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SUMMARY OF LEGISLATIVE CHANGES & PUBLIC LAW CASES - 22 APRIL 1999

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Summary of legislative changes and public law cases affecting local government from Butterworths Law Direct daily u...
Summary of legislative changes and public law cases affecting local government from Butterworths Law Direct daily update. For more details see www.butterworths.co.uk.

Name: Education (Information About Individual Pupils) (England) Regulations 1999.

Number: SI 1999/989.

Enabling Power: Education Act 1996, ss 537A(1), (2), 569(4), (5).

Commencement: 16 April 1999.

Outline: Require the governing bodies of listed schools to provide information about individual pupils to their local education authority or the Secretary of State, before 23 April 1999 or as soon as reasonably practicable thereafter. The information about individual pupils that is required includes such matters as: the gender, date of birth and name of a pupil; whether the pupil is entitled to free school meals; whether he has a statement of special educational needs; in the case of schools providing secondary education, information as to courses studied by the pupil; and in the case of pupils who have been permanently excluded from the school on disciplinary grounds in the period beginning on 1 September 1997 and ending immediately before 1 September 1998, the permanent exclusion date.

Name: Local Authorities (Direct Labour Organisations) (Competition) (Wales) (Amendment) Regulations 1999.

Number: SI 1999/1084.

Enabling Power: Local Government, Planning and Land Act 1980, ss 7(1), (2), (4), (5), (6), 9(3), 23(1).

Commencement: 6 May 1999.

Legislation Affected: SI 1997/999 amended; 1998/2193 revoked.

Outline: Amend SI 1997/999 so that it will now apply to works contracts entered into on or after 2 January 2000 and to functional work carried out on or after that date. In consequence, SI 1994/338 will continue to apply to works contracts and functional work entered into or carried out before 2 January 2000. Revokes SI 1998/2193.

Practice Area Classification: Sex Discrimination.

Enabling Power: European Communities Act 1972, s 2(2).

Commencement: 1 May 1999.

Legislation Affected: Sex Discrimination Act 1975, ss 2A, 5, 6, 7A, 7B, 8, 9, 19, 29, 53, 56A, 82 amended.

Outline: Extend the Sex Discrimination Act 1975 to cover discrimination on grounds of gender reassignment in employment and vocational training, following the judgment of the European Court of Justice in P v S and Cornwall County Council, Case C-13/94. New sections, sub-sections and paragraphs are inserted into the 1975 Act, and amendments made, dealing with: the definition of gender reassignment; discrimination on the grounds of gender reassignment in employment and vocational training; discrimination in relation to pay; exceptions where gender is a genuine occupational qualification; ministers of religion; discrimination in provision of goods, facilities or services in relation to vocational training; and the Equal Opportunities Commission.

Name: House of Lords Bill 1999.

Date: 20 April 1999.

Outline: Read at Committee Stage in the House of Lords on 20 April 1999.

Name: Immigration and Asylum Bill 1999.

Date: 20 April 1999.

Relevant Legislation: Marriage Act 1949; Immigration Act 1971; Asylum and Immigration Appeals Act 1993, s 7(4); Asylum and Immigration Act 1996, s 2; Human Rights Act 1998, s 6(1).

Outline: Read at Special Standing Committee in the House of Commons on 20 April 1999.

Name: Housing (Right to Acquire) (Discount) Order 1999.

Number: SI 1999/1135.

Enabling Power: Housing Act 1996, ss 17(1)(a), (5).

Commencement: 10 May 1999.

Legislation Affected: SI 1998/2014 revoked.

Outline: Revokes SI 1998/2014 and specifies the amount of discount payable in 56 local authority areas for the purposes of the Housing Act 1996, s 17 (the right to acquire).

Name: Local Government (Exemption from Competition) (Scotland) Amendment Order 1999.

Number: SI 1999/937.

Enabling Power: Local Government Act 1988, ss 2(10), 15(5), (7).

