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- Point in Time (01/04/2024)
- Original (As enacted)
Point in time view as at 01/04/2024.
Localism Act 2011, SCHEDULE 3 is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 22
1E+WThe Local Government Act 1972 is amended as follows.
Commencement Information
I1Sch. 3 para. 1 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
2E+WIn section 2 (constitution of principal councils in England) in subsection (2A) omit “or a mayor and council manager executive”.
Commencement Information
I2Sch. 3 para. 2 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
3(1)Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.E+W
(2)In subsection (1C) after “section” insert “ 9EA or ”.
(3)In subsection (5B) after “section” insert “ 9EB or ”.
Commencement Information
I3Sch. 3 para. 3 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
4E+WIn section 102 (appointment of committees) in subsection (1A)—
(a)for “regulations made under section 18” substitute “ section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) ”, and
(b)after “Act 2000” insert “ or under regulations made under section 18 of that Act ”.
Commencement Information
I4Sch. 3 para. 4 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
5E+WIn section 245 (status of certain districts, parishes and communities) in subsections (1A) and (4A)(a) omit “or a mayor and council manager executive”.
Commencement Information
I5Sch. 3 para. 5 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
6(1)Section 270(1) (general provisions as to interpretation) is amended as follows.E+W
(2)In the definition of “elected mayor” after “has” insert “—
(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b)in relation to Wales,”.
(3)In the definition of “executive”, “executive arrangements” and “executive leader” after “have” insert “—
(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b)in relation to Wales,”.
(4)In the definition of “leader and cabinet executive (England)” for “Part 2” substitute “ Part 1A ”.
(5)In the definition of “mayor and cabinet executive” for “have” substitute “has—
(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b)in relation to Wales,”.
Commencement Information
I6Sch. 3 para. 6 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
7E+WIn section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the definition of “the relevant provisions” after “section” insert “ 9F, 9FA or ”.
Commencement Information
I7Sch. 3 para. 7 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
8E+WThe Local Government Act 2000 is amended as follows.
Commencement Information
I8Sch. 3 para. 8 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
9E+WIn the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute “ Local authorities in Wales: arrangements ”.
Commencement Information
I9Sch. 3 para. 9 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
10E+WIn section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.
Commencement Information
I10Sch. 3 para. 10 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
I11Sch. 3 para. 10 in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)
11(1)Section 11 (forms of local authority executives) is amended as follows.E+W
(2)In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.
(3)Omit subsection (2A).
(4)In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.
(5)In subsection (5)—
(a)for “In the case of a local authority in England or Wales, the” substitute “ The ”, and
(b)for “Secretary of State” substitute “ Welsh Ministers ”.
(6)In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Omit subsection (9A).
(9)In subsection (10) omit “(2A)(a) or”.
Textual Amendments
F1Sch. 3 para. 11(7) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 7; S.I. 2021/231, art. 6(u)
Commencement Information
I12Sch. 3 para. 11 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
I13Sch. 3 para. 11 in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)
12(1)Section 12 (additional forms of executive) is amended as follows.E+W
(2)In subsection (1)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)in paragraph (a) for “him” substitute “ them ”, and
(c)in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.
(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4)In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I14Sch. 3 para. 12 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
13(1)Section 13 (functions which are the responsibility of an executive) is amended as follows.E+W
(2)In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
(4)In subsection (9)(b) omit the words from “or section 236” to “England)”.
(5)In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I15Sch. 3 para. 13 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
14(1)Section 14 (discharge of functions: general) is amended as follows.E+W
(2)In the heading for “general” substitute “ mayor and cabinet executive ”.
(3)In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.
(4)In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.
(5)In subsection (6)—
(a)for “a senior executive member” substitute “ an elected mayor ”, and
(b)for “the senior executive member” substitute “ the elected mayor ”.
(6)Omit subsection (7).
Commencement Information
I16Sch. 3 para. 14 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
15E+WIn section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I17Sch. 3 para. 15 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
16(1)Section 18 (discharge of functions by area committees) is amended as follows.E+W
(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.
(4)Omit subsections (4) and (5).
(5)In subsection (6) omit “in Wales”.
Commencement Information
I18Sch. 3 para. 16 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
17(1)Section 19 (discharge of functions of and by another local authority) is amended as follows.E+W
(2)In subsection (1)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)omit the words “(within the meaning of this Part)” in the first place they appear,
(c)for paragraph (a) substitute—
“(a)by a relevant authority (other than the local authority), or”, and
(d)in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.
(3)In subsection (2)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and
(c)for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.
(4)In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.
(5)In subsection (4)—
(a)in paragraph (a)—
(i)for “an executive of a local authority” substitute “ a relevant executive ”, and
(ii)after “the authority” insert “ of which the executive is part ”,
(b)in paragraph (b) for “local authority” substitute “ relevant authority ”, and
(c)in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.
