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Localism Act 2011

Type Public General Act

Publication 2011-11-15

Last updated 2026-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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,

Crime and Disorder Act 1998 (c. 37)

7

In 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 ”.

Local Government Act 2000 (c. 22)

8

The Local Government Act 2000 is amended as follows.

9

In the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute “ Local authorities in Wales: arrangements ”.

10

In section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.

11

(1) Section 11 (forms of local authority executives) is amended as follows.

(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) ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Omit subsection (9A).

(9) In subsection (10) omit “(2A)(a) or”.

12

(1) Section 12 (additional forms of executive) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) in paragraph (a) for “him” substitute “ them ”, and

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

13

(1) Section 13 (functions which are the responsibility of an executive) is amended as follows.

(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 ”.

14

(1) Section 14 (discharge of functions: general) is amended as follows.

(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).

15

In section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

16

(1) Section 18 (discharge of functions by area committees) is amended as follows.

(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”.

17

(1) Section 19 (discharge of functions of and by another local authority) is amended as follows.

(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,

(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

(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”

18

In section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

19

(1) Section 21 (overview and scrutiny committees) is amended as follows.

(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”.

20

Omit section 21ZA (scrutiny officers).

21

(1) Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.

(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”.

22

Omit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).

23

(1) Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.

(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”.

24

Omit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).

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.

(2) In the title for “Wales: notifying” substitute “ Notifying ”.

(3) In subsection (1) omit “in Wales”.

26

Omit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).

27

In the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.

28

(1) Section 22 (access to information) is amended as follows.

(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,”.

29

Omit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).

30

In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.

31

(1) Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.

(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 ”.

32

(1) Section 28 (approval of outline fall-back proposals) is amended as follows.

(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 ”.

33

Omit section 31 (alternative arrangements).

34

Omit section 32 (alternative arrangements).

35

(1) Section 33ZA (Wales: changing governance arrangements) is amended as follows.

(2) In the heading for “Wales: changing” substitute “ Changing ”.

(3) Omit “in Wales,”.

36

Omit section 33A (executive arrangements).

37

Omit section 33B (executive arrangements: other variations of arrangements).

38

Omit section 33C (alternative arrangements: move to executive arrangements).

39

Omit section 33D (alternative arrangements: variation of arrangements).

40

Omit section 33E (proposals by local authority).

41

Omit section 33F (resolution of local authority).

42

Omit section 33G (implementation: new executive or move to executive arrangements).

43

Omit section 33H (implementation: other change in governance arrangements).

44

Omit section 33I (general).

45

Omit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).

46

Omit section 33K (changes subject to approval in referendum: additional requirements).

47

Omit section 33L (change not subject to approval in a referendum: additional requirements).

48

Omit section 33M (cases in which change is subject to approval in referendum).

49

Omit section 33N (variation of mayoral executive).

50

Omit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).

51

(1) Section 34 (referendum following petition) is amended as follows.

(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”.

52

(1) Section 35 (referendum following direction) is amended as follows.

(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”.

53

(1) Section 36 (referendum following order) is amended as follows.

(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”.

54

In section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

55

In section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

56

(1) Section 39 (elected mayors etc) is amended as follows.

(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).

57

In section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.

58

Omit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).

59

Omit section 44B (election of leader: partial-council elections).

60

Omit section 44C (removal of leader).

61

Omit section 44D (term of office of leader: whole-council elections).

62

Omit section 44E (term of office of leader: partial council elections).

63

Omit section 44F (leader to continue to hold office as councillor).

64

Omit section 44G (no other means of electing or removing leader).

65

Omit section 44H (regulations).

66

(1) Section 45 (provisions with respect to referendums) is amended as follows.

(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”.

67

(1) Section 47 (power to make incidental, consequential provision etc) is amended as follows.

(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).

68

(1) Section 48 (interpretation of Part 2) is amended as follows.

(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

(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 ”.

69

In section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.

70

(1) Section 105 (orders and regulations) is amended as follows.

