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

Modification of certain enactments

I17 Power to modify enactments concerning plans etc: Wales.

1

Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.

2

This subsection applies to—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

section 2 of the M1Home Energy Conservation Act 1995,

c

section 84(2)(b) of the M2Environment Act 1995,

d

any other enactment (whenever passed or made) which—

i

requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and

ii

is specified in an order made by the Secretary of State under this subsection.

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 the National Assembly for Wales 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.

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.

6

An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.

7

In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).