101, 102 (partially), 203 to 211, 212 (partially), 213, 214 to 215 (partially), 217 to 227, 228 (partially), 229 to 233, 234 (partially), 235 to 239, 240 (partially), 241 to 243, 244 (partially), 245 to 274, 275 to 276 (partially), 277, 278 and Schedule 9 (partially) Covering the Regulation of Social Housing The Housing and Regeneration Act 2008 is currently being implemented by the Government. The provisions relating to the establishment of the Homes and Communities Agency and those relating to the regulation of Social Housing take effect from 1 April 2010
Housing and Regeneration Act 2008: Sections 279 to 293 and Schedule 10 The Government will review the effectiveness of the sustainability certificates in home information pack (mandatory requirement since May 2008) in giving buyers information on how sustainable houses are and will make decisions on commencing the H&R Act 2008 powers in due course
Housing and Regeneration Act 2008: Sections 294, 299 and Schedule 11 (partially), 303 and Schedule 12 (partially), 314 and 15 (partially), 316 (partially), 318, 321 and Schedule 16 (partially) The Government remain committed to implementing the remaining provisions of the Housing and Regeneration Act 2008. Statutory instruments will be laid as soon as parliamentary time is available

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