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2001 No. 605 (W. 28)

LOCAL GOVERNMENT, WALES

The Local Government and Housing Act 1989 (Electronic Communications) (Wales) Order 2001

  Made 27th February 2001 
  Coming into force 1st April 2001 

The National Assembly for Wales considers that the authorisation of the use of electronic communications by this order for any purpose, is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases. It therefore makes this Order in exercise of the powers given to it by section 8 and 10(2), (3)(d), (3)(e), (4) and (5) of the Electronic Communications Act 2000[1] with the consent of the Secretary of State:

Citation, commencement, application and interpretation
     1.  - (1) This Order may be cited as the Local Government and Housing Act 1989 (Electronic Communications) (Wales) Order 2001 and shall come into force on 1st of April 2001.

    (2) This Order applies to Wales only.

    (3) In this Order,

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



SCHEDULE
ARTICLE 2


ELECTRONIC COMMUNICATION OF FINAL DECISION ON AMOUNT OF HOUSING REVENUE ACCOUNT SUBSIDY


     1. In section 80A of the 1989 Act [5] (final decision on amount of Housing Revenue Account subsidy) after subsection (1), the following subsections are inserted  - 

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  - 

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  - 



EXPLANATORY NOTE

(This note
does not form part of the Order)


Section 8 of the Electronic Communications Act 2000 ("the 2000 Act") confers a power on the appropriate Minister (as defined in sections 9(1) and 10(1) of the 2000 Act) to modify legislation for the purpose of authorising or facilitating the use of electronic communications or electronic storage.

Section 10 of the 2000 Act sets out the circumstances and the manner in which the Section 8 power is exercisable in relation to Wales by the National Assembly for Wales.

Sections 80A, 87 and 88 of the Local Government and Housing Act 1989 ("the 1989 Act") are amended in so far as they relate to Wales by this Order. The functions of the Secretary of State under the 1989 Act (with certain exceptions) are exercisable in Wales by the National Assembly for Wales by virtue of the provisions of the National Assembly for Wales (Transfer of Functions) Order 1999. Consequently, all references in the amendments to the 1989 Act to the "Secretary of State" are therefore in effect (in Wales) to the National Assembly for Wales.

The amendments are made by applying to Wales the amendments to the 1989 Act made by the Local Government and Housing Act 1989 (Electronic Communications) (England) Order 2000 (SI 2000/3056). Those amendments are set out in the Schedule to this Order.

The effect of this Order is to amend section 80A of the 1989 Act to allow the National Assembly for Wales, to use electronic 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.


Notes:

[1] 2000 c.7. For the definition of "the appropriate Minister" see sections 9(1) and 10(1).back

[2] 1989 c.42. href="#n2">back

[3] SI 2000/3056back

[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



Cymraeg (Welsh)



ISBN 0-11-090165-7


  Prepared 26 March 2001


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