Part I Promotion of economic, social or environmental well-being etc
Interpretation
I11 Meaning of “local authority” in Part I.
F281
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,
F29vi
an eligible parish council,
b
in relation to Wales, a county council or a county borough council.
F302
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.
Promotion of well-being
C1I2C42 Promotion of well-being.
1
Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects—
a
the promotion or improvement of the economic well-being of their area,
b
the promotion or improvement of the social well-being of their area, and
c
the promotion or improvement of the environmental well-being of their area.
2
The power under subsection (1) may be exercised in relation to or for the benefit of—
a
the whole or any part of a local authority’s area, or
b
all or any persons resident or present in a local authority’s area.
3
In determining whether or how to exercise the power under subsection (1), a local authority F34in England must have regard to their strategy under section 4.
F323A
But, in the case of an eligible parish council, that is subject to section 4A.
F333B
In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the community strategy for its area published under section 39(4) of the Local Government (Wales) Measure 2009 or, where the strategy has been amended following a review under section 41 of that Measure, the strategy most recently published under section 41(6).
4
The power under subsection (1) includes power for a local authority to—
a
incur expenditure,
b
give financial assistance to any person,
c
enter into arrangements or agreements with any person,
d
co-operate with, or facilitate or co-ordinate the activities of, any person,
e
exercise on behalf of any person any functions of that person, and
f
provide staff, goods, services or accommodation to any person.
5
The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
6
Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
I33 Limits on power to promote well-being.
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).
C32
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.
F13A
The power under subsection (3) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
4
F2Subject to subsection (4A), 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.
F34A
Subsection (4) does not apply to 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.
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 F8the Welsh Ministers.
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
I4C24 Strategies for promoting well-being.
C51
Every local authority F35in England must prepare a strategy (referred to in this section as a F5sustainable community strategy ) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.
2
A local authority may from time to time modify their F6sustainable community strategy .
3
In preparing or modifying their F7sustainable community strategy , a local authority—
a
must consult and seek the participation of F10—
i
in the case of a responsible local authority, each partner authority and such other persons as the responsible local authority consider appropriate, or
ii
in any other case, such persons as the authority consider appropriate, F38...
F37aa
must, if it is a local authority in England, have regard to the following, so far as they relate to the authority's area—
i
any arrangements made under section 21 of the Child Poverty Act 2010 (co-operation to reduce child poverty in local area);
ii
any local child poverty needs assessment prepared under section 22 of that Act (local child poverty needs assessment);
iii
any joint child poverty strategy prepared under section 23 of that Act (joint child poverty strategy for local area), and
b
must have regard to any guidance for the time being issued by the Secretary of State.
4
Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
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F96
In subsection (3)(a), “responsible local authority” and “partner authority”, in relation to a responsible local authority, have the same meanings as in Chapter 1 (local area agreements) of Part 5 of the Local Government and Public Involvement in Health Act 2007 (see sections 103 and 104 of that Act).
4AF31Strategies: parishes
1
The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.
2
But in exercising the power under section 2(1), an eligible parish council must have regard to any community strategy prepared by a relevant principal council.
3
In this section “relevant principal council”, in relation to a parish council, means any county council, district council or London borough council whose area the parish lies within.
I55 Power to amend or repeal enactments.
1
If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.
2
The power under subsection (1) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
3
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F114
In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.
4A
In exercising the power under subsection (1), the Secretary of State—
a
must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and
b
must not make any provision amending, revoking or disapplying 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.
4B
Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
5
F12The Welsh Ministers may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
6
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).
Modification of certain enactments
I66 Power to modify enactments concerning plans etc.
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 F13so 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 F14in England,
b
particular local authorities F15in England, or
c
particular descriptions of local authority F16in 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.
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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).
I77 Power to modify enactments concerning plans etc: Wales.
1
Subject to subsections (4) and (6), F19the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F20(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.
F212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F22the 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.
F236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).
F248
An order under this section may not make a provision which, if it were a provision of F39an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.
9
For the purposes of subsection (8), F40section 108(4) of the Government of Wales Act 2006 (Legislative competence) has effect as if paragraph (a) 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.
I88 Modification of section 137 of the 1972 Act.
In section 137 of the M4Local 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.
Procedure for orders under section 5 or 6
I99 Procedure for orders under section 5 or 6.
1
Before the Secretary of State makes an order under section 5 or 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 F25the Welsh Ministers.
3
If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 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 F26the Welsh Ministers.
4
Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 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 section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
7
A draft order under section 5 or 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).
F48
Nothing in this section applies to an order under section 5 or 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.
9AF27Procedure for orders under section 7
1
Before the Welsh Ministers make an order under section 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 section 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 section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales 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 section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
6
A draft order under section 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 section 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.