(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.

71

In section 106 (Wales) in subsection (1) omit paragraph (a).

72

(1) Schedule 1 (executive arrangements: further provision) is amended as follows.

(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

(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 ”,

(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).

National Health Service Act 2006 (c. 41)

73

The National Health Service Act 2006 is amended as follows.

74

In 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).

75

(1) Section 245 (joint overview and scrutiny committees etc) is amended as follows.

(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) ”.

76

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

77

(1) Section 247 (application to the City of London) is amended as follows.

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

(3) In subsection (3)—

(a) for “Section 21” substitute “ Section 9F ”,

(b) in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and

(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)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “section 21(2)” substitute “ section 9F(2) ”.

78

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

Police and Justice Act 2006 (c. 48)

79

The Police and Justice Act 2006 is amended as follows.

80

(1) Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.

(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;

81

In 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

, and (b) that has not appointed an overview and scrutiny committee under section 9JA of that Act

SCHEDULE 4

PART 1 — Amendments of existing provisions

Parliamentary Commissioner Act 1967 (c. 13)

1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Standards Board for England.

House of Commons Disqualification Act 1975 (c. 24)

2

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.

Local Government and Housing Act 1989 (c. 42)

4

(1) Section 3A of the Local Government and Housing Act 1989 (grant and supervision of exemptions from political restriction: England) is amended as follows.

(2) In subsection (1)—

(a) for “standards committee” substitute “ head of paid service ”,

(b) omit “which is a relevant authority”,

(d) in that paragraph and paragraph (b) omit “relevant”.

(3) In subsection (2)(a) omit “relevant”.

(4) In subsection (3)—

(a) for “standards committee” substitute “ head of paid service ”,

(b) for “committee” substitute “ head of paid service ”, and

(5) In subsection (4)—

(a) for “standards committee” substitute “ local authority's head of paid service ”,

(b) for “committee” substitute “ head of paid service ”, and

(6) Omit subsection (5).

(7) In subsection (6)—

(a) omit “which is a relevant authority”, and

(b) in paragraph (a)—

(i) for “standards committee” substitute “ head of paid service ”,

(ii) for “committee” substitute “ head of paid service ”, and

(iii) omit “its”.

(8) In subsection (7)—

(a) omit “its”, and

(b) for “standards committee” substitute “ local authority's head of paid service ”.

(9) After that subsection insert—

(7A) In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person). (7B) The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service. (7C) Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.

(10) Omit subsections (8) to (10).

Audit Commission Act 1998 (c. 18)

5

In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of information by Commission or auditor etc for purposes of functions of ethical standards officer or Public Services Ombudsman for Wales) omit “an ethical standards officer or”.

Data Protection Act 1998 (c. 29)

6

In section 31 of the Data Protection Act 1998 (exemptions from subject information provisions for data processed in connection with certain regulatory functions)—

(a) in subsection (7) omit paragraph (b), and

(b) in subsection (8)(b) omit “, or to an ethical standards officer,”.

Local Government Act 2000 (c. 22)

7

The Local Government Act 2000 is amended as follows.

8

(1) Section 49 (principles governing conduct of members of relevant authorities) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) Omit subsections (2C), (3) and (4).

(5) In subsection (5)(a) omit “in Wales”.

(6) In subsection (6)—

(a) in paragraph (a) at the end insert “ in Wales ”,

(b) omit paragraphs (c) to (e),

(d) in paragraph (l) after “authority” insert “ in Wales ”,

(e) omit paragraphs (m) to (o), and

(f) in paragraph (p) after “authority” insert “ in Wales ”.

9

(1) Section 50 (model code of conduct) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales other than police authorities”.

(4) In subsection (3) omit “(1) or”.

(5) In subsection (4)(a) omit—

(a) “49(1) or”, and

(b) “(as the case may be)”.

(6) Omit subsections (4C) and (4D).

(7) In subsection (5) omit “the Secretary of State or”.

