Local Government (Wales) Measure 2009

(introduced by section 51(3))

SCHEDULE 3 TRANSITIONAL PROVISION AND SAVINGS

Local Government Act 2000 (c. 22)

1 The amendments made to section 2 of the Local Government Act 2000 by paragraph 2 of Schedule 2 to this Measure have effect subject to paragraph 2 below.

2 The amendments do not apply to a local authority until the authority has published a community strategy under section 39(4) of this Measure.

Planning and Compulsory Purchase Act 2004 (c. 5)

3 The amendments made to section 62 of the Planning and Compulsory Purchase Act 2004 by paragraphs 4 to 6 of Schedule 2 to this Measure have effect subject to the following provisions.

4 In relation to a local planning authority which is a county council or a county borough council, the amendments do not apply until the authority has published a community strategy under section 39(4) of this Measure.

5 While the amendments do not apply by virtue of paragraph 4, section 62 of the Planning and Compulsory Purchase Act 2004 has effect as if the following were inserted at the end of subsection (7)—

“at the date on which paragraphs 4 to 6 of Schedule 2 to the Local Government (Wales) Measure 2009 came into force.”

6 In relation to a local planning authority which is a National Park authority, the amendments do not apply until each county council or county borough council whose area comprises any part of the area of the National Park authority has published a community strategy under section 39(4) of this Measure.

7 While the amendments do not apply by virtue of paragraph 6, section 62 of the Planning and Compulsory Purchase Act 2004 has effect as if for paragraph (e) of subsection (5) there were substituted—

“(e) the community strategy prepared under section 4 of the Local Government Act 2000 (at the date on which paragraphs 4 to 6 of Schedule 2 to the Local Government (Wales) Measure 2009 came into force) by any other authority whose area comprises any part of the area of the local planning authority or, where such an authority has published a community strategy under section 39(4) of the Local Government (Wales) Measure 2009, that strategy;”.

Community Strategies produced under section 4 of the Local Government Act 2000

8 In relation to a county council or county borough council, section 4 of this Measure has effect as described in paragraph 9 until the council has published a community strategy under section 39(4) of this Measure.

9 or paragraph (a) of subsection (3) there is substituted—

“in the case of a county council or county borough council, any objectives contained in the council’s community strategy under section 4 of the Local Government Act 2000 at the date on which this section came into force;”.