The Local Government and Housing Act 1989 (Commencement No.11 and Savings) Order 1991

SCHEDULESAVINGS

1.—(1) Subsections (1) and (4) of section 194 of the 1989 Act in so far as they relate to—

(a)paragraph 26 of Schedule 11 in so far as that paragraph amends subsection (4) of section 173 of the 1972 Act and, in relation only to the reference in that subsection to subsection (1) of that section, subsection (1);

(b)paragraph 28(2) of Schedule 11 (to the extent that it is not already in force); and

(c)the repeals in the Education Act 1980 and the Norfolk and Suffolk Broads Act 1988

shall not come into force to the extent that they would affect the payment of financial loss allowance to a member of a relevant body, other than—

(i)in the case of a relevant council, a member who is a councillor; and

(ii)in the case of any other relevant body, a member of that body who is a councillor of a relevant council or a member of the Common Council of the City of London and has been or is appointed or nominated to that body by that relevant council or the Common Council, as the case may be.

(2) In sub-paragraph (1)—

• “financial loss allowance” has the same meaning as in section 173(4) of the 1972 Act;

• “member” includes a member of a committee or sub-committee of a relevant body;

• “relevant body” means a body to which the said section 173(4) applies at the date this Order is made; and

• “relevant council” means a county, district, London borough council, parish or community council and the Council of the Isles of Scilly.

2.—(1) Section 194(4) of the 1989 Act in so far as it relates to the repeal in Part II of Schedule 12 of section 45 of the 1973 Act shall not come into force to the extent that subsection (4) of the said section 45 relates to a member of a body to which, at the date this Order is made, the said section 45 applies, other than—

(a)in the case of a local authority, a member who is a councillor; and

(b)in the case of any other body to which, at that date, the said section 45 applies, a member of that body who is a councillor of a local authority and has been or is appointed, elected or nominated to that body by that local authority.

(2) In sub-paragraph (1)—

“local authority” means a regional, islands or district council; and

“member” in relation to a body includes a member of a committee or sub-committee of that body.

3.—(1) Section 194(4) of the 1989 Act in so far as it relates to the repeal in Part II of Schedule 12 of section 49A of the 1973 Act and section 26(3) of the Local Government, Planning and Land Act 1980 shall not come into force to the extent that the said section 49A is applied to members of licensing boards by section 3 of the Licensing (Scotland) Act 1976(1).

(2) In sub-paragraph (1) “licensing board” means a licensing board constituted under section 1 of the Licensing (Scotland) Act 1976.