(8) Omit subsections (6) and (7).

10

(1) Section 51 (duty of relevant authorities to adopt codes of conduct) is amended as follows.

(2) In subsection (4C) omit the words from “by a” to “police authority”.

(3) In subsection (6)(c)—

(a) omit sub-paragraph (i), and

(b) in sub-paragraph (ii) omit the words from “in the case” to “in Wales,”.

11

In section 52(2) (power for prescribed form of declaration of acceptance of office to include undertaking to observe code of conduct) after “1972” insert “ in relation to a relevant authority ”.

12

(1) Section 53 (standards committees) is amended as follows.

(2) In subsection (2) omit “parish council or”.

(3) Omit subsections (3) to (10).

(4) In subsection (11)—

(a) in paragraph (a) omit “in Wales other than police authorities”, and

(b) in paragraph (k) omit “in Wales (other than police authorities)”.

(5) In subsection (12) omit “(6)(c) to (f) or”.

13

(1) Section 54 (functions of standards committees) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5) omit “in Wales (other than police authorities)”.

(4) Omit subsection (6).

(5) In subsection (7) omit “in Wales (other than police authorities)”.

14

(1) Section 54A (sub-committees of standards committees) is amended as follows.

(2) In subsection (3) omit “, but this is subject to section 55(7)(b)”.

(3) Omit subsection (4).

(4) In subsection (5) omit “in Wales other than a police authority”.

(5) In subsection (6)—

(a) omit “section 55(5) and to”, and

(b) for “53(6)(a) or (11)(a)” substitute “ 53(11)(a) ”.

15

Omit section 55 (standards committees for parish councils).

16

Omit section 56A (joint committees of relevant authorities in England).

17

Omit section 57 (Standards Board for England).

18

Omit section 57A (written allegations: right to make, and initial assessment).

19

Omit section 57B (right to request review of decision not to act).

20

Omit section 57C (information to be given to subject of allegation).

21

Omit section 57D (power to suspend standards committee's functions).

22

Omit section 58 (allegations referred to Standards Board).

23

Omit section 59 (functions of ethical standards officers).

24

Omit section 60 (conduct of investigations).

25

Omit section 61 (procedure in respect of investigations).

26

Omit section 62 (investigations: further provisions).

27

Omit section 63 (restrictions on disclosure of information).

28

Omit section 64 (reports etc).

29

Omit section 65 (interim reports).

30

Omit section 65A (disclosure by monitoring officers of ethical standards officers' reports).

31

Omit section 66 (matters referred to monitoring officers).

32

Omit section 66A (references to First-tier Tribunal).

33

Omit section 66B (periodic returns).

34

Omit section 66C (information requests).

35

Omit section 67 (consultation with ombudsmen).

36

In section 68(2) (guidance by Public Services Ombudsman for Wales)—

(a) in paragraph (a)—

(i) omit “in Wales (other than police authorities)”, and

(ii) for “such” substitute “ those ”, and

(b) in paragraph (b) omit “in Wales (other than police authorities)”.

37

(1) Section 69 (investigations by the Public Services Ombudsman for Wales) is amended as follows.

(2) In subsection (1) omit “in Wales” in both places.

(3) In subsection (5) omit “in Wales”.

38

(1) Section 70 (investigations: further provisions) is amended as follows.

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

(3) In subsection (5) omit “in Wales”.

39

In section 71(4) (reports etc) omit “in Wales”.

40

In section 72(6) (interim reports) omit “in Wales”.

41

In section 73 (matters referred to monitoring officers) omit subsection (6).

42

In section 77(7) (offence of failure to comply with regulations about adjudications in Wales or equivalent provisions of Tribunal Procedure Rules) omit the words from “, or with” to “First-tier Tribunal,”.

43

(1) Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is amended as follows.

(2) In the heading omit “the First-tier Tribunal or”.

(3) In subsection (1)—

(a) omit “the First-tier Tribunal or”, and

(b) in paragraph (a) omit “65(3) or”.

