Local Government and Elections (Wales) Act 2021 (asc1)

Valid from 01/11/2021

(introduced by sections 29 and 37)

SCHEDULE 3 E+W Amendments relating to Part 2: general power of competence

PART 1 E+W Amendments relating to Chapter 1 of Part 2: the general power

Local Government Act 2000 (c. 22) E+W

1 (1) Part 1 of the 2000 Act (promotion of economic, social or environmental well-being etc.) is amended as follows. E+W

(2) In section 2 (promotion of well-being)—

(a) in subsection (1)—

(i) for “local authority in Wales are” substitute “ community council is ”;

(ii) for “they consider” substitute “ it considers ”;

(iii) in paragraphs (a) to (c) for “their” in each place it occurs substitute “ its ”;

(b) in subsection (2), in paragraphs (a) and (b) for “local authority's” in each place it occurs substitute “community council's”;

(c) for subsections (3B) and (3C) substitute—

“(3B) In determining whether or how to exercise the power under subsection (1), a community council must have regard to the local well-being plan published under Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.”;

(d) in subsection (4), for “local authority” substitute “ community council ”;

(e) in subsection (5)—

(i) for “local authority” substitute “ community council ”;

(ii) for “their area if they consider” substitute “ its area if it considers ”;

(f) in the heading of section 2, at the end insert “ by community councils ”.

(3) In section 3 (limits on power to promote well-being)—

(a) in subsection (1)—

(i) for “local authority” substitute “ community council ”;

(ii) for “they are” substitute “ it is ”;

(iii) for “their” substitute “ its ”;

(b) in subsection (2), for “local authority” substitute “ community council ”;

(c) in subsection (3), for “local authorities” substitute “ community councils ”;

(d) in subsection (3A)—

(i) in paragraphs (a) and (b), for “local authorities” in each place it occurs substitute “ community councils ”;

(ii) in paragraph (c), for “local authority” substitute “ community council ”;

(e) in subsection (4), for “he considers” substitute “ they consider ”;

(f) in subsection (4A), in paragraphs (a) and (b) for “authority or to authorities” in each place it occurs substitute “ community council or to community councils ”;

(g) in subsection (5), for “local authority” substitute “ community council ”;

(h) in subsection (6), for “he considers” substitute “ they consider ”.

(4) Omit section 5 (power to amend or repeal enactments).

(5) In section 7 (power to modify enactments concerning plans etc.), in subsection (1) for “subsections (4) and (6)” substitute “ subsection (4) ”.

(6) In the cross-heading preceding section 9, for the words after “under” substitute “ this Part ”.

(7) In section 9A (procedure for orders under sections 5 and 7)—

(a) in subsection (1), omit “5 or”;

(b) in subsection (2), omit “5 or”;

(c) in subsection (3)—

(i) omit “5 or”;

(ii) omit “5(3A) or”;

(d) in subsections (5) to (7) and the heading, omit “5 or” in each place where it occurs.

Local Government Act 2003 (c. 26) E+W

2 E+W In the Local Government Act 2003, in section 116 (local polls)—

(a) in paragraph (a)(ii), for “services, or” substitute “ services. ”;

(b) omit paragraph (b).

Local Government and Public Involvement in Health Act 2007 (c. 28) E+W

3 E+W In section 115 of the Local Government and Public Involvement in Health Act 2007 (orders under Part 1 of the 2000 Act), omit subsections (3) and (4).

Local Government (Wales) Measure 2009 (nawm 2) E+W

4 E+W In the 2009 Measure, in Schedule 2 (minor and consequential amendments) omit paragraphs 1 and 2 and the cross-heading preceding them.

Local Government (Wales) Measure 2011 (nawm 4) E+W

5 E+W In the 2011 Measure, omit section 126(2) and (3) (which amend sections 2 and 5 of the 2000 Act).

Localism Act 2011 (c. 20) E+W

6 E+W In the Localism Act 2011, in Schedule 1 (consequential amendments) omit paragraph 3.

Well-being of Future Generations (Wales) Act 2015 (anaw 2) E+W

7 E+W In the Well-being of Future Generations (Wales) Act 2015, in Schedule 4 (public services boards: consequential amendments and repeals) omit paragraphs 3 and 4.

This Act E+W

8 E+W In Schedule 14 to this Act, omit paragraph 2.

Valid from 05/05/2022

PART 2 E+W Amendments relating to Chapter 2 of Part 2: eligible community councils

Local Government Act 1972 (c. 70) E+W

9 E+W In the 1972 Act, in section 137(9) (power of local authorities to incur expenditure for certain purposes not otherwise authorised), in paragraph (b) after “community council” insert “ which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence) ”.

Local Government Act 2000 (c. 22) E+W

10 E+W In the 2000 Act, omit sections 2 and 3 (community councils' power to promote well-being).

Nationality, Immigration and Asylum Act 2002 (c. 41) E+W

11 (1) The Nationality, Immigration and Asylum Act 2002 is amended as follows. E+W

(2) In section 55 (late claims: refusal of support), in subsection (4) omit paragraph (c) (but not the “and” which follows it).

(3) In Schedule 3 (withholding and withdrawal of support), in paragraph 1(1) omit paragraph (k).

Local Government Act 2003 (c. 26) E+W

12 (1) The Local Government Act 2003 is amended as follows. E+W

(2) In section 93 (power to charge for discretionary services), in subsection (7) omit paragraph (c).

(3) In Schedule 3 (amendment of certain powers), omit paragraph 12.

Local Government (Wales) Measure 2011 (nawm 4) E+W

13 (1) The 2011 Measure is amended as follows. E+W

(2) Omit section 127 (enactments preventing a community council from exercising its well-being power).

(3) Omit Chapter 9 of Part 7 (quality accreditation in community government).

(4) In section 172 (orders and regulations)—

(a) in subsection (2)(a), omit “or 140”;

(b) in subsection (2)(b) omit “127 or”.

(5) Omit section 173 (procedure applicable to certain orders under section 127).

Localism Act 2011 (c. 20) E+W

14 E+W In the Localism Act 2011, in Schedule 1 (consequential amendments) omit paragraphs 2 and 4 and the cross-heading preceding paragraph 2.

This Act E+W

15 E+W In Part 1 of this Schedule, in paragraph 1 omit sub-paragraphs (2) and (3).