Commentary on Sections
Sections 41, 42 and 43 – Preparation of local well-being plans: information about activities of others, Commissioner’s advice and further consultation and approval
161.These sections set out what a public services board can and must do before publishing its local well-being plan. Before consulting on the plan, the board may require any person invited to participate (other than the Welsh Ministers) or its other partners to provide information about any of their activities that may contribute within the board’ area to achieving the well-being goals.
162.The board must also seek the advice of the Commissioner. This advice will relate to how the public services board can meet their proposed objectives in a manner that is consistent with the sustainable development principle.
163.The Commissioner must provide written advice within 14 weeks of the board seeking it. The board must publish this advice alongside its local well-being plan.
164.Section 43 provides that, prior to publishing their local well-being plan the board must consult, for a minimum of 12 weeks, with those people listed at section 43(1). The board must provide each of the people listed with a copy of their draft local well-being plan as part of the consultation.
165.Where a local authority is operating executive arrangements under Part 2 of the Local Government Act 2000, the local well-being plan may not be approved for publication by an executive of the authority under those arrangements. In addition, section 101 of the Local Government Act 1972 (discharge of functions by committees etc.) does not apply to the approval of local well-being plans for publication.
166.In respect of a Local Health Board, Welsh fire and rescue authority and the National Resources Body for Wales, the local well-being plan may only be approved for publication at a meeting of the body in question.
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