Legalize / United Kingdom / Public General Act

Local Government Act 2000

Type Public General Act

Publication 2000-07-28

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Promotion of economic, social or environmental well-being etc

Interpretation

Surcharge etc.

1

(1) In this Part “local authority” means—

(a) in relation to England—

(i) a county council,

(ii) a district council,

(iii) a London borough council,

(iv) the Common Council of the City of London in its capacity as a local authority,

(v) the Council of the Isles of Scilly,

(vi) an eligible parish council,

(b) in relation to Wales, a county council or a county borough council or a community council.

(2) A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.

Promotion of well-being

2

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Limits on power to promote well-being

3

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Strategies for promoting well-being

4

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Power to amend or repeal enactments

5

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Modification of certain enactments

Power to modify enactments concerning plans etc

6

(1) Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter so far as that enactment has effect in relation to a local authority in England.

(2) The power under subsection (1) may be exercised in relation to—

(a) all local authorities in England,

(b) particular local authorities in England, or

(3) The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(4) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

(8) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Power to modify enactments concerning plans etc: Wales

7

(1) Subject to subsection (4), the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter so far as that enactment has effect in relation to a local authority in Wales.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power under subsection (1) may be exercised in relation to—

(a) all local authorities in Wales,

(b) particular local authorities in Wales, or

(4) The power under subsection (1) may be exercised in relation to a local authority only if the Welsh Ministers consider—

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

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

(9) For the purposes of subsection (8), section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act were omitted.

(10) Subject to subsection (11), 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.

(11) 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 to authorities of a particular description,

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

Modification of section 137 of the 1972 Act

8

In section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—

(9) Subject to subsection (10) below, in this section “local authority” means a parish or community council. (10) In subsection (3) above “local authority” means— (a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council, (b) in relation to Wales, a county council, a county borough council or a community council.

Procedure for orders under this Part

Procedure for orders under section 5 or 6

9

(1) Before the Secretary of State makes an order under section 6 he must consult—

(a) such local authorities,

(b) such representatives of local government, and

as appear to him to be likely to be affected by his proposals.

(2) Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the Welsh Ministers.

(3) If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 6 he must lay before each House of Parliament a document which—

(a) explains his proposals,

(b) sets them out in the form of a draft order,

(d) where consultation has taken place under subsection (2), sets out the views of the Welsh Ministers.

(4) Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(5) In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) either House is adjourned for more than four days.

(6) In preparing a draft order under section 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7) A draft order under section 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—

(a) any representations considered in accordance with subsection (6), and

(b) any changes made to the proposals contained in the document laid before Parliament under subsection (3).

(8) Nothing in this section applies to an order under section 6 which is made only for the purpose of amending an earlier order under that 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.

Part II — Local authorities in Wales: arrangements with respect to executives etc.

Executive arrangements

10

(1) In this Part “executive arrangements” means arrangements by a local authority in Wales—

(a) for and in connection with the creation and operation of an executive of the authority, and

(b) under which certain functions of the authority are the responsibility of the executive.

(2) Executive arrangements by a local authority in Wales must conform with any provisions made by or under this Part which relate to such arrangements.

Local authority executives

11

(1) The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.

(2) The executive may consist of—

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The executive may consist of—

(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b) two or more councillors of the authority appointed to the executive by one of the following—

(i) the executive leader, or

(ii) the authority.

Such an executive is referred to in this Part as a leader and cabinet executive (Wales).

(4) In the case of any local authority in Wales, the executive may consist of—

(a) an elected mayor of the authority, and

(b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.

Such an executive is referred to in this Part as a mayor and council manager executive.

(5) The executive may take any such form as may be prescribed in regulations made by the Welsh Ministers.

(6) Regulations under subsection (5) may, in particular, provide for—

(a) a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b) a form of executive some or all of the members of which are elected by those electors but not to any such post,

(7) A local authority executive may not include the chairman or vice-chairman of the authority.

(8) The number of members of a mayor and cabinet executive or a leader and cabinet executive (Wales) may not exceed 10.

(8ZA) But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—

(a) 11 or 12, at least two of the members must have been elected or appointed to share office;

(b) 13, at least three of the members must have been elected or appointed to share office.

(8A) For the purposes of subsections (8) and (8ZA), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.

(9) The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—

(a) for a maximum number in subsection (8) which exceeds 10, or

(b) for a maximum number in subsection (8ZA) which exceeds 13.

(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection ... (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).

Additional forms of executive

12

(1) In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the Welsh Ministers must have regard to—

(a) any proposals made to them under subsection (2),

(b) the extent to which they consider that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d) the number and description of authorities for which they consider that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2) For the purposes of subsection (1), a local authority may propose to the Welsh Ministers a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3) Those conditions are—

(a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Welsh Ministers,

(b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c) that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4) A proposal under subsection (2)—

(a) must describe the form of executive to which it relates,

(b) must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.

Executive functions

Functions which are the responsibility of an executive

13

(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3) The Welsh Ministers may by regulations make provision for any function of a local authority specified in the regulations—

(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an executive under such arrangements, or

(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an executive of the authority,

(b) to be a function which is not to be the responsibility of such an executive, or

(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—

(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

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