SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS: PART 1

(introduced by section 51(1))

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

I331

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

I202

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)

I343

Amend the Social Security Administration Act 1992 as follows.

I214

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

I225

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

I236

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)

I357

Amend the Audit Commission Act 1998 as follows.

I68

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

Local Government Act 1999 (c. 27)

I369

Amend the Local Government Act 1999 as follows.

I710

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

I811

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

I912

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

I1013

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

I1114

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

I1215

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

I1316

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

I1417

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

I1518

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,

I1619

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

I1720

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

I1821

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

I1922

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)

I3723

Amend the Local Government Act 2003 as follows.

I2624

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 ”.

I2725

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.

I2826

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.

F327

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I2928

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;

I3029

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;

I3130

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;

I3231

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)

I3832

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

I533

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)

I3934

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

I2435

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 ”.

I2536

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))

F4...

Annotations:
Amendments (Textual)

F41

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F42

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F13

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Planning and Compulsory Purchase Act 2004 (c. 5)

I14

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

I25

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

d

any relevant community strategy;

I36

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.

F2SCHEDULE 3TRANSITIONAL PROVISION AND SAVINGS

(introduced by section 51(3))

Annotations:
Amendments (Textual)

F2Local Government Act 2000 (c. 22)

F21

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F22

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F2Planning and Compulsory Purchase Act 2004 (c. 5)

F23

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F24

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F25

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F26

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F27

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F2Community Strategies produced under section 4 of the Local Government Act 2000

F28

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F29

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I4I40SCHEDULE 4REPEALS

(introduced by section 52)

Annotations:
Commencement Information
I4

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

I40

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).