(6)In subsection (8) for “ “specified”” substitute “—
relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 1A;
“specified””.
Commencement Information
I19Sch. 3 para. 17 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
18E+WIn section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I20Sch. 3 para. 18 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
19(1)Section 21 (overview and scrutiny committees) is amended as follows.E+W
(2)In subsection (2)(f)—
(a)omit “section 244 of the National Health Service Act 2006 or”,
(b)for “either of those sections” substitute “ that section ”, and
(c)for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.
(3)In subsection (2ZA) omit “in Wales”.
(4)In subsection (2A)—
(a)omit paragraphs (a) and (b), and
(b)in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.
(5)In subsection (4)—
(a)for “21A to 21C” substitute “ 21A and 21B ”, and
(b)omit the words from “or any functions” to the end.
(6)In subsection (10)—
(a)for “paragraphs 7 to” substitute “ paragraph 8 or ”, and
(b)omit “, unless permitted to do so under paragraph 12 of that Schedule”.
(7)In subsection (10A) omit “in Wales”.
(8)In subsection (13)—
(a)in paragraph (aa) omit the words from “by virtue of” to “England) or”, and
(b)in paragraph (c) omit the words from the beginning to “in Wales”.
(9)In subsection (16)—
(a)omit paragraph (a), and
(b)in paragraph (b) omit “in Wales”.
Commencement Information
I21Sch. 3 para. 19 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
20E+WOmit section 21ZA (scrutiny officers).
Commencement Information
I22Sch. 3 para. 20 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
21(1)Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.E+W
(2)In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.
(3)In subsection (6)(a) omit the words from “section 236” to “2007 or”.
(4)Omit subsections (10) and (11).
(5)In subsection (12) omit “in Wales”.
Commencement Information
I23Sch. 3 para. 21 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
22E+WOmit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).
Commencement Information
I24Sch. 3 para. 22 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
23(1)Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.E+W
(2)In subsection (1)(b) omit sub-paragraph (ii).
(3)In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.
(4)In subsection (6)—
(a)in the definition of “exempt information”—
(i)omit “section 246 of the National Health Service Act 2006 or”, and
(ii)at the end insert “ and ”, and
(b)omit the definition of “relevant partner authority”.
Commencement Information
I25Sch. 3 para. 23 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
24E+WOmit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).
Commencement Information
I26Sch. 3 para. 24 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
25(1)Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.E+W
(2)In the title for “Wales: notifying” substitute “ Notifying ”.
(3)In subsection (1) omit “in Wales”.
Commencement Information
I27Sch. 3 para. 25 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
26E+WOmit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).
Commencement Information
I28Sch. 3 para. 26 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
27E+WIn the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.
Commencement Information
I29Sch. 3 para. 27 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
28(1)Section 22 (access to information) is amended as follows.E+W
(2)In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (12A)—
(a)for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and
(b)in paragraph (a) omit the words from “, or under” to “section 21B,”.
Commencement Information
I30Sch. 3 para. 28 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
29E+WOmit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).
Commencement Information
I31Sch. 3 para. 29 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
30E+WIn section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I32Sch. 3 para. 30 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
31(1)Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.E+W
(2)In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (5) for “him” substitute “ them ”.
Commencement Information
I33Sch. 3 para. 31 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
32(1)Section 28 (approval of outline fall-back proposals) is amended as follows.E+W
(2)In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.
Commencement Information
I34Sch. 3 para. 32 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
33E+WOmit section 31 (alternative arrangements).
Commencement Information
I35Sch. 3 para. 33 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
34E+WOmit section 32 (alternative arrangements).
Commencement Information
I36Sch. 3 para. 34 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
35(1)Section 33ZA (Wales: changing governance arrangements) is amended as follows.E+W
(2)In the heading for “Wales: changing” substitute “ Changing ”.
(3)Omit “in Wales,”.
Commencement Information
I37Sch. 3 para. 35 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
36E+WOmit section 33A (executive arrangements).
Commencement Information
I38Sch. 3 para. 36 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
37E+WOmit section 33B (executive arrangements: other variations of arrangements).
Commencement Information
I39Sch. 3 para. 37 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
38E+WOmit section 33C (alternative arrangements: move to executive arrangements).
Commencement Information
I40Sch. 3 para. 38 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
39E+WOmit section 33D (alternative arrangements: variation of arrangements).
Commencement Information
I41Sch. 3 para. 39 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
40E+WOmit section 33E (proposals by local authority).
Commencement Information
I42Sch. 3 para. 40 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
41E+WOmit section 33F (resolution of local authority).
Commencement Information
I43Sch. 3 para. 41 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
42E+WOmit section 33G (implementation: new executive or move to executive arrangements).
