Section 152: Interpretation, consultation and commencement of ss. 150 and 151., Local Government and Housing Act 1989

For the purposes of sections 150 and 151 above the following are excepted functions—

functions relating to education in schools;

functions relating to the provision of a public library service;

functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;

functions relating to the registration of electors;

functions relating to the conduct of elections;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—

a county council;

a county borough council;

a district council;

a London borough council;

the Common Council of the City of London;

the Council of the Isles of Scilly;

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

a fire and rescue authority created by an order under section 4A of that Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

a joint authority established by Part IV of that Act (fire and rescue services and transport);

an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

a combined authority established under section 103 of that Act;

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an authority or board constituted a port health authority at any time by an order under section 2 of the Public Health (Control of Disease) Act 1984;

a National Park authority;

a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Broads Authority; ...

a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

the London Fire Commissioner.

For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

The Secretary of State may by order made by statutory instrument provide for any other body to be, or for a body to cease to be, a relevant authority for the purposes of those sections; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In those sections "prescribed" means prescribed by the regulations concerned.

Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult—

as respects England and Wales, such representatives of local government, and

as respects Scotland, such associations of local authorities,

as appear to him to be appropriate.

This section and sections 150 and 151 above shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Section 152: Interpretation, consultation and commencement of ss. 150 and 151.

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