(4) In subsection (2) for “the tribunal concerned” substitute “ the interim case tribunal ”.

(5) In subsection (3) for “the tribunal concerned” substitute “ the interim case tribunal ”.

(6) Omit subsection (4).

(7) In subsection (6) omit “78A or”.

(8) In subsection (8A)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “where the relevant authority concerned is in Wales,”.

(9) In subsection (9) omit—

(a) “The First-tier Tribunal or (as the case may be)”, and

(b) “59 or”.

(10) Omit subsections (9A) to (9D).

44

Omit section 78A (decisions of First-tier Tribunal).

45

Omit section 78B (section 78A: supplementary).

46

In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit “in Wales”.

47

(1) Section 80 (recommendations by First-tier Tribunal or case tribunals) is amended as follows.

(2) In the heading omit “First-tier Tribunal or”.

(3) In subsection (1) omit “the First-tier Tribunal or”.

(4) In subsection (2) for “The tribunal concerned” substitute “ A case tribunal ”.

(5) In subsection (3) for “relevant person” substitute “ Public Services Ombudsman for Wales ”.

(6) In subsection (5) for “relevant person” in both places substitute “ Public Services Ombudsman for Wales ”.

(7) Omit subsection (6).

48

(1) Section 81 (disclosure and registration of members' interests) is amended as follows.

(2) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (7)—

(a) omit paragraph (b), and

(b) in paragraph (c) omit “if it is a relevant authority in Wales,”.

(4) Omit subsection (8).

49

(1) Section 82 (code of conduct for local government employees) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) In subsection (3) omit “(1) or”.

(5) Omit subsections (4) and (5).

(6) In subsection (6)(a)—

(a) omit “in Wales”, and

(b) for “such” substitute “ those ”.

(7) In paragraph (9) omit—

(a) paragraph (a), and

(b) in paragraph (b) “in relation to Wales,”.

50

In section 82A (monitoring officers: delegation of functions under Part 3), omit “57A, 60(2) or (3), 64(2) or (4),”.

51

(1) Section 83 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) omit the definitions of—

(i) “the Audit Commission”,

(ii) “ethical standards officer”, and

(iii) “police authority”, and

(b) in the definition of “model code of conduct” omit “(1) and”.

(3) Omit subsections (4), (12), (15) and (16).

52

In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.

53

Omit Schedule 4 (Standards Board for England).

Freedom of Information Act 2000 (c. 36)

54

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Standards Board for England.

Local Government and Public Involvement in Health Act 2007 (c. 28)

55

(1) Section 183 of the Local Government and Public Involvement in Health Act 2007 (conduct of local authority members: codes of conduct) is amended as follows.

(2) In subsection (1) omit the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000.

(3) In subsection (2) omit the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000.

(4) In subsection (3) omit the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000.

(5) In subsection (7)(b) omit “in Wales other than a police authority”.

PART 2 — Provision supplementary to Part 1

Codes of conduct under the Local Government Act 2000

56

(1) A code of conduct adopted by a relevant authority (within the meaning of this Chapter of this Part of this Act) ceases to have effect.

(2) An undertaking to comply with a code of conduct given by a person under section 52 of the Local Government Act 2000 or as part of a declaration of acceptance of office in a form prescribed by order under section 83 of the Local Government Act 1972 ceases to have effect when the code ceases to have effect.

(3) In this paragraph “code of conduct” means a code of conduct under section 51 of the Local Government Act 2000 or a model code of conduct issued by order under section 50(1) of that Act.

Power to make provision in connection with the abolition of Standards Board for England

57

(1) The Secretary of State may by order make provision in connection with the abolition of the Standards Board for England (“the Board”).

(2) An order under this paragraph may make provision that has effect on or before the abolition date.

(3) An order under this paragraph may, in particular, make provision about the property, rights and liabilities of the Board (including rights and liabilities relating to contracts of employment).

