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(1) This section applies for the purposes of section 34.
(2) A qualifying authority is—
(a) a county council in England;
(b) a district council in England;
(c) a London borough council;
(d) the Common Council of the City of London in its capacity as a local authority;
(e) the Greater London Authority so far as it exercises its functions through the Mayor;
(f) the Council of the Isles of Scilly;
(g) a county council in Wales;
(h) a county borough council in Wales;
(i) a National Park authority;
(j) the Broads Authority;
(k) a police authority;
(l) a fire and rescue authority not falling within paragraphs (a) to (h);
(m) a joint waste authority established under section 207(1) of the Local Government and Public Involvement in Health Act 2007 (c 28);
(n) a waste disposal authority established under section 10 of the Local Government Act 1985 (c 51);
(o) an Integrated Transport Authority;
(p) Transport for London;
(q) the London Development Agency;
(r) an economic prosperity board established under section 88 or a combined authority established under section 103.
(3) The “appropriate national authority” means—
(a) the Secretary of State, in relation to England;
(b) the Welsh Ministers, in relation to Wales.
(4) Regulations under section 34 are to be made by statutory instrument.
(5) A statutory instrument containing regulations under subsection (2), (4) or (5)(b) of that section is subject to annulment in pursuance of a resolution of—
(a) either House of Parliament (in the case of regulations made by the Secretary of State);
(b) the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
(6) A statutory instrument containing regulations under subsection (6) of that section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of—
(a) each House of Parliament (in the case of regulations made by the Secretary of State);
(b) the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
To be appointed: see s 148(2)(b).
This section does not extend to Scotland: see s 147(1).
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