Local Government (Wales) Measure 2009

Community planning W

37 Community planning W

(1) A local authority must—

(a) initiate; and

(b) having done so, maintain, facilitate and participate in,

community planning for its area.

(2) Community planning for a local authority's area is a process by which the authority and its community planning partners—

(a) identify long-term objectives for improving—

(i) the social well-being of the area;

(ii) the economic well-being of the area; and

(iii) the environmental well-being of the area;

(b) identify long-term objectives in relation to the area for contributing to the achievement of sustainable development in the United Kingdom; and

(c) identify actions to be performed and functions to be exercised by the local authority and its community planning partners for the purpose of meeting the objectives identified under paragraphs (a) and (b).

(3) Every community planning partner of a local authority—

(a) must participate in community planning for the authority's area to the extent that such planning is connected with the partner's functions; and

(b) must assist the authority in the discharge of its duties under subsection (1).

(4) For the purposes of this section, a reference to an action to be performed or a function to be exercised by a local authority or one of its community planning partners is a reference to an action or function which is within the powers of the authority or partner.

Commencement Information

I1 S. 37 in force at 1.1.2010 by S.I. 2009/3272, art. 2, Sch. 1

38 Meaning of “community planning partners” W

(1) For the purposes of this Part, a local authority's community planning partners are the following—

(a) a community council for a community any part of which falls within the local authority's area;

(b) a Welsh fire and rescue authority constituted for an area any part of which falls within the local authority's area;

(c) a Local Health Board established for an area any part of which falls within the local authority's area;

(d) an NHS Trust which is specified in relation to the authority's area by direction of the Welsh Ministers;

(e) a National Park authority any part of whose area falls within the local authority's area;

(f) a [F1 police and crime commissioner] for a police area any part of which falls within the local authority's area;

(g) the chief constable of the police force for a police area referred to in paragraph (f).

(2) Subject to subsections (3) and (4) the Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (1);

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.

(3) The Welsh Ministers must not exercise their power under subsection (2)—

(a) so as to include, or provide for the inclusion of, a person within subsection (1) who does not have functions of a public nature;

(b) so as to include, or provide for the inclusion of, a person within that subsection unless they have consulted—

(i) where they propose to include a person, that person;

(ii) such representatives of local authorities in Wales as the Welsh Ministers consider appropriate;

(iii) such representatives of community planning partners as the Welsh Ministers consider appropriate.

(4) If the Welsh Ministers exercise their power under subsection (2) so as to include, or provide for the inclusion of, a person within subsection (1) who has functions of both a public and a private nature, they must include that person, or provide for that person's inclusion, only in relation to those of its functions which are of a public nature.

Textual Amendments

F1 Words in s. 38(1)(f) substituted (2.7.2014) by The Local Government (Wales) Measure 2009 (Amendment) Order 2014 (No. 1713), arts. 1(2), 2(2)

Commencement Information

I2 S. 38 in force at 17.7.2009 by S.I. 2009/1796, art. 2(o)