Localism Act 2011

Localism Act 2011

2011 CHAPTER 20

Commentary

Part 1: Local Government

Chapter 1: General powers of authorities

Section 5: Powers to make supplemental provision

15. Subsection (1) provides the Secretary of State with powers to remove or change statutory provisions that prevent or restrict the legal capacity of local authorities to use the general power in section 1 to do things that an ordinary individual can do. Subsection (2) allows the Secretary of State to remove overlaps between the general power and existing powers. Subsections (3) and (4) allow the Secretary of State to restrict what a local authority may do under the general power or to make its use subject to conditions. Subsection (7) provides that the Secretary of State must consult before exercising any of these powers, which would usually include consultation with any person, or their representatives, substantially affected by the proposal. This duty to consult does not apply to orders made under section 5(3) or (4) that only amend an earlier order so as to apply it to further authorities or disapply it in relation to a particular authority or authorities – see section 7(5). Subsection (8) requires the Secretary of State to consult the Welsh Ministers if an order made under section 5(1) is to have effect in Wales.