Part 12Entities controlled etc by local authorities

I1214Further provision about orders

1

An order under section 212 F1made by the Welsh Ministers may make provision requiring an entity, a F2Welsh local authority or trustees to obtain the consent of F3the Auditor General for Wales before taking any particular actions.

F42

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3

The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—

a

requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;

b

prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;

c

requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.

4

The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—

a

requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;

b

prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;

c

requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.

5

Nothing in subsections (1) to (4) affects the generality of section 212(1) or (4) or 213(2).

6

Where an order under section 212—

a

makes provision in relation to entities of a particular description, or

b

makes provision in relation to the trustees of trusts of a particular description,

it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.

7

In subsection (6) “relevant document”—

a

means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

b

includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

8

An order under section 212 may include incidental, consequential, transitional or supplementary provision.

9

In this section the following have the same meaning as in section 212—

  • “actions”;

  • “entity”;

  • “local authority”;

  • “qualifying person”;

  • F5Welsh local authority;

and references to a trust connected with a local authority have the same meaning as in section 213.

F610

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