C1Part I Best Value
Exercise of functions by best value authorities
I116 Power F7of Secretary of State to modify enactments and confer new powers.
1
If the Secretary of State thinks that an enactment prevents or obstructs compliance by best value authorities with the requirements of this Part he may by order make provision modifying or excluding the application of the enactment F1in relation to—
a
all best value authorities,
b
particular best value authorities, or
c
particular descriptions of best value authority.
2
The Secretary of State may by order make provision F2conferring on—
a
all best value authorities,
b
particular best value authorities, or
c
particular descriptions of best value authority,
which he considers necessary or expedient to permit or facilitate compliance with the requirements of this Part.
3
An order under this section may—
a
impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);
b
amend an enactment;
c
include consequential, incidental and transitional provision;
d
make different provision for different cases.
F33A
The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.
F63B
In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.
3C
In exercising a power under this section, the Secretary of State—
a
must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales;
b
must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.
3D
Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
4
F4Subject to subsection (4A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
F54A
An order under this section which is made only for the purpose of amending an earlier order under this 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,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In exercising a power conferred under subsection (2) a best value authority shall have regard to any guidance issued by the Secretary of State.
F86
In this section—
a
“ enactment ” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);
b
references to a best value authority do not include a Welsh best value authority.
Pt. I modified (18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7), 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7)) by Local Government Act 2003 (c. 26), ss. 101, 128(3)(b), 128(4)(c), 128(5), 128(6); S.I. 2003/2938, art. 2(b) (with art. 8Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I