Commencement: 1 May 1999.

Legislation Affected: SI 1995/678 amended; SI 1998/1421 revoked.

Outline: Amends SI 1995/678 by substituting new exemption end dates for compulsory competitive tendering under the Local Government Act 1988. In each case, the new exemption end date is one year after the date previously set. Also amends SI 1995/678 so that modifications to the Local Government Act 1988, Pt I will continue to apply until 31 December 2001.

Name: Local Government Act 1988 (Competition) (Scotland) Amendment Regulations 1999.

Number: SI 1999/947.

Enabling Power: Local Government Act 1988, ss 6(3), 15(6), (7).

Commencement: 1 May 1999.

Legislation Affected: SI 1997/197 amended; SI 1998/1422 revoked.

Outline: Amend SI 1997/197 so as to delay for a further period of 12 months the introduction in Scotland of compulsory competitive tendering in respect of functional work falling within certain activities which are defined activities for the purposes of the Local Government Act 1988.

Name: Housing Support Grant (Scotland) Order 1999.

Number: SI 1999/828.

Enabling Power: Housing (Scotland) Act 1987, ss 191, 192.

Commencement: 1 April 1999.

Outline: Fixes for the year 1999-2000 the aggregate amount of the housing support grants payable to some local authorities under the Housing (Scotland) Act 1987, s 191. Lists the councils among whom the grants will be apportioned and prescribes the method of apportionment among those councils of the general and hostel portions of the aggregate amount.

Name: Local Authorities (Members' Allowances) (Amendment) Regulations 1999.

Number: SI 1999/1086.

Enabling Power: Local Government Act 1972, s 175(1A).

Commencement: 30 April 1999.

Legislation Affected: SI 1991/351 amended; SI 1998/556 revoked.

Outline: Amend SI 1991/351 so as to increase, by 3%, to£29.48, the maximum which may be paid to parish and community councillors and to non-elected members of local authorities by way of allowance under the Local Government Act 1972, s 175(1A).

Name: Local Authorities (Members' Allowances) (Amendment) (No 2) Regulations 1999.

Number: SI 1999/1087.

Enabling Power: Local Government Act 1972, ss 173, 270(1).

Commencement: 30 April 1999.

Legislation Affected: SI 1991/351 amended; SI 1998/557 revoked.

Outline: Revoke SI 1998/558. Further amend SI 1991/351 by: increasing, by 3%, the maximum which may be paid to parish and community councillors by way of attendance allowance under the Local Government Act 1972, s 173(1); increasing, by 4.7%, the maxima which may be paid to parish and community councillors and to non-elected members of local authorities by way of allowances under 173(4) of the 1972 Act; and providing for the increased allowances to have effect in respect of approved duties performed on or after 30 April 1999.

Name: Scottish Local Elections Amendment (No 2) Rules 1999.

Number: SI 1999/492.

Enabling Power: Representation of the People Act 1983, s 42.

Commencement: 24 March 1999.

Legislation Affected: SI 1986/2213 amended; SI 1999/406 revoked.

Outline: Amend SI 1986/2213, giving returning officers the power to reject nomination papers which include a description which is likely to lead voters to associate the candidate with a registered political party unless that description is authorised by or on behalf of the registered nominating officer of that party. Also provide for the inclusion of emblems of registered political parties on ballot papers. SI 1999/406 is superseded and revoked.

Name: Areas of Outstanding Natural Beauty Bill 1999.

Date: 13 April 1999.

Outline: Received its first reading in the House of Lords on 13 April 1999.

Name: Community Protection (Landfill) Bill 1999.

Date: 13 April 1999.

Outline: Received its first reading in the House of Commons on 13 April 1999.

Butterworths Local Government Law Direct can be found at www.melbourne.butterworths.co.uk. Subscribers to LGCnet are entitled to a 20% discount to an annual subscription.

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