Local Government Act 2000

5Power to amend or repeal enactments

This section has no associated Explanatory Notes

(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.

(4)In exercising the power under subsection (1), the Secretary of State—

(a)must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and

(b)must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.

(5)The National Assembly for Wales 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 [1978 c. 30.] Interpretation Act 1978).