Local Government Act 2000

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

Interpretation E+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 [F3 or 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

F1 S. 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)

F2 S. 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)

F3 Words 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)

F4 S. 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

I1 S. 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-being E+W

F6 2 Promotion of well-being [F5 by community councils]. E+W

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Textual Amendments

F5 Words in s. 2 heading inserted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(2)(f); S.I. 2021/231, art. 4(c)

F6 S. 2 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)

F7 3 Limits on power to promote well-being. E+W

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Textual Amendments

F7 S. 3 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)

F8 4 Strategies for promoting well-being. E+W

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Textual Amendments

F8 S. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(1), 115(3)(k)

F9 4A Strategies: parishes E+W

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Textual Amendments

F9 S. 4A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(a), 115(3)(k)

F10 5 Power to amend or repeal enactments. E+W

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Textual Amendments

F10 S. 5 omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(4); S.I. 2021/231, art. 4(c)

Modification of certain enactments E+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 [F11 so 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 [F12 in England],

(b) particular local authorities [F13 in England], or

(c) particular descriptions of local authority [F14 in 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.

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (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

F11 Words in s. 6(1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(a), 245(2)

F12 Words in s. 6(2)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)

F13 Words in s. 6(2)(b) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)

F14 Words in s. 6(2)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(c), 245(2)

F15 S. 6(5) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5

F16 S. 6(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5

Commencement Information

I2 S. 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 [F17 subsection (4)], [F18 the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F19 (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.

F20 (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 [F21 the 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.

F22 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1 Interpretation Act 1978).

[F23 (8) An order under this section may not make a provision which, if it were a provision of [F24 an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9) For the purposes of subsection (8), [F25 section 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

F17 Words in s. 7(1) substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(5); S.I. 2021/231, art. 4(c)

F18 Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(i), 245(2)

F19 Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(ii), 245(2)

F20 S. 7(2) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(b), 245(2), Sch. 18 Pt. 5

F21 Words in s. 7(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(c), 245(2)

F22 S. 7(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(d), 245(2), Sch. 18 Pt. 5

F23 S. 7(8)-(11) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(7), 245(2)

F24 Words in s. 7(8) substituted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), arts. 2, 6(2)

F25 Words in s. 7(9) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Commencement Information

I3 S. 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

M1 1978 c. 30.

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

In section 137 of the M2 Local 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

I4 S. 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

M2 1972 c. 70.

Procedure for orders under [F26 this Part] E+W

Textual Amendments

F26 Words in s. 9 cross-heading substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(6); S.I. 2021/231, art. 4(c)

9 Procedure for orders [F27 made by the Secretary of State under section 6]. E+W

(1) Before the Secretary of State makes an order under [F28 section 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 [F29 the Welsh Ministers].

(3) If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under [F30 section 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 [F31 the Welsh Ministers].

(4) Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F32 section 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 [F33 section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7) A draft order under [F33 section 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).

[F34 (8) Nothing in this section applies to an order under [F33 section 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

F27 Words in s. 9 heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(a)

F28 Words in s. 9(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F29 Words in s. 9(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(a), 245(2)

F30 Words in s. 9(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F31 Words in s. 9(3)(d) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(b), 245(2)

F32 Words in s. 9(4) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F33 Words in s. 9(6)-(8) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F34 S. 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

I5 S. 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

[F35 9A Procedure for orders [F36 made by the Welsh Ministers under section F37 ... 7] E+W

(1) Before the Welsh Ministers make an order under [F38 section F39 ... 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 [F40 section F41 ... 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 [F42 section F43 ... 7] to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales [F44 in accordance with section F45 ... 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 [F46 section F47 ... 7] the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6) A draft order under [F46 section F48 ... 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 [F46 section F49 ... 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

F35 S. 9A inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(9), 245(2)

F36 Words in s. 9A heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(a)

F37 Words in s. 9A heading omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F38 Words in s. 9A(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)

F39 Words in s. 9A(1) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(a); S.I. 2021/231, art. 4(c)

F40 Words in s. 9A(2) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)

F41 Words in s. 9A(2) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(b); S.I. 2021/231, art. 4(c)

F42 Words in s. 9A(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(i)

F43 Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(i); S.I. 2021/231, art. 4(c)

F44 Words in s. 9A(3) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(ii)

F45 Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(ii); S.I. 2021/231, art. 4(c)

F46 Words in s. 9A(5)-(7) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(d)

F47 Words in s. 9A(5) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F48 Words in s. 9A(6) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F49 Words in s. 9A(7) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)