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

Promotion of well-being

I13 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).

C12

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 F4the Welsh Ministers.

8

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