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:
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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:
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(introduced by section 51(2))
1Amend the Local Government Act 2000 as follows.W
2In section 2 (promotion of well-being)—W
(a)in subsection (3) after “a local authority” insert “ in England ”;
(b)after subsection (3A) insert—
“(3B)In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the community strategy for its area published under section 39(4) of the Local Government (Wales) Measure 2009 or, where the strategy has been amended following a review under section 41 of that Measure, the strategy most recently published under section 41(6).”.
3In section 4 (strategies for promoting well-being)—W
(a)in subsection (1) after “every local authority” insert “ in England ”;
(b)omit subsection (5).
4Amend section 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) as follows.W
5For subsection (5)(d) and (e) substitute—W
“(d)any relevant community strategy;”.
6For subsection (7) substitute— “A community strategy is relevant if— W
(a)in the case of an authority which is a county council or county borough council, it has been published by the authority under section 39 of the Local Government (Wales) Measure 2009 or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure;
(b)in the case of an authority which is a National Park authority—
(i)its production involved the authority as a community planning partner within the meaning of section 38 of that Measure; and
(ii)it has been published under section 39 of that Measure or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure.”.
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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.
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