The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government (Wales) Measure 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Measure, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Measure into force:
Commencement Orders bringing legislation that affects this Measure into force:
(1)This section provides for the meanings of paragraphs (a) to (g) of—
(b)section 3(3); and
(2)A Welsh improvement authority improves the exercise of its functions in terms of—
(a)strategic effectiveness, if it exercises its functions in a way which is reasonably likely to lead to the achievement of, or assist in achieving, any of its strategic objectives;
(b)service quality, if there is an improvement in the quality of services;
(c)service availability, if there is an improvement in the availability of services;
(i)disadvantages faced by particular groups in accessing, or taking full advantage of, services are reduced; or
(ii)social well-being is improved as a result of the provision of services or the way in which functions are otherwise exercised;
(e)sustainability, if services are provided or functions are otherwise exercised in a way which contributes towards the achievement of sustainable development in the authority's area;
(f)efficiency, if there is an improvement in the efficiency with which resources are used in the provision of services or in the way in which functions are otherwise exercised; and
(g)innovation, if the way in which services are provided or functions are otherwise exercised is altered in a manner which is reasonably likely to lead to any outcome described in paragraphs (a) to (f).
(3)For the purposes of subsection (2)(a), a Welsh improvement authority's strategic objectives are—
(a)in the case of a county council or a county borough council, the community strategy objectives contained in the current community strategy for the authority's area;
(b)in the case of a National Park authority—
(i)any relevant community strategy objectives; and
(ii)where the authority's National Park Management Plan includes objectives for the authority to meet in the exercise of its functions, those objectives;
(c)in the case of a Welsh fire and rescue authority—
(i)any relevant community strategy objectives; and
(ii)where the authority has decided to set itself objectives in response to guidance contained in the Fire and Rescue National Framework, those objectives.
(4)For the purposes of this section—
(a)“current community strategy” (“strategaeth gymunedol gyfredol”) means the community strategy for a local authority's area published under section 39(4) or, where the strategy has been amended following a review under section 41, the strategy most recently published under section 41(6);
(b)“Fire and Rescue National Framework” (“Fframwaith Cenedlaethol Tân ac Achub”) means the Framework prepared by the Welsh Ministers and having effect under section 21 of the Fire and Rescue Services Act 2004 (including any revisions to the Framework which have effect under that section);
(c)“National Park Management Plan” (“Cynllun Rheoli Parc Cenedlaethol”) means the Plan published by a National Park authority under section 66 of the Environment Act 1995 (c. 25) (including any amendments to the Plan published under subsection (6) of that section);
(d)“relevant community strategy objective” (“amcan strategaeth gymunedol perthnasol”) means an objective that—
(i)is contained within a current community strategy the production of which involved the authority as a community planning partner (within the meaning of section 38); and
(ii)is connected with the authority's functions;
(e)a reference to services is to—
(i)services provided by the authority in the exercise of its functions;
(ii)services provided by any other person under arrangements made by the authority in the exercise of its functions.
(1)For the purpose of deciding how to fulfil the duties under section 2(1) and 3(1) a Welsh improvement authority must consult—
(a)representatives of persons resident in the authority's area;
(b)representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions;
(c)representatives of persons who use or are likely to use services provided by the authority; and
(d)representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.
(2)For the purposes of subsection (1) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group.
(a)how to discharge its duties under section 2(1), 3(1) and 3(2);
(b)who to consult under section 5; or
(c)the form, content and timing of consultations under section 5,
a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.
(1)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2) of section 4;
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.
(2)Such an order may make such amendments of this Measure as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (1).
(3)Before making such an order, the Welsh Ministers must consult—
(a)persons appearing to them to represent Welsh improvement authorities, and
(b)such other persons (if any) as they think fit.
The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Measure you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: