SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS: PART 1

(introduced by section 51(1))

Local Government, Planning and Land Act 1980 (c. 65)

I371

Amend the Local Government, Planning and Land Act 1980 as follows.

I232

In section 2, insert the following at the end of subsection (1)— “ or a Welsh improvement authority for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.

Social Security Administration Act 1992 (c. 5)

I383

Amend the Social Security Administration Act 1992 as follows.

I244

In section 139A(2)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

I255

In section 139C(1)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

I266

In section 139D(1), for paragraph (ca) substitute the following—

ca

a copy of a report has been sent to a local authority under section 22(3) of the Local Government (Wales) Measure 2009 and to the Secretary of State under section 22(5) of that Measure;

Audit Commission Act 1998 (c. 18)

I397

Amend the Audit Commission Act 1998 as follows.

I98

In section 47A (reports relating to performance of English local authorities) omit subsection (5)(a).

Local Government Act 1999 (c. 27)

I409

Amend the Local Government Act 1999 as follows.

I1010

In section 1 (best value authorities) omit subsections (1)(k), (6) and (7).

I1111

In section 2 (power to extend or disapply: Secretary of State) omit subsection (5A).

I1212

In section 3A (involvement of local representatives) omit subsection (3)(b).

I1313

In section 10 (inspections) omit subsection (5)(a).

I1414

In section 10A (inspections: Auditor General for Wales) omit subsections (1)(a) and (4)(a).

I1515

In section 13A (reports of inspections under section 10A) omit subsection (5).

I1616

In section 15 (Secretary of State's powers) omit subsection (2)(aa).

I1717

In section 16 (power of Secretary of State to modify enactments and confer new powers) omit subsection (6)(b).

I1818

In section 19(5) (contracts: exclusion of non-commercial considerations), insert the following after paragraph (a)—

aa

a Welsh improvement authority for the purposes of the Local Government (Wales) Measure 2009,

I1919

In section 23(4)(za) (accounts) omit the words “Welsh best value authorities or”.

I2020

In section 25(2) (coordination of inspections etc) omit paragraph (d).

I2121

In section 28(2) (orders and regulations) omit “6, 7”.

I2222

In section 29 (modifications for Wales)—

a

in subsection (1A) omit “3, 10A, 12A, 13A, 15,” and “23, 25 and 26”;

b

omit subsections (2A), (4) and (6).

Local Government Act 2003 (c. 26)

I4123

Amend the Local Government Act 2003 as follows.

I2924

In section 36(1) (grants in connection with designation for service excellence), after “(best value duty)” insert “ or to a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009 ”.

I3025

In section 36A (grants by Ministers of the Crown in respect of best value authorities etc)—

a

in subsection (1) after “best value authorities” insert “ or a Welsh improvement authority or Welsh improvement authorities ”;

b

in subsection (2)(b) for the words “Welsh best value authority” substitute “ Welsh improvement authority ”;

c

in subsection (3) insert at the end “ or a Welsh improvement authority ”;

d

in subsection (7) for the words “Welsh best value authority” to the end of the subsection substitute—

“Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.

I3126

In section 36B (grants by Welsh Ministers in respect of Welsh best value authorities)—

a

in subsection (1) from the words “the economic” to the end of the subsection substitute “ compliance by a Welsh improvement authority or Welsh improvement authorities with the requirements of Part 1 of the Local Government (Wales) Measure 2009 ”;

b

in subsection (2) after “best value authority” insert “ or Welsh improvement authority ”;

c

in subsection (6) for the words “Welsh best value authority” to the end of the subsection substitute—

“Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.

I3227

In section 93(9) (power to charge for discretionary services) after paragraph (a) insert—

aa

a Welsh improvement authority;

I3328

In section 95(7) (power to trade in function-related activities through a company), in the definition of “relevant authority” after paragraph (a) insert—

aa

a Welsh improvement authority;

I3429

In section 97(11) (power to modify enactments in connection with charging or trading), in the definition of “relevant authority” after paragraph (a) insert—

aa

a Welsh improvement authority;

I3530

In section 101 (staff transfer matters: general)—

a

after subsection (5) insert—

5A

The duties under Part 1 of the Local Government (Wales) Measure 2009 (local government improvement) have effect subject to subsections (1) and (3).

b

in subsection (7A) after paragraph (a) insert—

aa

a Welsh improvement authority;

I3631

In section 124 (general interpretation) after the definition of “valuation tribunal” insert—

“Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.

Fire and Rescue Services Act 2004 (c. 21)

I4232

Amend section 24 of the Fire and Rescue Services Act 2004 (best value) as follows.

I833

After subsection (2) insert the following—

3

Subsection (1) does not apply to a fire and rescue authority in Wales.

4

Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.

5

As applied by subsection (4), those sections have effect as if—

a

in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;

b

sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;

c

in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;

d

in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;

e

in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;

f

in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.

Public Audit (Wales) Act 2004 (c. 23)

I4334

Amend the Public Audit (Wales) Act 2004 as follows.

I2735

In section 41(1) (studies for improving economy etc in services) at the end of paragraph (a) insert— “ or Welsh improvement authorities for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.

I2836

In section 54 (restriction on disclosure of information)—

a

in subsection (1)(a) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”;

b

in subsection (1)(b)—

i

after the word “study” insert “ assessment ”;

ii

at the end insert . “ or Part 1 of the Local Government (Wales) Measure 2009 ”

c

in subsection (2)(b) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”.

SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS: PART 2

(introduced by section 51(2))

Local Government Act 2000 (c. 22)

I11

Amend the Local Government Act 2000 as follows.

I22

In section 2 (promotion of well-being)—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

after subsection (3A) insert—

3B

In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the community strategy for its area published under section 39(4) of the Local Government (Wales) Measure 2009 or, where the strategy has been amended following a review under section 41 of that Measure, the strategy most recently published under section 41(6).

F2I33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning and Compulsory Purchase Act 2004 (c. 5)

I44

Amend section 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) as follows.

I55

For subsection (5)(d) and (e) substitute—

d

any relevant community strategy;

I66

For subsection (7) substitute—

A community strategy is relevant if—

a

in the case of an authority which is a county council or county borough council, it has been published by the authority under section 39 of the Local Government (Wales) Measure 2009 or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure;

b

in the case of an authority which is a National Park authority—

i

its production involved the authority as a community planning partner within the meaning of section 38 of that Measure; and

ii

it has been published under section 39 of that Measure or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure.

F3SCHEDULE 3TRANSITIONAL PROVISION AND SAVINGS

(introduced by section 51(3))

Annotations:
Amendments (Textual)

F3Local Government Act 2000 (c. 22)

F31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3Planning and Compulsory Purchase Act 2004 (c. 5)

F33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3Community Strategies produced under section 4 of the Local Government Act 2000

F38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7I44SCHEDULE 4REPEALS

(introduced by section 52)

Annotations:
Commencement Information
I7

Sch. 4 in force at 1.1.2010 for specified purposes by S.I. 2009/3272, art. 2, Sch. 1

I44

Sch. 4 in force at 1.4.2010 for specified purposes by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

Short title and chapter

Extent of repeal

Audit Commission Act 1998 (c. 18)

In section 47A, subsection (5)(a).

Local Government Act 1999 (c. 27)

In section 1, subsections (1)(k), (6) and (7).

In section 2, subsection (5A).

Section 2A.

In section 3A, subsection (3)(b).

Sections 4, 6, 7, 8A, 8B and 9.

In section 10, subsection (5)(a).

In section 10A, subsections (1)(a) and (4)(a).

In section 13A, subsection (5).

In section 15, subsection (2)(aa).

In section 16, subsection (6)(b).

Sections 17A and 17B.

In section 23(4)(za), the words “Welsh best value authorities or”.

In section 25(2), paragraph (d).

In section 28(2), “6, 7”.

In section 29(1A), “3, 10A, 12A, 13A, 15,” and “23, 25 and 26”.

Local Government Act 2000 (c. 22)

In section 4, subsection (5).