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

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.

Commencement Information

I1 Sch. 3 para. 1 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

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).

Commencement Information

I2 Sch. 3 para. 2 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

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).

Commencement Information

I3 Sch. 3 para. 3 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

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.

Commencement Information

I4 Sch. 3 para. 4 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

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).

Commencement Information

I5 Sch. 3 para. 5 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

Localism Act 2011 (c. 20) E+W

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

Commencement Information

I6 Sch. 3 para. 6 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

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.

Commencement Information

I7 Sch. 3 para. 7 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)

This Act E+W

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

Commencement Information

I8 Sch. 3 para. 8 in force at 1.11.2021 by S.I. 2021/231, art. 4(c)