Local Government and Elections (Wales) Act 2021 (asc1)

PART 2 GENERAL POWER OF COMPETENCE

CHAPTER 1 THE GENERAL POWER

25 Boundaries of the general power

(1) The general power does not enable a qualifying local authority to do anything that the authority is unable to do by virtue of a pre-commencement limitation.

(2) Nor does the general power enable a qualifying local authority to do anything that the authority is unable to do by virtue of a post-commencement limitation that is expressed to apply—

(a) to the general power,

(b) to all of the authority’s powers, or

(c) to all of the authority’s powers but with exceptions that do not include the general power.

(3) The general power does not confer power to make or alter—

(a) arrangements of a kind that are made, or may be made, by or under Part 6 of the 1972 Act (discharge of functions by local authorities);

(b) arrangements of a kind that are made, or may be made, by or under Part 2 of the 2000 Act (arrangements with respect to executives etc.);

(c) contracting out arrangements, or any other arrangements that are not arrangements within paragraph (a) or (b), that authorise a person to exercise a function of a qualifying local authority.

(4) In this section—

• “post-commencement limitation” (“cyfyngiad ar ôl cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—

  (a)

  an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed;

  (b)

  an instrument—

  (i)

  made under primary legislation (including this Act), and

  (ii)

  which comes into force on or after the day on which section 24 comes into force in relation to principal councils;

• “pre-commencement limitation” (“cyfyngiad cyn cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—

  (a)

  this Act;

  (b)

  any other primary legislation passed before, or on the same day as, the day on which this Act was passed;

  (c)

  an instrument—

  (i)

  made under primary legislation (including this Act), and

  (ii)

  which comes into force before the day on which section 24 comes into force in relation to principal councils.

(5) For the purposes of subsection (1), section 111(3) of the 1972 Act (subsidiary powers of local authorities not to include power to raise money) is to be disregarded.