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

Procedure for orders under F4sections 5 to 7

Annotations:
Amendments (Textual)
F4

Words in s. 9 cross-heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(3)

I19 Procedure for orders F5made by the Secretary of State under section 6.

1

Before the Secretary of State makes an order under F6section 6 he must consult—

a

such local authorities,

b

such representatives of local government, and

c

such other persons (if any),

as appear to him to be likely to be affected by his proposals.

2

Where those proposals affect any local authorities in Wales, the Secretary of State must also consult F2the Welsh Ministers.

3

If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under F7section 6 he must lay before each House of Parliament a document which—

a

explains his proposals,

b

sets them out in the form of a draft order,

c

gives details of consultation under subsection (1), and

d

where consultation has taken place under subsection (2), sets out the views of F3the Welsh Ministers.

4

Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under F8section 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

5

In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House is adjourned for more than four days.

6

In preparing a draft order under F9section 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).

7

A draft order under F9section 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—

a

any representations considered in accordance with subsection (6), and

b

any changes made to the proposals contained in the document laid before Parliament under subsection (3).

F18

Nothing in this section applies to an order under F9section 6 which is made only for the purpose of amending an earlier order under that 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.