(4) This includes—

(a) provision for the transfer of property, rights and liabilities (including to the Secretary of State), and

(b) provision for the extinguishment of rights and liabilities.

(5) An order under this paragraph that makes provision for the transfer of property, rights and liabilities may—

(a) make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;

(b) make provision about the transfer of property, rights and liabilities that could not otherwise be transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board in respect of anything transferred;

(d) make provision for references to the Board in an instrument or document in respect of anything transferred to be treated as references to the transferee.

(6) An order under this paragraph may—

(a) make provision about the continuing effect of things done by or in relation to the Board before such date as the order may specify;

(b) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board on such a date;

(c) make provision for references to the Board in an instrument or document to be treated on and after such a date as references to such person as the order may specify;

(d) make provision for the payment of compensation by the Secretary of State to persons affected by the provisions it makes about the property, rights and liabilities of the Board.

Power to give directions in connection with the abolition of Standards Board for England

58

(1) The Secretary of State may direct the Board to take such steps as the Secretary of State may specify in connection with the abolition of the Board.

(2) The Secretary of State may, in particular, give directions to the Board about information held by the Board, including—

(a) directions requiring information to be transferred to another person (including to the Secretary of State);

(b) directions requiring information to be destroyed or made inaccessible.

(3) The Secretary of State may make available to the Board such facilities as the Board may reasonably require for exercising its functions by virtue of this Part of this Schedule.

(4) The Secretary of State may exercise a function of the Board for the purposes of taking steps in connection with its abolition (including functions by virtue of an order under paragraph 57).

(5) Sub-paragraph (4) does not prevent the exercise of the function by the Board.

(6) In the case of a duty of the Board, sub-paragraph (4) permits the Secretary of State to comply with that duty on behalf of the Board but does not oblige the Secretary of State to do so.

Final statement of accounts

59

(1) As soon as is reasonably practicable after the abolition date, the Secretary of State must prepare—

(a) a statement of the accounts of the Board for the last financial year to end before the abolition date, and

(b) a statement of the accounts of the Board for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.

(2) The Secretary of State must, as soon as is reasonably practicable after preparing a statement under this paragraph, send a copy of it to the Comptroller and Auditor General.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) lay a copy of the statement and the report before each House of Parliament.

(4) Sub-paragraph (1)(a) does not apply if the Board has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.

(5) In such a case the repeal of paragraph 13(4B) of Schedule 4 to the Local Government Act 2000 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.

Disclosure of information

60

(1) Section 63 of the Local Government Act 2000 applies in relation to information obtained by a person who is exercising a function of the Board by virtue of paragraph 58(4) as it applies to information obtained by an ethical standards officer.

(2) That section has effect (in relation to information to which it applies apart from sub-paragraph (1) as well as to information to which it applies by virtue of that sub-paragraph) as if it permitted the disclosure of information for the purposes of the abolition of the Board.

(3) The repeal by Part 1 of that section, or of any provision by virtue of which it is applied to information obtained other than by ethical standards officers, does not affect its continuing effect in relation to information to which it applied before its repeal (including by virtue of this paragraph).

Interpretation

61

In this Part of this Schedule—

“the abolition date” means the date on which paragraphs 17 and 53 (repeal of section 57 of and Schedule 4 to the Local Government Act 2000) come fully into force;

“the Board” has the meaning given by paragraph 57(1);

“financial year” means the period of 12 months ending with 31 March in any year.

SCHEDULE 5

This is the Chapter referred to in section 72(1)—

SCHEDULE 6

Local Government Finance Act 1992 (c. 14)

1

The Local Government Finance Act 1992 is amended as follows.

2

(1) Section 31 (substituted amounts) is amended as follows.

(2) In subsection (1) for the “or” at the end of paragraph (a) substitute—

(aa) substitute calculations it has made under section 52ZF below have effect by virtue of section 52ZH or 52ZI below; or

(3) After subsection (4) insert—

(4A) Subject to any provision made by regulations under subsection (6) below, where an authority sets amounts in substitution under subsection (1)(a) above in the circumstances described in section 52ZO(6) or 52ZP(6) or (8) below, it may recover from the local precepting authority in question administrative expenses incurred by it in, or in consequence of, so doing.

