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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> Statutory Instruments 2001 No. 605 (W. 28) URL: https://www.bailii.org/wales/legis/num_reg/2001/20010605e.html |
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Made | 27th ![]() ![]() | ||
![]() ![]() ![]() | 1st April 2001 |
Amendments to the 1989 Act
2.
- (1) The amendments made to the 1989 Act by the Local Government and Housing Act 1989 (Electronic Communications)
(England) Order 2000 [3] as set out in the Schedule to this Order also apply to
Wales.
(2) References to the Secretary of State in the amendments referred to in paragraph (1) are to be
construed
as references to the National Assembly
for
Wales.
Signed on behalf of the National Assembly for
Wales
under section 66(1) of the Government of
Wales
Act 1998[4].
D
Elis Thomas
The Presiding Officer of the National Assembly
27th February
2001
I consent
to this Order.
Paul Murphy
Secretary of State for
Wales
27th February
2001
(1C) A local housing authority which
is no longer
willing
to accept electronic
communications
for
the notification of
decisions
under this section, may
withdraw
a notification of an address given to the Secretary of State
for
the purposes of subsection (1A) above, and such a
withdrawal
shall take effect on a
date
specified by the authority being a
date
no less than one month after the
date
on
which
the authority informs the Secretary of State that it
wants
to
withdraw
the notification of the address given.
(1D) A local housing authority which
has entered into an agreement
with
the Secretary of State under paragraph (a) of subsection (1B) above may revoke the agreement, and such revocation shall take effect on a
date
specified by the authority being a
date
no less than one month after the
date
on
which
the authority informs the Secretary of State that it
wants
to revoke the agreement.".
Electronic transmission of determinations
and
directions
2.
In section 87 of the 1989 Act[6] (
determinations
and
directions)
after subsection (3), the
following
subsections are inserted -
(6) A local housing authority which
is no longer
willing
to accept electronic
communications
for
the notification of
decisions
under this section, may
withdraw
a notification of an address given to the Secretary of State
for
the purposes of subsection (4) above, and such a
withdrawal
shall take effect on a
date
specified by the authority being a
date
no less than one month after the
date
on
which
the authority informs the Secretary of State that it
wants
to
withdraw
the notification of the address given.
(7) A local housing authority which
has entered into an agreement
with
the Secretary of State under paragraph (a) of subsection (5) above may revoke the agreement, and such revocation shall take effect on a
date
specified by the authority being a
date
no less than one month after the
date
on
which
the authority informs the Secretary of State that it
wants
to revoke the agreement.".
Construction
and application of Part VI of the 1989 Act
3.
In section 88(1) of the 1989 Act -
(1) at the end of paragraph (c)
"and" is
deleted;
(2) after paragraph (
d)
the
following
is inserted -
(f)
"address", in relation to electronic
communications,
includes any number or address used
for
the purposes of such
communications.".
The effect of this Order is also to amend section 87 of the Local Government and Housing Act 1989, to allow the Assembly:
This amendment also allows the National Assembly for
Wales
to
discharge
its obligation to send a
copy
of a
determination
to an authority by publishing the
determination
on a
website
and notifying the authority that it may be
found
there, and how it may be accessed there (if it has so agreed
with
the authority).
An authority which
is no longer
willing
to accept electronic
communication
of a
determination
or
decision
may give notice of its
withdrawal
of notification of its address to
which
electronic
communications
may be sent, and of its revocation of an agreement that it may be notified by
consulting
a
website.
Such
withdrawal
or revocation shall take effect on a
date
specified by the authority
which
must be at least one month
from
the
date
on
which
notification of the
withdrawal
or revocation is given by the authority.
Finally,
the effect of this Order is to amend section 88 of the 1989 Act by inserting
definitions
of "electronic
communication"
and "address"
for
the purposes of electronic
communications.
[2]
1989 c.42.
href="#n2">back
[4]
1998 c.38.
href="#n4">back
[5]
Section 80A was
inserted by paragraph 5 of Schedule 18 to the Housing Act 1996 (1996
c.52).
The Secretary of State's
functions
under section 80A are exercisable in relation to
Wales
by the Assembly by virtue of the National Assembly
for
Wales
(Transfer of
Functions)
Order 1999 (1999 No.672).back
[6]
The Secretary of State's functions
under section 87 are exercisable in relation to
Wales
by the Assembly by virtue of The National Assembly
for
Wales
(Transfer of
Functions)
Order 1999.back
[7]
1984 c.12.
href="#n7">back