Local Government and Public Involvement in Health Act 2007

Section 235

SCHEDULE 17 Powers of National Assembly for Wales

1 Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended in accordance with this Schedule.

2 In Part 1, after the heading “Field 12: local government” insert—

“Matter 12.1

• Provision for and in connection with—

  (a)

  the constitution of new principal areas and the abolition or alteration of existing principal areas, and

  (b)

  the establishment of councils for new principal areas and the abolition of existing principal councils.

• “Principal area” means a county borough or a county in Wales, and “principal council” means a council for a principal area.

Matter 12.2

• Provision for and in connection with—

  (a)

  the procedure for the making and coming into force of byelaws, and

  (b)

  the enforcement of byelaws.

• “Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

Matter 12.3

• Any of the following—

  (a)

  the principles which are to govern the conduct of members of relevant authorities,

  (b)

  codes of conduct for such members,

  (c)

  the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),

  (d)

  the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—

  (i)

  the investigation and adjudication of such allegations and reports on the outcome of investigations,

  (ii)

  the action that may be taken where breaches are found to have occurred,

  (e)

  codes of conduct for employees of relevant authorities.

• For the purposes of this matter—

  • “relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,

  • “member” includes a co-opted member within the meaning of that Part.

Matter 12.4

• Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

Matter 12.5

• Provision for and in connection with—

  (a)

  the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,

  (b)

  the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and

  (c)

  the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

• The following are “relevant Welsh authorities”—

  (a)

  a county council, county borough council or community council in Wales,

  (b)

  a National Park authority for a National Park in Wales,

  (c)

  a fire and rescue authority in Wales 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,

  (d)

  a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,

  (e)

  a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.”

3 In Part 2, after paragraph 2 insert—

“Police areas

2A A provision of an Assembly Measure cannot make any alteration in police areas.”

4 In Part 3, after paragraph 7 insert—

“Police areas

7A Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.”