(4) In subsection (5) at the beginning insert “ Subject to any provision made by regulations under subsection (6) below, ”.

(5) After subsection (5) insert—

(6) The Secretary of State may by regulations make provision for cases in which— (a) subsection (4A) or (5) above does not apply, or (b) that subsection applies with modifications.

3

In section 42(1) (substituted precepts) before “52J” insert “ 52ZU, ”.

4

In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and (b) after “authority” insert “ in Wales ”.

5

(1) Section 52B (power to designate authorities) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State's” substitute “Welsh Ministers'”,

(b) for “he” substitute “ they ”, and

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (5)—

(a) for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and

(b) in paragraph (b) for “Secretary of State” substitute “ Welsh Ministers ” and for “his” substitute “ their ”.

(5) In subsection (6) for “he does” substitute “ they do ”.

(6) In subsection (7)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) for “he thinks” substitute “ they think ”.

(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

6

(1) Section 52C (alternative notional amounts) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) for “his” substitute “ their ”.

(3) In subsection (3)—

(a) in paragraph (c)—

(i) for “Secretary of State thinks” substitute “ Welsh Ministers think ”, and

(ii) for “him” substitute “ them ”, and

(b) in paragraph (d) for “House of Commons” substitute “ National Assembly for Wales ”.

(4) In subsection (4) for “House of Commons” substitute “ National Assembly for Wales ”.

7

(1) Section 52D (designation or nomination) is amended as follows.

(2) In subsection (1) for “Secretary of State's” substitute “Welsh Ministers'”.

(3) In subsection (2) for “he” substitute “ they ”.

(4) In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.

8

(1) Section 52E (designation) is amended as follows.

(2) In subsection (1) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.

(3) In subsection (2)—

(a) in the opening words for “He” substitute “ They ”,

(b) in paragraph (c) for “he determines” substitute “ they determine ”,

(d) in paragraph (f) for “he expects” substitute “ they expect ”.

(4) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

9

(1) Section 52F (challenge of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (b) for “he thinks” substitute “ they think ”.

(5) In subsection (4)—

(a) for “he proceeds” substitute “ they proceed ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(6) In subsection (5)—

(a) in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and

(b) in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.

(7) Omit subsection (6).

(8) In subsection (7)(a) for “House of Commons” substitute “ National Assembly for Wales ”.

(9) In subsection (8)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (b) for “he alters” substitute “ they alter ”.

(10) In subsection (9)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(11) In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.

(12) In subsection (11)—

(a) for “Secretary of State proceeds” substitute “ Welsh Ministers proceed ”, and

(b) for “he” substitute “ they ”.

10

(1) Section 52G (acceptance of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (2)—

(a) for “he receives” substitute “ they receive ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

11

(1) Section 52H (no challenge or acceptance) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)(a) for “House of Commons” substitute “ National Assembly for Wales ”.

(5) In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(6) In subsection (5)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

12

In section 52I(5)(a) (duty of designated billing authority) for “general” substitute “ council ”.

13

(1) Section 52J (duty of designated precepting authority) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) Omit subsection (3).

(4) Omit subsection (6).

(5) Omit subsections (8) to (10).

14

(1) Section 52K (failure to substitute) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) For subsection (2) substitute—

(2) In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52I. (2A) A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(4) In subsection (4)(b) omit “52I or”.

15

(1) Section 52L (nomination) is amended as follows.

(2) In subsection (1) for “Secretary of State nominates” substitute “ Welsh Ministers nominate ”.

(3) In subsection (2)—

(a) in the opening words for “He” substitute “ They ”,

(b) in paragraph (c) for “he determines” substitute “ they determine ”, and

(4) In subsection (4)—

(a) for “he intends” substitute “ they intend ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

16

(1) Section 52M (designation after nomination) is amended as follows.