Commencement Information
I44Sch. 3 para. 42 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
43E+WOmit section 33H (implementation: other change in governance arrangements).
Commencement Information
I45Sch. 3 para. 43 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
44E+WOmit section 33I (general).
Commencement Information
I46Sch. 3 para. 44 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
45E+WOmit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).
Commencement Information
I47Sch. 3 para. 45 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
46E+WOmit section 33K (changes subject to approval in referendum: additional requirements).
Commencement Information
I48Sch. 3 para. 46 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
47E+WOmit section 33L (change not subject to approval in a referendum: additional requirements).
Commencement Information
I49Sch. 3 para. 47 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
48E+WOmit section 33M (cases in which change is subject to approval in referendum).
Commencement Information
I50Sch. 3 para. 48 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
49E+WOmit section 33N (variation of mayoral executive).
Commencement Information
I51Sch. 3 para. 49 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
50E+WOmit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).
Commencement Information
I52Sch. 3 para. 50 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
51(1)Section 34 (referendum following petition) is amended as follows.E+W
(2)In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.
(4)In subsection (3) omit “or of any of sections 33A to 33O”.
Commencement Information
I53Sch. 3 para. 51 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
52(1)Section 35 (referendum following direction) is amended as follows.E+W
(2)In subsection (1)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “him” substitute “ them ”.
(3)In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
(4)In subsection (3) omit “or of any of sections 33A to 33O”.
Commencement Information
I54Sch. 3 para. 52 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
53(1)Section 36 (referendum following order) is amended as follows.E+W
(2)In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (3) omit “or of any of sections 33A to 33O”.
Commencement Information
I55Sch. 3 para. 53 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
54E+WIn section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I56Sch. 3 para. 54 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
55E+WIn section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I57Sch. 3 para. 55 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
56(1)Section 39 (elected mayors etc) is amended as follows.E+W
(2)Omit subsection (2).
(3)In subsection (3) omit “in Wales”.
(4)In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
(5)In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.
(6)After subsection (5C) insert—
“(5D)A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”
(7)Omit subsection (6).
Commencement Information
I58Sch. 3 para. 56 in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(i)
57E+WIn section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.
Commencement Information
I59Sch. 3 para. 57 in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(i)
58E+WOmit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).
Commencement Information
I60Sch. 3 para. 58 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
59E+WOmit section 44B (election of leader: partial-council elections).
Commencement Information
I61Sch. 3 para. 59 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
60E+WOmit section 44C (removal of leader).
Commencement Information
I62Sch. 3 para. 60 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
61E+WOmit section 44D (term of office of leader: whole-council elections).
Commencement Information
I63Sch. 3 para. 61 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
62E+WOmit section 44E (term of office of leader: partial council elections).
Commencement Information
I64Sch. 3 para. 62 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
63E+WOmit section 44F (leader to continue to hold office as councillor).
Commencement Information
I65Sch. 3 para. 63 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
64E+WOmit section 44G (no other means of electing or removing leader).
Commencement Information
I66Sch. 3 para. 64 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
65E+WOmit section 44H (regulations).
Commencement Information
I67Sch. 3 para. 65 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
66(1)Section 45 (provisions with respect to referendums) is amended as follows.E+W
(2)In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.
(3)In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.
(4)In subsection (8B)—
(a)in paragraph (a)—
(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (b)—
(i)for “Secretary of State” substitute “ Welsh Ministers ”, and
(ii)for “each House” substitute “ the National Assembly for Wales ”.
(5)In subsection (8D)—
(a)in paragraph (a)—
(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (b)—
(i)for “Parliament” substitute “ the National Assembly for Wales ”,
(ii)for “Secretary of State” substitute “ Welsh Ministers ”,
(iii)for “each House” substitute “ the Assembly ”, and
(iv)for “his” substitute “ their ”.
(6)In subsection (9) omit “or 33K”.
Commencement Information
I68Sch. 3 para. 66 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
67(1)Section 47 (power to make incidental, consequential provision etc) is amended as follows.E+W
(2)In subsection (1)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)for “he considers” substitute “ they consider ”.
(3)In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.
(4)In subsection (6) omit paragraph (b).
Commencement Information
I69Sch. 3 para. 67 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)
68(1)Section 48 (interpretation of Part 2) is amended as follows.E+W
(2)In subsection (1)—
(a)in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,
(b)in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and
(c)omit the definition of “ordinary day of election”.
(3)Omit subsection (1A).
(4)In subsection (2) omit paragraph (b).
(5)In subsection (3) omit paragraph (b).
(6)In subsection (7)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “him” substitute “ them ”.
