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SUMMARY OF LEGISLATIVE CHANGES AND PUBLIC LAW CASES - 23 MARCH 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: Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1999.

Number: SI 1999/920.

Enabling Power: Social Security Administration Act 1992, ss 1(1C), 189(1), (3), (4), (7), 191; Social Security Contributions and Benefits Act 1992, ss 123(1)(d), (e), 136(3), (4), (5)(b), 137(1), 175(1), (3).

Commencement: Partly on 12 April 1999; partly on 6 September 1999; fully on 4 October 1999.

Legislation Affected: SI 1987/1971, SI 1992/1814.

Outline: Amend SI 1987/1971 and SI 1992/1814 by revoking regulations which disapplied the requirements concerning national insurance numbers imposed on persons claiming housing or council tax benefit by the Social Security Administration Act 1992, s 1. Increase the sum deducted from a person's earnings in respect of child care costs, amend the provisions for the treatment of child care charges, and change the way in which income and earnings are disregarded in respect of those people who are responsible for children or who are disabled and who are working 30 hours or more per week.

Name: Local Government Bill 1999.

Date: 24 March 1999.

Relevant Legislation: Local Government Act 1988, s 17; Local Government Finance Act 1992, Pt IVA; Deregulation and Contracting Out Act 1994, s 70.

Outline: Remaining stages considered in the House of Commons on 24 March 1999.

Name: Davenport and another v Hammersmith and Fulham London Borough Council.

Cite: BLD 240399319.

Court: Queen's Bench Division, Divisional Court.

Judge: Rose LJ and Richards J.

Hearing Date: 22 March 1999.

Representation: Richard Harwood (instructed by William Sturges & Co) for the appellants. Michael Bedford (instructed by Legal Services Division, London Borough of Hammersmith & Fulham) for the council.

Legislation Considered: Town and Country Planning Act 1971, ss 29(1), 30(1); Town and Country Planning Act 1990, s 187A(8), (9).

Annotations: Mouchell Superannuation Fund Trustees v Oxfordshire CC [1992] 1 PLR 97 considered.

Outline: Planning condition notice-Notice imposing restrictions on parking or storing cars in road outside premises. A local planning authority had power, under the Town and Country Planning Act 1971, ss 29(1) and 30(1), to impose a condition prohibiting a person from carrying out activities on land outside the application site and outside the applicant's control, where that person was otherwise capable of complying with that condition.

Name: Announcement: Plans for 'Urban Renaissance' in Towns and Cities.

Issuing Department: Department of the Environment, Transport and the Regions.

Issue Date: 22 March 1999.

Outline: Announces the Government's intention to issue an Urban White Paper later in 1999. The paper will take account of social, environmental and economic factors, in an attempt to plan for more integrated urban development, and urban environments which will be desirable places to live.

Name: Education (Budget Statements) (Wales) Regulations 1999.

Number: SI 1999/451.

Enabling Power: School Standards and Framework Act 1998, ss 52(1), (3), (4), 138(7), (8).

Commencement: 24 March 1999.

Legislation Affected: SI 1995/208, SI 1996/381 revoked.

Outline: Revoke and replace SI 1995/208 and specify the information about local education authorities' ('LEA') expenditure on education which must be contained in the statement of planned expenditure 'budget statement' which each LEA is required to prepare before the beginning of each financial year under the School Standards and Framework Act 1998, s 52.

Name: Teachers' Superannuation (Scotland) Amendment Regulations 1999.

Number: SI 1999/446.

Enabling Power: Superannuation Act 1972, ss 9, 12, Sch 3.

Commencement: 1 April 1999.

Legislation Affected: SI 1992/280 amended.

Outline: Amend SI 1992/280 to: extend to part-time teachers the automatic membership provisions which apply to full-time teachers; insert new provision regarding interest that may be payable on back contributions and late payment of certain benefits; amend the formula for calculating a teachers' retirement lump sum; amend the criteria of a person eligible to be a nominated beneficiary and provide that the nomination be made in writing; and provide for additional pension contributions where a person has received a salary increase 10% above the 'standard increase'

Practice Area Classification: Housing.

Name: Housing (Right to Buy) (Cost Floor) (Scotland) Order 1999.

Number: SI 1999/611.

Enabling Power: Housing (Scotland) Act 1987, s 62(6A).

Commencement: 1 April 1999.