(2) In subsection (1)—

(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,

(b) in paragraph (a) for “nominates” substitute “ nominate ”, and

(3) In subsection (2)—

(a) in the opening words for “He” substitute “ They ”,

(b) in paragraph (b) for “he proposes” substitute “ they propose ”, and

(4) In subsection (3)—

(a) in the opening words for “he” substitute “ they ”,

(b) in paragraph (a) for “he” in both places substitute “ they ”, and

(5) In subsection (4)—

(a) in the opening words for “He” substitute “ They ”,

(b) in paragraph (e) for “he expects” substitute “ they expect ”, and

(6) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

17

(1) Section 52N (no designation after nomination) is amended as follows.

(2) In subsection (1)—

(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,

(b) in paragraph (a) for “nominates” substitute “ nominate ”, and

(3) In subsection (2)—

(a) for the first “He” substitute “ They ”, and

(b) for “he proposes” substitute “ they propose ”.

(4) In subsection (3)—

(a) in the opening words for “he” substitute “ they ”,

(b) in paragraph (a) for “he” in both places substitute “ they ”, and

(5) In subsection (4) for “He” substitute “ They ”.

(6) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

(7) In subsection (6)—

(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (a)—

(i) for “he receives” substitute “ they receive ”, and

(ii) for “his” substitute “ their ”.

18

(1) Section 52P (designation after previous designation) is amended as follows.

(2) In subsection (1)(a) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.

(3) In subsection (2)—

(a) in the opening words—

(i) for the first “He” substitute “ They ”,

(ii) for “he does” substitute “ they do ”, and

(iii) for the third “he” substitute “ they ”,

(b) in paragraph (a) for “he proposes” substitute “ they propose ”, and

(4) In subsection (3)—

(a) in the opening words for “he” substitute “ they ”, and

(b) in paragraph (c) for “he thinks” substitute “ they think ”.

(5) In subsection (4)—

(a) in the opening words for “He” substitute “ They ”,

(b) in paragraph (e) for “he expects” substitute “ they expect ”, and

(6) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

(8) In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.

19

(1) Section 52Q (challenge of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (b) for “he thinks” substitute “ they think ”.

(5) In subsection (4)—

(a) in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and

(b) in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.

(6) Omit subsection (5).

(7) In subsection (6) for “House of Commons” substitute “ National Assembly for Wales ”.

(8) In subsection (7)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (b) for “he alters” substitute “ they alter ”.

(9) In subsection (8)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(10) In subsection (9) for “Secretary of State” substitute “ Welsh Ministers ”.

20

(1) Section 52R (acceptance of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3) In subsection (2)—

(a) for “he receives” substitute “ they receive ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

21

(1) Section 52S (no challenge or acceptance) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (3) for “House of Commons” substitute “ National Assembly for Wales ”.

(5) In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(6) In subsection (5)—

(a) for “he serves” substitute “ they serve ”, and

(b) for “Secretary of State” substitute “ Welsh Ministers ”.

22

In section 52T(7)(a) (duty of designated billing authority) for “general” substitute “ council ”.

23

(1) Section 52U (duty of designated precepting authority) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) Omit subsection (3).

(4) In subsection (4) omit “is not the Greater London Authority and it”.

(5) In subsection (5) omit “(3) or”.

(6) Omit subsection (6).

(7) Omit subsection (9).

(8) Omit subsections (11) to (13).

24

(1) Section 52V (failure to make or substitute calculation) is amended as follows.

(2) For subsection (3) substitute—

(3) In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52T. (3A) A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(3) In subsection (5)(b) omit “52T or”.

25

(1) Section 52W (meaning of budget requirement) is amended as follows.

(2) In subsection (1) omit “other than the Greater London Authority”.

(3) Omit subsection (2).

