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

Modification of certain enactments

7 Power to modify enactments concerning plans etc: Wales.

(1)

Subject to F1subsection (4), F2the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F3(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.

F4(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 F5the 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.

F6(6)

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(7)

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

F7(8)

An order under this section may not make a provision which, if it were a provision of F8an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)

For the purposes of subsection (8), F9section 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.