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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: http://www.bailii.org/wales/legis/num_reg/2001/20010605e.html |
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Made | 27th February 2001 | ||
Coming into force | 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