PART 1Local Government
CHAPTER 1General powers of authorities
5Powers to make supplemental provision
(1)
If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts local authorities F1, combined authorities, CCAs from exercising the general power, the Secretary of State may by order amend, repeal, revoke or disapply that provision.
(2)
If the Secretary of State thinks that the general power is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the Secretary of State may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).
(3)
The Secretary of State may by order make provision preventing local authorities F2, combined authorities, CCAs from doing, in exercise of the general power, anything which is specified, or is of a description specified, in the order.
(4)
The Secretary of State may by order provide for the exercise of the general power by local authorities F3, combined authorities, CCAs to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
(5)
The power under subsection (1), (2), (3) or (4) may be exercised in relation to—
(a)
all local authorities F4, combined authorities, CCAs,
(b)
particular local authorities F5, combined authorities, CCAs, or
(c)
particular descriptions of local authority F6, combined authority, CCA.
(6)
The power under subsection (1) or (2) to amend or disapply a statutory provision includes power to amend or disapply a statutory provision for a particular period.
(7)
Before making an order under subsection (1), (2), (3) or (4) the Secretary of State must consult—
(a)
such local authorities F7, combined authorities, CCAs ,
(b)
such representatives of local government, and
(c)
such other persons (if any),
as the Secretary of State considers appropriate.
(8)
Before making an order under subsection (1) that has effect in relation to Wales, the Secretary of State must consult the Welsh Ministers.