Part I Promotion of economic, social or environmental well-being etc
Interpretation
I11 Meaning of “local authority” in Part I.
F201
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,
F21vi
an eligible parish council,
b
in relation to Wales, a county council or a county borough council F25or a community council.
F222
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
C1I2C32 Promotion of well-being.
1
Every local authority F28in 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.
F273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233B
In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the F34local 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).
F333C
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).
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).
C22
The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
3
The F30Welsh 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.
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
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 F30Welsh Ministers about the exercise of that power.
6
Before issuing any guidance under subsection (5), the F30Welsh Ministers must consult such representatives of local government and such other persons (if any) as he considers appropriate.
F297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
F314 Strategies for promoting well-being.
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F324AStrategies: parishes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I45 Power to amend or repeal enactments.
1
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.
F393A
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.
F404
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F454A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F424B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).
F267
The reference to local authorities in subsection (1) does not include community councils.
Modification of certain enactments
I56 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 F5so 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 F6in England,
b
particular local authorities F7in England, or
c
particular descriptions of local authority F8in 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.
F95
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F106
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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).
I67 Power to modify enactments concerning plans etc: Wales.
1
Subject to subsections (4) and (6), F11the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F12(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.
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F14the 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.
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).
F168
An order under this section may not make a provision which, if it were a provision of F24an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.
9
For the purposes of subsection (8), F35section 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.
I78 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 F36sections 5 to 7
I89 Procedure for orders F37made by the Secretary of State under section 6.
1
Before the Secretary of State makes an order under F46section 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 F17the Welsh Ministers.
3
If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under F47section 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 F18the Welsh Ministers.
4
Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under F48section 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 F49section 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
7
A draft order under F49section 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 F49section 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.
9AF19Procedure for orders F38made by the Welsh Ministers under section 5 or 7
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.
Words 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)