This highlights my ignorance on how the introduction of legislation works. It
appears that once a Bill is enacted and becomes an Act, and then receives
Royal Ascent, only some bits are actually law. Other bits need to be brought
into being by more legislation to enable it to become law. Enabling Acts, or
in Regulations, or Commencement Orders. All very straight forward and simple.
Anyway, I went to the CLG website, and despite the most despicable efforts of
the web designer to make one immediately navigate away I didn't. Despite the
nightmare vision that smiled out at me I persisted and got an e-mail off to
the Department. I got this nice e-mail back as to when this section of the
Act would be commenced.
"Thank you for your query. Section 126(3) of the Localism Act is not yet in
force. We are aiming to commence it on 6 April 2012, but this is not
confirmed. It will not be before that date."
Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle CA3 8QG
Direct Dial: (01228) XXXXXX
Email: charlesb@xxxxxxxxx.gov.uk
-----Original Message-----
From: John Hearne [mailto:john.hearne@xxxxxxxxxxxxx.gov.uk]
Sent: 20 December 2011 15:45
To: UK Tree Care
Subject: RE: TPO enquiry 10 days
Charles wrote:
<<Pre-Localism Act when someone committed a tree offence they had to be
prosecuted within 6 months of the date of committing the offence. Now the
Localism Act 2011 s126(3) has changed this as below.
(3)In section 210 (penalties for non-compliance with tree preservation
regulations) after subsection (4) insert— “(4A)Proceedings for an offence
under subsection (4) may be brought within the period of 6 months beginning
with the date on which evidence sufficient in the opinion of the prosecutor
to justify the proceedings came to the prosecutor’s knowledge.
(4B)Subsection (4A) does not authorise the commencement of proceedings for an
offence more than 3 years after the date on which the offence was committed.>>
I've just tried to utilise this to further a case short on time but am
advised that although it received Royal Assent in November it has yet to be
enacted.
John Hearne
New Forest National Park Authority
Lymington Town Hall
Avenue Road
Lymington
SO41 9ZG
Switchboard: 01590 XXXXXX
Fax: 01590 XXXXXX
Web: www.newforestnpa.gov.uk
Email disclaimer: www.newforestnpa.gov.uk/email_disclaimer
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