Local Government (Wales) Act 1994

28 Decentralisation schemes: approval and implementation. E+W

(1) Where a council have submitted a decentralisation scheme to the Secretary of State under section 27 he shall, before the end of the period of six months beginning with the date on which the scheme was submitted to him—

(a) approve the scheme as submitted;

(b) approve the scheme subject to such modifications as he considers appropriate; or

(c) reject the scheme.

(2) Where he proposes not to approve the scheme as submitted, the Secretary of State shall notify the council concerned, before the end of that six month period, of the modifications which he proposes to make to the scheme, or (as the case may be) that he proposes to reject the scheme.

(3) Before he approves a scheme subject to modifications, or rejects a scheme, the Secretary of State shall have regard to any representations which have been made to him by the council concerned.

(4) Where the Secretary of State approves a decentralisation scheme, it shall be the duty of the council concerned to implement and maintain the scheme.

(5) The Secretary of State’s decision under subsection (1) shall be given in writing.

(6) Where the Secretary of State approves a decentralisation scheme, he may give a direction to the council concerned as to the date by which the scheme is to be implemented.

(7) Where the Secretary of State has rejected a decentralisation scheme, he may at any time before the end of the period of six months beginning with the date on which he rejected the scheme, direct the council concerned to prepare and submit to him a revised scheme under section 27.

(8) Nothing in section 27(7) shall be taken to prevent the giving of a direction under subsection (7).

(9) A direction under subsection (7) may require the revised scheme to be submitted to the Secretary of State before a specified date.