Part I Promotion of economic, social or environmental well-being etc
Interpretation
I11 Meaning of “local authority” in Part I.
F271
In this Part “local authority” means—
a
in relation to England—
i
a county council,
ii
a district council,
iii
a London borough council,
iv
the Common Council of the City of London in its capacity as a local authority,
v
the Council of the Isles of Scilly,
F47vi
an eligible parish council,
b
in relation to Wales, a county council or a county borough council F33or a community council.
F252
A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.
Promotion of well-being
F402 Promotion of well-being F12by community councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183 Limits on power to promote well-being.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14 Strategies for promoting well-being.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164AStrategies: parishes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F245 Power to amend or repeal enactments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of certain enactments
I26 Power to modify enactments concerning plans etc.
1
Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter F43so far as that enactment has effect in relation to a local authority in England.
2
The power under subsection (1) may be exercised in relation to—
a
all local authorities F7in England,
b
particular local authorities F2in England, or
c
particular descriptions of local authority F32in England.
3
The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—
a
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
b
that any such enactment should be amended so that it operates more effectively in relation to the authority.
4
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
I37 Power to modify enactments concerning plans etc: Wales.
1
Subject to F45subsection (4), F17the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F36(whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter so far as that enactment has effect in relation to a local authority in Wales.
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The power under subsection (1) may be exercised in relation to—
a
all local authorities in Wales,
b
particular local authorities in Wales, or
c
particular descriptions of local authority in Wales.
4
The power under subsection (1) may be exercised in relation to a local authority only if F26the Welsh Ministers consider—
a
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
b
that any such enactment should be amended so that it operates more effectively in relation to the authority.
5
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F346
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
F358
An order under this section may not make a provision which, if it were a provision of F5an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.
9
For the purposes of subsection (8), F46section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act were omitted.
10
Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
11
A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
I48 Modification of section 137 of the 1972 Act.
In section 137 of the M2Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—
9
Subject to subsection (10) below, in this section “local authority” means a parish or community council.
10
In subsection (3) above “local authority” means—
a
in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,
b
in relation to Wales, a county council, a county borough council or a community council.
Procedure for orders under F37this Part
I59 Procedure for orders F30made by the Secretary of State under section 6.
1
Before the Secretary of State makes an order under F14section 6 he must consult—
a
such local authorities,
b
such representatives of local government, and
c
such other persons (if any),
as appear to him to be likely to be affected by his proposals.
2
Where those proposals affect any local authorities in Wales, the Secretary of State must also consult F21the Welsh Ministers.
3
If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under F4section 6 he must lay before each House of Parliament a document which—
a
explains his proposals,
b
sets them out in the form of a draft order,
c
gives details of consultation under subsection (1), and
d
where consultation has taken place under subsection (2), sets out the views of F39the Welsh Ministers.
4
Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under F22section 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
5
In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
either House is adjourned for more than four days.
6
In preparing a draft order under F29section 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
7
A draft order under F29section 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—
a
any representations considered in accordance with subsection (6), and
b
any changes made to the proposals contained in the document laid before Parliament under subsection (3).
F38
Nothing in this section applies to an order under F29section 6 which is made only for the purpose of amending an earlier order under that section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
9AF42Procedure for orders F8made by the Welsh Ministers under section F28... 7
1
a
such local authorities in Wales,
b
such representatives of local government in Wales, and
c
such other persons (if any),
as appear to them to be likely to be affected by their proposals.
2
If, following consultation under subsection (1), the Welsh Ministers propose to make an order under F6section F41... 7 they must lay before the National Assembly for Wales a document which—
a
explains their proposals,
b
sets them out in the form of a draft order, and
c
gives details of consultation under subsection (1).
3
Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under F20section F31... 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales F13in accordance with section F44... 7(10) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
4
In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
5
6
A draft order under F19section F49... 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—
a
any representations considered in accordance with subsection (5), and
b
any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
7
Nothing in this section applies to an order under F19section F48... 7 which is made only for the purpose of amending an earlier order under that section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
Words in s. 9 cross-heading substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(6); S.I. 2021/231, art. 4(c)