3 Limits on power to promote well-being.E+W
(1)The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
(2)The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
(3)The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
(4)Before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(5)Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
(6)Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(7)In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(8)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
Commencement Information
I1S. 3 wholly in force at 9.4.2001; s. 3 not in force at Royal Assent see s. 108; s. 3 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 3(3)-(7) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 3(1)(2)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2
Marginal Citations