- Latest available (Revised)
- Point in Time (26/12/2023)
- Original (As enacted)
Point in time view as at 26/12/2023. This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are currently no known outstanding effects for the Local Democracy, Economic Development and Construction Act 2009, Section 49.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
(1)Where a report is made under section 45 in relation to an entity, the local authority with which the entity is connected must—
(a)consider the report and the entity's decision or decisions under section 48(4) at a relevant meeting, and
(b)decide whether the report and the decision or decisions require the authority to take any action, and if so what.
(2)A local authority must discharge its duty under subsection (1) before the end of the period of one month starting with the day on which the entity notifies the local authority under section 48(5).
(3)The person who made the report may extend the period of one month mentioned in subsection (2) if satisfied that it is reasonable to do so to allow the local authority to comply with its duty under subsection (1).
(4)A period may be extended under subsection (3) more than once.
(5)In subsection (1)(a) “relevant meeting” means—
(a)in the case of a local authority not operating executive arrangements, a meeting of the authority or of a committee of the authority;
(b)in the case of a local authority operating executive arrangements—
(i)a meeting of the executive, or
(ii)if the function referred to in that subsection is a responsibility of the authority, a meeting of the authority or of a committee of the authority.
(6)The notice given of the meeting to members of the authority or of the executive or committee of the authority (as the case may be) must include—
(a)a copy of the report, and
(b)a copy of the notification given by the entity under section 48(5).
(7)Subsections (8) and (9) apply in relation to a meeting of a local authority or of a committee of a local authority under this section.
(8)The following powers do not include power to exclude the report—
(a)the power under section 1(4)(b) of the Public Bodies (Admission to Meetings) Act 1960 (c. 67) to exclude items from the matter supplied under that section (supply of agenda etc to newspapers);
(b)the power under [F1section 100BA(2)] of the Local Government Act 1972 (c. 70) to—
(i)exclude documents from the documents [F2published under section 100BA(1)] of that Act, or
(ii)exclude items from the matter supplied under [F3section 100BA(9)] of that Act (public access to agenda and reports before meetings and supply of agenda etc to newspapers).
(9)Part 5A of the Local Government Act 1972 has effect in relation to the report as if [F4section 100C(1B)(d)] of that Act (public access to copies of reports for six years after meeting) were not limited to so much of the report as relates to an item during which the meeting was open to the public.
(10)In this section—
(a)“executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22);
(b)references to a committee of a local authority include a sub-committee.
(11)This section does not affect any duties (so far as they relate to the subject-matter of a report under section 45) imposed by or under any other enactment.
Textual Amendments
F1Words in s. 49(8)(b) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 3(a)(i) (with regs. 10, 11)
F2Words in s. 49(8)(b)(i) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 3(a)(ii) (with regs. 10, 11)
F3Words in s. 49(8)(b)(ii) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 3(a)(iii) (with regs. 10, 11)
F4Words in s. 49(9) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 3(b) (with regs. 10, 11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: