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Reform history

Local Government Act 1999

38 versions · 1999-07-27

2023-12-26

Local Government Act 1999

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2021-04-01

Local Government Act 1999

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2017-01-31

Local Government Act 1999

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2016-03-28

Local Government Act 1999

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Changes on 2016-03-28

@@ -1211,7 +1211,7 @@

## SCHEDULE 2

#### Best value authorities.

#### Power to extend or disapply : Secretary of State.

#### Power to modify enactments and confer new powers.

@@ -1221,7 +1221,7 @@

#### Power to extend or disapply: best value authorities in Wales

#### Reports of inspections under section 10A

#### Inspections: housing benefit and council tax benefit.

Part I.

@@ -1673,222 +1673,222 @@

- (b) any action taken by the authority as a result of the report.

#### Audit Commission.

#### Police Act 1996.

#### Guidance.

#### Accounts.

#### Extent.

Sections 8 to 11.

#### Fees: inspections under section 10A

#### Accounts.

#### Coordination of inspections, &c.

#### Guidance.

#### Commencement.

Part I.

#### Power of Secretary of State to modify enactments and confer new powers.

#### Power of Welsh Ministers to modify enactments and confer new powers

#### Power to modify enactments and confer new powers.

#### Contracting out.

#### Accounts.

#### Guidance.

#### Accounts.

#### Police Act 1996.

Part I.

#### Guidance.

#### Coordination of inspections, &c.

Part I.

#### Code of practice and fees: Auditor General for Wales

#### Secretary of State’s powers.

#### Power of Welsh Ministers to modify enactments and confer new powers

##### 17A

- (1) If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to—

- (a) all Welsh best value authorities,

- (b) particular Welsh best value authorities, or

- (c) particular descriptions of Welsh best value authority.

- (2) The Welsh Ministers may by order make provision conferring on—

- (a) all Welsh best value authorities,

- (b) particular Welsh best value authorities, or

- (c) particular descriptions of Welsh best value authority,

any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part.

- (3) An order under this section may—

- (a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

- (b) amend an enactment;

- (c) include consequential, incidental and transitional provision;

- (d) make different provision for different cases.

- (4) The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.

- (5) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

- (6) For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.

- (7) Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales.

- (8) An order under this section which is made only for the purpose of amending an earlier order under this section—

- (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 to authorities of a particular description,

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

- (9) In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers.

- (10) In this section, “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978).

#### Contracting out.

##### 17B

- (1) Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals.

- (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular—

- (a) setting them out in the form of a draft order, and

- (b) giving details of consultation under subsection (1).

- (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

- (4) In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

- (5) In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above.

- (6) A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of—

- (a) any representations considered in accordance with subsection (5) above, and

- (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above.

- (7) Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).

#### Publication of information.

#### Coordination of inspections, &c.

#### Guidance.

#### Orders and regulations.

#### Major precepting authorities: further regulation.

#### Extent.

Sections 8 to 11.

#### Fees.

#### Power of Welsh Ministers to modify enactments and confer new powers

#### Power to extend or disapply: Welsh Ministers

### Duties: Welsh best value authorities

#### Fees: inspections under section 10A

#### Contracting out.

### Exclusion of non-commercial considerations

### Publication of information

#### Publication of information.

#### Accounts.

#### Guidance.

#### Commencement.

#### Repeals.

Part I.

##### 3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Orders and regulations.

#### Commencement.

#### Repeals.

Part I.

Sections 8 to 11.

#### Orders under section 16: procedure.

#### Contracts: exclusion of non-commercial considerations.

#### Transition from compulsory competitive tendering to best value.

#### Police Act 1996.

#### Guidance.

#### Commencement.

Part I.

Sections 8 to 11.

#### Contracts: exclusion of non-commercial considerations.

#### Accounts.

#### Extent.

#### Guidance.

Sections 8 to 11.

#### Fees