Commencement Information
I70Sch. 3 para. 68(1)(2)(a)(4)-(6) in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
I71Sch. 3 para. 68(2)(b) in force at 9.3.2012 for specified purposes by S.I. 2012/628, art. 2(b)(ii)
I72Sch. 3 para. 68(2)(b) in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)
I73Sch. 3 para. 68(2)(c)(3) in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(iii)
69E+WIn section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.
Commencement Information
I74Sch. 3 para. 69 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
70(1)Section 105 (orders and regulations) is amended as follows.E+W
(2)In subsection (6)—
(a)after “6,” insert “ 9N, ”, and
(b)for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “ section 9BA, 9HE, 9MG or 44 ”.
(3)After subsection (7) insert—
“(7A)If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”
Commencement Information
I75Sch. 3 para. 70 in force at 3.12.2011 by S.I. 2011/2896, art. 2(h)
71E+WIn section 106 (Wales) in subsection (1) omit paragraph (a).
Commencement Information
I76Sch. 3 para. 71 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
72(1)Schedule 1 (executive arrangements: further provision) is amended as follows.E+W
(2)In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert “ in Wales ”.
(3)In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.
(4)Omit paragraph 1A and the heading immediately before it.
(5)In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.
(6)Omit paragraph 7.
(7)In paragraph 8—
(a)in sub-paragraph (1) omit—
(i)“Welsh”, and
(ii)“in Wales”,
(b)in sub-paragraphs (2), (3) and (7) omit “Welsh”, and
(c)in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
(8)In paragraph 9—
(a)in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,
(b)in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,
(c)in sub-paragraph (6)(a)—
(i)for “Secretary of State” substitute “ Welsh Ministers ”, and
(ii)for “he considers” substitute “ they consider ”, and
(d)in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.
(9)In paragraph 10 omit “7,”.
(10)In paragraph 11 for “7” substitute “ 8 ”.
(11)In paragraph 11A for “7 to” substitute “ 8 and ”.
(12)Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).
Commencement Information
I77Sch. 3 para. 72 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
73E+WThe National Health Service Act 2006 is amended as follows.
Commencement Information
I78Sch. 3 para. 73 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
74E+WIn section 244 (functions of overview and scrutiny committees) after subsection (4) insert—
“(5)In this section, section 245 and section 246 references to an overview and scrutiny committee include references to—
(a)an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and
(b)an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).”
Commencement Information
I79Sch. 3 para. 74 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
75(1)Section 245 (joint overview and scrutiny committees etc) is amended as follows.E+W
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (3)(b)—
(a)in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and
(b)omit sub-paragraphs (ia) and (ib).
(4)In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.
(5)In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.
Textual Amendments
F2Sch. 3 para. 75(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I80Sch. 3 para. 75 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
F376E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 para. 76 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
77(1)Section 247 (application to the City of London) is amended as follows.E+W
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (3)—
(a)for “Section 21” substitute “ Section 9F ”,
(b)in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and
(c)omit paragraphs (b) to (d).
(4)After subsection (3) insert—
“(3A)Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—
(a)of subsection (3),
(b)in subsection (6), of paragraph (b), and
(c)in subsection (8)(a), of the reference to members of the executive.”
(5)In subsection (4)—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “section 21(2)” substitute “ section 9F(2) ”.
Textual Amendments
F4Sch. 3 para. 77(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Sch. 3 para. 77(5)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I81Sch. 3 para. 77 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
F678E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 3 para. 78 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
79E+WThe Police and Justice Act 2006 is amended as follows.
Commencement Information
I82Sch. 3 para. 79 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
80(1)Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.E+W
(2)In subsection (3)(a)—
(a)after the first “section” insert “ 9F(2) or ”, and
(b)after the second “section” insert “ 9JA(2) or ”.
(3)In subsection (9) omit “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.
(4)After subsection (9) insert—
“(9A)In subsection (9) “overview and scrutiny committee” means—
(a)in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and
(b)in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).
(9B)In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.”
(5)In subsection (10) for the words from “not” to “Act 2000” substitute “ in cases that are not within subsection (9) or (9B) ”.
(6)In subsection (11)—
(a)before the definition of “crime and disorder functions” insert—
““committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);”
(b)in the definition of “executive arrangements” for the words from the second “executive” to the end substitute “—
(a)in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and
(b)in relation to Wales, executive arrangements under Part 2 of that Act;”.
Commencement Information
I83Sch. 3 para. 80 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
81E+WIn Schedule 8 (further provision about crime and disorder committees of certain local authorities) in paragraph 1(1)—
(a)after “authority” insert “—
(a)”,
(b)after “Part” insert “ 1A or ”, and
(c)after “(c. 22)” insert “, and
(b)that has not appointed an overview and scrutiny committee under section 9JA of that Act”.
Commencement Information
I84Sch. 3 para. 81 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)
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