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Local Government Act 2000

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5 Power to amend or repeal enactments.E+W

This section has no associated Explanatory Notes

(1)If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.

(2)The power under subsection (1) may be exercised in relation to—

(a)all local authorities,

(b)particular local authorities, or

(c)particular descriptions of local authority.

(3)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

[F1(4)In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(4A)In exercising the power under subsection (1), the Secretary of State—

(a)must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and

(b)must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(4B)Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.]

(5)[F2The Welsh Ministers] may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.

(6)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).

[F3(7)The reference to local authorities in subsection (1) does not include community councils.]

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Amendments (Textual)

F1S. 5(4)-(4B) substituted for s. 5(4) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(3), 245(2)

Commencement Information

I1S. 5 wholly in force at 9.4.2001; s. 5 not in force at Royal Assent see s. 108(4); s. 5 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 5(5) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 5(1)-(4)(6) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

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