Part I Promotion of economic, social or environmental well-being etc
Promotion of well-being
C1I12 Promotion of well-being.
1
Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects—
a
the promotion or improvement of the economic well-being of their area,
b
the promotion or improvement of the social well-being of their area, and
c
the promotion or improvement of the environmental well-being of their area.
2
The power under subsection (1) may be exercised in relation to or for the benefit of—
a
the whole or any part of a local authority’s area, or
b
all or any persons resident or present in a local authority’s area.
3
In determining whether or how to exercise the power under subsection (1), a local authority F15in England must have regard to their strategy under section 4.
F133A
But, in the case of an eligible parish council, that is subject to section 4A.
F143B
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).
4
The power under subsection (1) includes power for a local authority to—
a
incur expenditure,
b
give financial assistance to any person,
c
enter into arrangements or agreements with any person,
d
co-operate with, or facilitate or co-ordinate the activities of, any person,
e
exercise on behalf of any person any functions of that person, and
f
provide staff, goods, services or accommodation to any person.
5
The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
6
Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
I23 Limits on power to promote well-being.
1
The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
C32
The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
3
The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
F13A
The power under subsection (3) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
4
F2Subject to subsection (4A), before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
F34A
Subsection (4) does not apply to an order under this section which is made only for the purpose of amending an earlier order under this 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.
5
Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
6
Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
7
In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to F7the Welsh Ministers.
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
I3C24 Strategies for promoting well-being.
1
Every local authority F16in England must prepare a strategy (referred to in this section as a F4sustainable community strategy ) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.
2
A local authority may from time to time modify their F5sustainable community strategy .
3
In preparing or modifying their F6sustainable community strategy , a local authority—
a
must consult and seek the participation of F9—
i
in the case of a responsible local authority, each partner authority and such other persons as the responsible local authority consider appropriate, or
ii
in any other case, such persons as the authority consider appropriate, F19...
F18aa
must, if it is a local authority in England, have regard to the following, so far as they relate to the authority's area—
i
any arrangements made under section 21 of the Child Poverty Act 2010 (co-operation to reduce child poverty in local area);
ii
any local child poverty needs assessment prepared under section 22 of that Act (local child poverty needs assessment);
iii
any joint child poverty strategy prepared under section 23 of that Act (joint child poverty strategy for local area), and
b
must have regard to any guidance for the time being issued by the Secretary of State.
4
Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
F175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86
In subsection (3)(a), “responsible local authority” and “partner authority”, in relation to a responsible local authority, have the same meanings as in Chapter 1 (local area agreements) of Part 5 of the Local Government and Public Involvement in Health Act 2007 (see sections 103 and 104 of that Act).
4AF12Strategies: parishes
1
The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.
2
But in exercising the power under section 2(1), an eligible parish council must have regard to any community strategy prepared by a relevant principal council.
3
In this section “relevant principal council”, in relation to a parish council, means any county council, district council or London borough council whose area the parish lies within.
I45 Power to amend or repeal enactments.
1
If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.
2
The power under subsection (1) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
3
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F104
In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.
4A
In exercising the power under subsection (1), the Secretary of State—
a
must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and
b
must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.
4B
Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
5
F11The Welsh Ministers may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
6
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).