Local Government Act 200037

1

The Local Government Act 2000 (“the 2000 Act”) M1 is amended in accordance with paragraphs (2) to (6).

2

In section 5 (power to amend or repeal enactments)—

a

in subsection (1)—

i

for “Secretary of State thinks” substitute “ Welsh Ministers think ”;

ii

for “he” substitute “ they ”;

b

after subsection (3) insert—

3A

Subject to subsection (3B), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

3B

A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—

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 authorities of a particular description,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

c

omit subsections (4), (4A), (4B) and (5).

3

In the italic heading above section 9, for “section 5 or 6” substitute “ sections 5 to 7 ”.

4

In section 9 (procedure for orders under section 5 or 6)—

a

in the heading, for “under section 5 or 6” substitute “ made by the Secretary of State under section 6 ”;

b

in subsections (1), (3), (4) and (6) to (8), for “section 5 or 6” substitute “ section 6 ”.

5

In section 9A (procedure for orders under section 7)—

a

in the heading, for “under section 7” substitute “ made by the Welsh Ministers under section 5 or 7 ”;

b

in subsections (1) and (2), for “section 7” substitute “ section 5 or 7 ”;

c

in subsection (3)—

i

for “section 7” substitute “ section 5 or 7 ”;

ii

after “for Wales”, in the second place those words occur, insert “ in accordance with section 5(3A) or 7(10) ”; and

d

in subsections (5) to (7) for “section 7” substitute “ section 5 or 7 ”.

6

In section 105 (orders and regulations) M2, in subsections (6) and (6A), omit “, 5”.