http://www.legislation.gov.uk/ukpga/2000/22/section/3/2004-06-21Local Government Act 2000An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.2000-08-01texttext/xmlenStatute Law Database2026-07-12Expert Participation2004-06-21 Part I Promotion of economic, social or environmental well-being <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation> Promotion of well-being Limits on power to promote well-being.31The 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).2The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).3The 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.3AThe power under subsection (3) may be exercised in relation to—aall local authorities,bparticular local authorities, orcparticular descriptions of local authority.4Subject 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.4ASubsection (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—aso as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, orbso 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.5Before 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.6Before 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.7In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.8In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).S. 3 wholly in force at 9.4.2001; s. 3 not in force at Royal Assent see s. 108; s. 3 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 3(3)-(7) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 3(1)(2)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 21978 c. 30. S. 3(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)S. 3(3A) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 12(2); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. IWords in s. 3(4) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 12(3); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I S. 3(4A) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 12(4); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I