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SCHEDULE 3Amendments relating to Part 2: general power of competence

PART 1Amendments relating to Chapter 1 of Part 2: the general power

Local Government Act 2000 (c. 22)

1(1)Part 1 of the 2000 Act (promotion of economic, social or environmental well-being etc.) is amended as follows.

(2)In section 2 (promotion of well-being)—

(a)in subsection (1)—

(i)for “local authority in Wales are” substitute “community council is”;

(ii)for “they consider” substitute “it considers”;

(iii)in paragraphs (a) to (c) for “their” in each place it occurs substitute “its”;

(b)in subsection (2), in paragraphs (a) and (b) for “local authority’s” in each place it occurs substitute “community council’s”;

(c)for subsections (3B) and (3C) substitute—

(3B)In determining whether or how to exercise the power under subsection (1), a community council must have regard to the local well-being plan published under Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.;

(d)in subsection (4), for “local authority” substitute “community council”;

(e)in subsection (5)—

(i)for “local authority” substitute “community council”;

(ii)for “their area if they consider” substitute “its area if it considers”;

(f)in the heading of section 2, at the end insert “by community councils”.

(3)In section 3 (limits on power to promote well-being)—

(a)in subsection (1)—

(i)for “local authority” substitute “community council”;

(ii)for “they are” substitute “it is”;

(iii)for “their” substitute “its”;

(b)in subsection (2), for “local authority” substitute “community council”;

(c)in subsection (3), for “local authorities” substitute “community councils”;

(d)in subsection (3A)—

(i)in paragraphs (a) and (b), for “local authorities” in each place it occurs substitute “community councils”;

(ii)in paragraph (c), for “local authority” substitute “community council”;

(e)in subsection (4), for “he considers” substitute “they consider”;

(f)in subsection (4A), in paragraphs (a) and (b) for “authority or to authorities” in each place it occurs substitute “community council or to community councils”;

(g)in subsection (5), for “local authority” substitute “community council”;

(h)in subsection (6), for “he considers” substitute “they consider”.

(4)Omit section 5 (power to amend or repeal enactments).

(5)In section 7 (power to modify enactments concerning plans etc.), in subsection (1) for “subsections (4) and (6)” substitute “subsection (4)”.

(6)In the cross-heading preceding section 9, for the words after “under” substitute “this Part”.

(7)In section 9A (procedure for orders under sections 5 and 7)—

(a)in subsection (1), omit “5 or”;

(b)in subsection (2), omit “5 or”;

(c)in subsection (3)—

(i)omit “5 or”;

(ii)omit “5(3A) or”;

(d)in subsections (5) to (7) and the heading, omit “5 or” in each place where it occurs.

Local Government Act 2003 (c. 26)

2In the Local Government Act 2003, in section 116 (local polls)—

(a)in paragraph (a)(ii), for “services, or” substitute “services.”;

(b)omit paragraph (b).

Local Government and Public Involvement in Health Act 2007 (c. 28)

3In section 115 of the Local Government and Public Involvement in Health Act 2007 (orders under Part 1 of the 2000 Act), omit subsections (3) and (4).

Local Government (Wales) Measure 2009 (nawm 2)

4In the 2009 Measure, in Schedule 2 (minor and consequential amendments) omit paragraphs 1 and 2 and the cross-heading preceding them.

Local Government (Wales) Measure 2011 (nawm 4)

5In the 2011 Measure, omit section 126(2) and (3) (which amend sections 2 and 5 of the 2000 Act).

Localism Act 2011 (c. 20)

6In the Localism Act 2011, in Schedule 1 (consequential amendments) omit paragraph 3.

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

7In the Well-being of Future Generations (Wales) Act 2015, in Schedule 4 (public services boards: consequential amendments and repeals) omit paragraphs 3 and 4.

This Act

8In Schedule 14 to this Act, omit paragraph 2.