Outline: Sets the period of time for the purpose of calculating a discount under the Housing (Scotland) Act 1987, s 62(6A), so that in future it will be the period commencing with the beginning of the financial year of the landlord which was current 10 years (previously 5 years) prior to the date of service of his application to buy the house.

Name: Housing for Wales (Abolition) Order 1999.

Number: SI 1999/781.

Enabling Power: Government of Wales Act 1998, s 143(1).

Commencement: 31 March 1999.

Outline: Provides for the abolition of Housing for Wales in accordance with the Government of Wales Act 1998, s 143(1).

Name: Government of Wales Act 1998 (Commencement No 4) Order 1999.

Number: SI 1999/782.

Enabling Power: Government of Wales Act 1998, s 158.

Outline: Brings into force on 1 April 1999 the following provisions of the Government of Wales Act 1998: s 107; ss 116-118; Sch 7, paras 1(1), (2), 8, 9(2) (for specified reasons), and s 105(5) so far as relating thereto; Sch 10, paras 1, 3(1), (2), 4, 6, 7, 13, 14, 15(1), (2), (4), and s 112 so far as relating thereto; Sch 12, paras 2-4, 7, 10-14, 15(1), (2), 16, 20-30, 33-36, and s 125 so far as relating thereto; Sch 18, Pt I in respect of certain repeals and s 152 so far as relating thereto; and Sch 18, Pt II (except the reference to the General Teaching Council for Wales) and s 152 so far as relating thereto.

Name: Environment Act 1995 (Commencement No 14) Order 1999.

Number: SI 1999/803.

Enabling Power: Environment Act 1995, s 125(3), (4).

Outline: Brings into force on 16 March 1999, the Environment Act 1995, s 120(1) in so far as it relates to Sch 22, para 162, to the extent that the provisions commenced by that para (amendments to the Water Resources Act 1991 relating to anti-pollution works and operations) confer power to make regulations. Commences on 1 April 1999 s 120(1) in so far as it relates to Sch 22, paras 67, 69-72 (in so far as not already in force) which amend and supplement the Environmental Protection Act 1990, Pt II (waste management licensing).

Name: Re-examined proposal for a Council Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air.

EC Reference: Proposal.

Legislation Considered: EC Treaty, art 189c(d); Council Dir (EC) 96/62.

Outline: Amends the earlier proposal for a Council Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air.

Name: Control of Major Accident Hazards Regulations 1999.

Number: SI 1999/743.

Enabling Power: European Communities Act 1972, s 2(2); Health and Safety at Work etc Act 1974, ss 15(1)-(3), (4)(a), (5)(b), 43(2), (6), 82(3)(a), Sch 3, paras 1(1), (2), 15(1), 16, 20.

Commencement: 1 April 1999.

Legislation Affected: Petroleum (Consolidation) Act 1928, s 25A, SI 1929/952, 1982/630 amended. SI 1988/1462, 1990/2325, 1994/118 revoked with savings.

Outline: Implement Council Dir (EC) 96/82 on the control of major accident hazards involving dangerous substances. Impose requirements on the operator of an establishment to: take all measures necessary to prevent major accidents and to demonstrate he has taken those measures; prepare a major accident prevention policy document and an on-site emergency plan; notify and send safety reports to the competent authority regarding specified matters at specified times; review and revise the safety report and on-site emergency plan; provide specified information and make that information publicly available; and pay fees to the Health and Safety Executive. The local authority is also required to prepare an off-site emergency plan.

Name: Immigration and Asylum Bill 1999.

Date: 17 March 1999.

Relevant Legislation: Marriage Act 1949; Immigration Act 1971; Immigration (Carriers' Liability) Act 1987; Asylum and Immigration Appeals Act 1993, 7(4); Asylum and Immigration Act 1996, s 2; Human Rights Act 1998, s 6(1).

Outline: Read at Committee Stage on 17 March 1999.

Name: Local Government Officers (Political Restrictions) (Amendment) Regulations 1999.

Number: SI 1999/715.

Enabling Power: Local Government and Housing Act 1989, ss 1(5), (6), 190(1).

Commencement: 1 April 1999.

Legislation Affected: SI 1990/851 amended.

Outline: Amend SI 1990/851 so as to introduce, as regards the holders of politically restricted posts in England, restrictions in connection with standing as candidate for election to the Scottish Parliament or the Welsh Assembly.

Practice Area Classification: London Government.

Name: Greater London Authority Bill 1999.

Date: 16 March 1999.

Relevant Legislation: Police Act 1996.

Outline: Read at Committee Stage on 16 March 1999.

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

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