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Part IE+W Promotion of economic, social or environmental well-being etc

InterpretationE+W

1 Meaning of “local authority” in Part I.E+W

[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

Promotion of well-beingE+W

2 Promotion of well-being.E+W

(1)Every local authority [F5in Wales] 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.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3B)In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the [F8local well-being plan for its area published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).]]

[F9(3C)The local well-being plan for the area of a community council is the plan referred to in subsection (3B) that is published by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.]

(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).

Textual Amendments

F5Words in s. 2(1) inserted (4.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 1 para. 3; S.I. 2012/1008, art. 2(b) (with arts. 7, 8)

Modifications etc. (not altering text)

C1S. 2 restricted (8.1.2003) by 2002 c. 41, s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 2 restricted (8.1.2003) by 2002 c. 41, ss. 54, 162(2), Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

C2S. 2 functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 7

Commencement Information

I2S. 2 wholly in force at 9.4.2001; s. 2 not in force at Royal Assent see s. 108; s. 2 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 2 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

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 [F10Welsh Ministers] 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.

[F11(3A)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)[F12Subject to subsection (4A),] before making an order under subsection (3), the [F10Welsh Ministers] must consult such representatives of local government and such other persons (if any) as he considers appropriate.

[F13(4A)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 [F10Welsh Ministers] about the exercise of that power.

(6)Before issuing any guidance under subsection (5), the [F10Welsh Ministers] must consult such representatives of local government and such other persons (if any) as he considers appropriate.

F14(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).

Textual Amendments

F12Words in s. 3(4) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 12(3); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C3S. 3(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)

Commencement Information

I3S. 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

F154 Strategies for promoting well-being.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15S. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(1), 115(3)(k)

F164AStrategies: parishesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5 Power to amend or repeal enactments.E+W

(1)If the [F17Welsh Ministers think] that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) [F18they] 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.

[F19(3A)Subject to subsection (3B), 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.

(3B)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 authorities of a particular description,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).

[F24(7)The reference to local authorities in subsection (1) does not include community councils.]

Textual Amendments

Commencement Information

I4S. 5 wholly in force at 9.4.2001; s. 5 not in force at Royal Assent see s. 108(4); s. 5 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 5(5) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 5(1)-(4)(6) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

Modification of certain enactmentsE+W

6 Power to modify enactments concerning plans etc.E+W

(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 [F25so 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 [F26in England],

(b)particular local authorities [F27in England], or

(c)particular descriptions of local authority [F28in 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.

F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(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

Commencement Information

I5S. 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

7 Power to modify enactments concerning plans etc: Wales.E+W

(1)Subject to subsections (4) and (6), [F31the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F32(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.

F33(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 [F34the 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.

F35(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).

[F36(8)An order under this section may not make a provision which, if it were a provision of [F37an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)For the purposes of subsection (8), [F38section 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

Commencement Information

I6S. 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

8 Modification of section 137 of the 1972 Act.E+W

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.”

Commencement Information

I7S. 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

Procedure for orders under [F39sections 5 to 7]E+W

Textual Amendments

F39Words in s. 9 cross-heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(3)

9 Procedure for orders [F40made by the Secretary of State under section 6].E+W

(1)Before the Secretary of State makes an order under [F41section 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 [F42the Welsh Ministers].

(3)If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under [F43section 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 [F44the Welsh Ministers].

(4)Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F45section 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 [F46section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7)A draft order under [F46section 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).

[F47(8)Nothing in this section applies to an order under [F46section 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

F47S. 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

I8S. 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

[F489AProcedure for orders [F49made by the Welsh Ministers under section 5 or 7] E+W

(1)Before the Welsh Ministers make an order under [F50section 5 or 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 [F51section 5 or 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 [F52section 5 or 7] to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales [F53in accordance with section 5(3A) or 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 [F54section 5 or 7] the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6)A draft order under [F54section 5 or 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 [F54section 5 or 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