- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/07/2022.
Local Government Act 2000, Part I is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)] In this Part “local authority” means—
(a)in relation to England—
(i)a county council,
(ii)a district council,
(iii)a London borough council,
(iv)the Common Council of the City of London in its capacity as a local authority,
(v)the Council of the Isles of Scilly,
[F2(vi)an eligible parish council,]
(b)in relation to Wales, a county council or a county borough council [F3or a community council].
[F4(2)A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.]
Textual Amendments
F1S. 1 renumbered as s. 1(1) (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(2), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)
F2S. 1(1)(a)(vi) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(3), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)
F3Words in s. 1(1)(b) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 126(1), 178(2) (with s. 128)
F4S. 1(2) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(4), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)
Commencement Information
I1S. 1 wholly in force at 9.4.2001; s. 1 not in force at Royal Assent see s. 108; s. 1 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 1 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in s. 2 heading inserted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(2)(f); S.I. 2021/231, art. 4(c)
F6S. 2 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 3 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(1), 115(3)(k)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 4A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(a), 115(3)(k)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 5 omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(4); S.I. 2021/231, art. 4(c)
(1)Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter [F11so far as that enactment has effect in relation to a local authority in England].
(2)The power under subsection (1) may be exercised in relation to—
(a)all local authorities [F12in England],
(b)particular local authorities [F13in England], or
(c)particular descriptions of local authority [F14in England].
(3)The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—
(a)that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
(b)that any such enactment should be amended so that it operates more effectively in relation to the authority.
(4)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.
(8)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Textual Amendments
F11Words in s. 6(1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(a), 245(2)
F12Words in s. 6(2)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)
F13Words in s. 6(2)(b) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)
F14Words in s. 6(2)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(c), 245(2)
F15S. 6(5) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5
F16S. 6(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5
Commencement Information
I2S. 6 wholly in force at 9.4.2001; s. 6 not in force at Royal Assent see s. 108(4); s. 6 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 6(6) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 6(1)-(5)(7)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2
(1)Subject to [F17subsection (4)], [F18the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F19(whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter] so far as that enactment has effect in relation to a local authority in Wales.
F20(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The power under subsection (1) may be exercised in relation to—
(a)all local authorities in Wales,
(b)particular local authorities in Wales, or
(c)particular descriptions of local authority in Wales.
(4)The power under subsection (1) may be exercised in relation to a local authority only if [F21the Welsh Ministers consider]—
(a)that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
(b)that any such enactment should be amended so that it operates more effectively in relation to the authority.
(5)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
[F23(8)An order under this section may not make a provision which, if it were a provision of [F24an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.
(9)For the purposes of subsection (8), [F25section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act were omitted.]
(10)Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
(11)A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
Textual Amendments
F17Words in s. 7(1) substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(5); S.I. 2021/231, art. 4(c)
F18Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(i), 245(2)
F19Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(ii), 245(2)
F20S. 7(2) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(b), 245(2), Sch. 18 Pt. 5
F21Words in s. 7(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(c), 245(2)
F22S. 7(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(d), 245(2), Sch. 18 Pt. 5
F23S. 7(8)-(11) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(7), 245(2)
F24Words in s. 7(8) substituted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), arts. 2, 6(2)
F25Words in s. 7(9) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
Commencement Information
I3S. 7 wholly in force at 1.11.2000; s. 7 not in force at Royal Assent see s. 108(4); s. 7 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 7 in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2
Marginal Citations
In section 137 of the M2Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—
“(9)Subject to subsection (10) below, in this section “local authority” means a parish or community council.
(10)In subsection (3) above “local authority” means—
(a)in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,
(b)in relation to Wales, a county council, a county borough council or a community council.”
Commencement Information
I4S. 8 wholly in force at 9.4.2001; s. 8 not in force at Royal Assent see s. 108(4); s. 8 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 8 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2
Marginal Citations
Textual Amendments
F26Words in s. 9 cross-heading substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(6); S.I. 2021/231, art. 4(c)
(1)Before the Secretary of State makes an order under [F28section 6] he must consult—
(a)such local authorities,
(b)such representatives of local government, and
(c)such other persons (if any),
as appear to him to be likely to be affected by his proposals.
(2)Where those proposals affect any local authorities in Wales, the Secretary of State must also consult [F29the Welsh Ministers].
(3)If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under [F30section 6] he must lay before each House of Parliament a document which—
(a)explains his proposals,
(b)sets them out in the form of a draft order,
(c)gives details of consultation under subsection (1), and
(d)where consultation has taken place under subsection (2), sets out the views of [F31the Welsh Ministers].
(4)Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F32section 6] to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(5)In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—
(a)Parliament is dissolved or prorogued, or
(b)either House is adjourned for more than four days.
(6)In preparing a draft order under [F33section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).
(7)A draft order under [F33section 6] which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—
(a)any representations considered in accordance with subsection (6), and
(b)any changes made to the proposals contained in the document laid before Parliament under subsection (3).
[F34(8)Nothing in this section applies to an order under [F33section 6] which is made only for the purpose of amending an earlier order under that section—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]
Textual Amendments
F27Words in s. 9 heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(a)
F28Words in s. 9(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F29Words in s. 9(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(a), 245(2)
F30Words in s. 9(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F31Words in s. 9(3)(d) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(b), 245(2)
F32Words in s. 9(4) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F33Words in s. 9(6)-(8) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)
F34S. 9(8) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 13; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Commencement Information
I5S. 9 wholly in force at 9.4.2001; s. 9 not in force at Royal Assent see s. 108(4); s. 9 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 9 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2
(1)Before the Welsh Ministers make an order under [F38section F39... 7] they must consult—
(a)such local authorities in Wales,
(b)such representatives of local government in Wales, and
(c)such other persons (if any),
as appear to them to be likely to be affected by their proposals.
(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under [F40section F41... 7] they must lay before the National Assembly for Wales a document which—
(a)explains their proposals,
(b)sets them out in the form of a draft order, and
(c)gives details of consultation under subsection (1).
(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under [F42section F43... 7] to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales [F44in accordance with section F45... 7(10)] until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4)In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
(5)In preparing a draft order under [F46section F47... 7] the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
(6)A draft order under [F46section F48... 7] which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—
(a)any representations considered in accordance with subsection (5), and
(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
(7)Nothing in this section applies to an order under [F46section F49... 7] which is made only for the purpose of amending an earlier order under that section—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]
Textual Amendments
F35S. 9A inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(9), 245(2)
F36Words in s. 9A heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(a)
F37Words in s. 9A heading omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)
F38Words in s. 9A(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)
F39Words in s. 9A(1) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(a); S.I. 2021/231, art. 4(c)
F40Words in s. 9A(2) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)
F41Words in s. 9A(2) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(b); S.I. 2021/231, art. 4(c)
F42Words in s. 9A(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(i)
F43Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(i); S.I. 2021/231, art. 4(c)
F44Words in s. 9A(3) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(ii)
F45Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(ii); S.I. 2021/231, art. 4(c)
F46Words in s. 9A(5)-(7) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(d)
F47Words in s. 9A(5) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)
F48Words in s. 9A(6) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)
F49Words in s. 9A(7) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)
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