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

Modification of certain enactments

I16 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 F1so 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 F2in England,

b

particular local authorities F3in England, or

c

particular descriptions of local authority F4in 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.

F55

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F66

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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).