Local Acts in England and Wales

The following only applies to English and Welsh Local Authorities and is only relevant for those formalities where you are using the ELMS forms service.

The following formalities may be covered by local acts:

• Action premises registration
• Busking licence
• Car boot sale authorisation
• Hairdresser registration
• Market stall licence
• Massage and special treatment premises licensing
• Massage and special treatment therapist registration
• Second hand dealers
• Street trading licence
• Tattooists, piercing and electrolysis licence

All local authorities were set up with default formalities for every formality that they normally cover. This is all local authority formalities for unitary authorities, and an appropriate set of formalities for shire council and district council formalities. Based on answers given to Emails 2 and 3 you may be assigned a new formality that replaces the old one. The new formality is assigned if you indicate that you use a local act or byelaw (including royal charters etc.). In addition, BIS set up default tacit consent settings and you may have indicated that you want the opposite setting.

If you use local acts and bylaws, the formalities set up are found in the List of local formalities spreadsheet. Formality ID is listed in the ELMS formality configuration screen in parentheses next to the formality name and if this matches the legislation in the table you have the right legislation. If when you edit one of the local act formalities, the legislation and tacit consent settings are right for you then proceed normally. If not then:

• Refer to the Formalities List spreadsheet which lists what default value every LA formality should be set to, based on their answers to email 2 and email 3.
• If you have not sent in email 2 and email 3 at least two weeks ago, your desired setting may not be there.
• In a few cases there were queries over one of these emails and if they have not been resolved, your desired setting may not be shown.
• In some cases we have received your email 3 but not your email 2. In these cases we have not implemented tacit consent default changes.
• Finally, it is possible that some email 2s and 3s got lost en-route. The spreadsheet lists the ones which have been processed.
• If we have not processed your email 2 or email 3 please resend your original email or alternatively please wait the two weeks.
• You may have more than one formality listed to cover the activity. If one of them is the ‘right’ one then you can proceed normally. The wrong ones will get deleted eventually.
• If you have edited the “wrong” one in previous sessions on ELMS, or deployed it, then, if you do not wish to repeat your editing, firstly do not edit further, secondly suspend the formality if it is deployed. We have identified the authorities affected and will be corresponding further with them on how we will resolve this issue. This assistance will only be offered for cases that occurred on or before 18th January, when this advice was released.
• If the spreadsheet shows you have submitted emails 2 and 3, none of the conditions listed above are true but you still have the “wrong” legislation or tacit consent setting, then use the ELMS feedback form:
  • Topic must be “Formality change”
  • In the description put the Current formality ID and Service name (you can paste these from the Manage formality details screen). Put the new setting for Legislation and/or Tacit Consent Permitted that you want.
• If you have more than one or two changes, it will be easier if you resubmit your Email 2 or Email 3 (and it will be handled in the same time frame).

Last updated: 17 Aug 2010, 11:57