9 Procedure for orders [F1made by the Secretary of State under section 6].E+W
(1)Before the Secretary of State makes an order under [F2section 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 [F3the 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 [F5the Welsh Ministers].
(4)Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F6section 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 [F7section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).
(7)A draft order under [F7section 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).
[F8(8)Nothing in this section applies to an order under [F7section 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.]
Textual Amendments
F1Words in s. 9 heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(a)
F2Words in s. 9(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F3Words in s. 9(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(a), 245(2)
F4Words in s. 9(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F5Words in s. 9(3)(d) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(b), 245(2)
F6Words in s. 9(4) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F7Words in s. 9(6)-(8) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F8S. 9(8) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 13; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Commencement Information
I1S. 9 wholly in force at 9.4.2001; s. 9 not in force at Royal Assent see s. 108(4); s. 9 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 9 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2