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Local Government (Wales) Measure 2009

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(introduced by section 51(1))

SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS: PART 1

This schedule has no associated Explanatory Notes

Local Government, Planning and Land Act 1980 (c. 65)W

1Amend the Local Government, Planning and Land Act 1980 as follows.

Commencement Information

I1Sch. 1 para. 1 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

2In section 2, insert the following at the end of subsection (1)— “ or a Welsh improvement authority for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I2Sch. 1 para. 2 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Social Security Administration Act 1992 (c. 5)W

3Amend the Social Security Administration Act 1992 as follows.

Commencement Information

I3Sch. 1 para. 3 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

4In section 139A(2)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I4Sch. 1 para. 4 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

5In section 139C(1)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I5Sch. 1 para. 5 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

6In section 139D(1), for paragraph (ca) substitute the following—

(ca)a copy of a report has been sent to a local authority under section 22(3) of the Local Government (Wales) Measure 2009 and to the Secretary of State under section 22(5) of that Measure;.

Commencement Information

I6Sch. 1 para. 6 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Audit Commission Act 1998 (c. 18)W

7Amend the Audit Commission Act 1998 as follows.

Commencement Information

I7Sch. 1 para. 7 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

8In section 47A (reports relating to performance of English local authorities) omit subsection (5)(a).

Commencement Information

I8Sch. 1 para. 8 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Local Government Act 1999 (c. 27)W

9Amend the Local Government Act 1999 as follows.

Commencement Information

I9Sch. 1 para. 9 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

10In section 1 (best value authorities) omit subsections (1)(k), (6) and (7).

Commencement Information

I10Sch. 1 para. 10 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

11In section 2 (power to extend or disapply: Secretary of State) omit subsection (5A).

Commencement Information

I11Sch. 1 para. 11 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

12In section 3A (involvement of local representatives) omit subsection (3)(b).

Commencement Information

I12Sch. 1 para. 12 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

13In section 10 (inspections) omit subsection (5)(a).

Commencement Information

I13Sch. 1 para. 13 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

14In section 10A (inspections: Auditor General for Wales) omit subsections (1)(a) and (4)(a).

Commencement Information

I14Sch. 1 para. 14 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

15In section 13A (reports of inspections under section 10A) omit subsection (5).

Commencement Information

I15Sch. 1 para. 15 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

16In section 15 (Secretary of State's powers) omit subsection (2)(aa).

Commencement Information

I16Sch. 1 para. 16 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

17In section 16 (power of Secretary of State to modify enactments and confer new powers) omit subsection (6)(b).

Commencement Information

I17Sch. 1 para. 17 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

18In section 19(5) (contracts: exclusion of non-commercial considerations), insert the following after paragraph (a)—

(aa)a Welsh improvement authority for the purposes of the Local Government (Wales) Measure 2009,.

Commencement Information

I18Sch. 1 para. 18 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

19In section 23(4)(za) (accounts) omit the words “Welsh best value authorities or”.

Commencement Information

I19Sch. 1 para. 19 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

20In section 25(2) (coordination of inspections etc) omit paragraph (d).

Commencement Information

I20Sch. 1 para. 20 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

21In section 28(2) (orders and regulations) omit “6, 7”.

Commencement Information

I21Sch. 1 para. 21 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

22In section 29 (modifications for Wales)—

(a)in subsection (1A) omit “3, 10A, 12A, 13A, 15,” and “23, 25 and 26”;

(b)omit subsections (2A), (4) and (6).

Commencement Information

I22Sch. 1 para. 22 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Local Government Act 2003 (c. 26)W

23Amend the Local Government Act 2003 as follows.

Commencement Information

I23Sch. 1 para. 23 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

24In section 36(1) (grants in connection with designation for service excellence), after “(best value duty)” insert “ or to a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I24Sch. 1 para. 24 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

25In section 36A (grants by Ministers of the Crown in respect of best value authorities etc)—

(a)in subsection (1) after “best value authorities” insert “ or a Welsh improvement authority or Welsh improvement authorities ”;

(b)in subsection (2)(b) for the words “Welsh best value authority” substitute “ Welsh improvement authority ”;

(c)in subsection (3) insert at the end “ or a Welsh improvement authority ”;

(d)in subsection (7) for the words “Welsh best value authority” to the end of the subsection substitute—

Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009..

Commencement Information

I25Sch. 1 para. 25 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

26In section 36B (grants by Welsh Ministers in respect of Welsh best value authorities)—

(a)in subsection (1) from the words “the economic” to the end of the subsection substitute “ compliance by a Welsh improvement authority or Welsh improvement authorities with the requirements of Part 1 of the Local Government (Wales) Measure 2009 ”;

(b)in subsection (2) after “best value authority” insert “ or Welsh improvement authority ”;

(c)in subsection (6) for the words “Welsh best value authority” to the end of the subsection substitute—

Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009..

Commencement Information

I26Sch. 1 para. 26 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

27In section 93(9) (power to charge for discretionary services) after paragraph (a) insert—

(aa)a Welsh improvement authority;.

Commencement Information

I27Sch. 1 para. 27 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

28In section 95(7) (power to trade in function-related activities through a company), in the definition of “relevant authority” after paragraph (a) insert—

(aa)a Welsh improvement authority;.

Commencement Information

I28Sch. 1 para. 28 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

29In section 97(11) (power to modify enactments in connection with charging or trading), in the definition of “relevant authority” after paragraph (a) insert—

(aa)a Welsh improvement authority;.

Commencement Information

I29Sch. 1 para. 29 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

30In section 101 (staff transfer matters: general)—

(a)after subsection (5) insert—

(5A)The duties under Part 1 of the Local Government (Wales) Measure 2009 (local government improvement) have effect subject to subsections (1) and (3).;

(b)in subsection (7A) after paragraph (a) insert—

(aa)a Welsh improvement authority;.

Commencement Information

I30Sch. 1 para. 30 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

31In section 124 (general interpretation) after the definition of “valuation tribunal” insert—

Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009..

Commencement Information

I31Sch. 1 para. 31 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Fire and Rescue Services Act 2004 (c. 21)W

32Amend section 24 of the Fire and Rescue Services Act 2004 (best value) as follows.

Commencement Information

I32Sch. 1 para. 32 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

33After subsection (2) insert the following—

(3)Subsection (1) does not apply to a fire and rescue authority in Wales.

(4)Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.

(5)As applied by subsection (4), those sections have effect as if—

(a)in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;

(b)sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;

(c)in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;

(d)in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;

(e)in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;

(f)in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end..

Commencement Information

I33Sch. 1 para. 33 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Public Audit (Wales) Act 2004 (c. 23)W

34Amend the Public Audit (Wales) Act 2004 as follows.

Commencement Information

I34Sch. 1 para. 34 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

35In section 41(1) (studies for improving economy etc in services) at the end of paragraph (a) insert— “ or Welsh improvement authorities for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I35Sch. 1 para. 35 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

36In section 54 (restriction on disclosure of information)—

(a)in subsection (1)(a) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”;

(b)in subsection (1)(b)—

(i)after the word “study” insert “ assessment ”;

(ii)at the end insert . “ or Part 1 of the Local Government (Wales) Measure 2009 ”

(c)in subsection (2)(b) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

Commencement Information

I36Sch. 1 para. 36 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

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