26

(1) Section 52X (calculations to be net of precepts) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “Secretary of State proposes” substitute “ Welsh Ministers propose ”,

(b) in paragraph (b) for “he proposes” substitute “ they propose ”,

(d) in paragraph (e) for “he expects” substitute “ they expect ”.

(3) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (7) for “House of Commons” substitute “ National Assembly for Wales ”.

27

(1) Section 52Y (information for purposes of Chapter 4A) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (4)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for “him” in both places substitute “ them ”, and

(5) In subsection (5) for “Secretary of State specifies” substitute “ Welsh Ministers specify ”.

(6) In subsection (7)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for “his” in both places substitute “ their ”, and

(7) In subsection (8)—

(a) for “his” in both places substitute “ their ”,

(b) for “Secretary of State” substitute “ Welsh Ministers ”, and

28

Omit section 52Z (separate administration of Chapter 4A for England and Wales).

29

In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—

(a) before “52I” insert “ 52ZF, ”, and

(b) before “52J” insert “ 52ZJ, ”.

30

In section 67(2)(b) (functions to be discharged only by authority)—

(a) before “52I” insert “ 52ZF, ”, and

(b) before “52J” insert “ 52ZJ, ”.

31

In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “ , 4ZA ”.

32

In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “ regulations under section 52ZQ above or ”.

Police Act 1996 (c. 16)

33

In section 41(2) of the Police Act 1996 (direction as to minimum budget) after “Chapter” insert “ 4ZA or ”.

Greater London Authority Act 1999 (c. 29)

34

The Greater London Authority Act 1999 is amended as follows.

35

In section 95 (minimum budget for Metropolitan Police Authority) after subsection (3) insert—

(3A) The power exercisable by virtue of subsection (2) above, and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax referendums).

36

In section 96 (provisions supplementary to section 95) after subsection (6) insert—

(7) Subsections (5) and (6) above are subject to section 95(3A) (which provides that directions under that section are subject to the limitations imposed by the provisions about council tax referendums in Chapter 4ZA of Part 1 of the Local Government Finance Act 1992).

37

(1) Schedule 6 (procedure for determining the authority's consolidated budget requirement) is amended as follows.

(2) In paragraph 1 after sub-paragraph (4) insert—

(5) In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums). (6) For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.

(3) In paragraph 4—

(a) after sub-paragraph (1) insert—

(1A) If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles.

, and

(b) after sub-paragraph (2) insert—

(3) If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.

(4) After paragraph 6 insert—

(6A) (1) This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles. (2) The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles. (3) The Mayor shall— (a) present the draft substitute consolidated budget to the Assembly, and (b) publish it in such manner as the Mayor may determine. (4) The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget. (5) It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

(5) In paragraph 7 after sub-paragraph (4) insert—

(4A) If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.

(6) In paragraph 8 after sub-paragraph (6) insert—

(6A) Sub-paragraph (6B) below applies if— (a) the final draft budget is approved by the Assembly with amendments, and (b) as a result, the final draft budget no longer complies with the relevant principles. (6B) The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.

(7) After paragraph 8A insert—

(8B) (1) This paragraph applies if— (a) the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and (b) the Mayor has failed to comply with paragraph 6A(5) above. (2) If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting. (8C) (1) This paragraph applies if— (a) the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above, (b) a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and (c) the final budget as approved at that public meeting continues not to comply with the relevant principles. (2) The draft substitute consolidated budget must be considered at the public meeting. (3) After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below). (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting. (5) If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment. (6) The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year. (8D) (1) Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if— (a) references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and (b) references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget. (2) In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.

(8) After paragraph 9 insert—

(9A) If the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.

38

(1) Schedule 7 (procedure for making of substitute calculations by the Authority) is amended as follows.

(2) In paragraph 3(1) for “52K or 52V” substitute “ 52ZW ”.

(3) In paragraph 6(1) for “52K or 52V” substitute “ 52ZW ”.

SCHEDULE 7

Local Government Finance Act 1988 (c. 41)

1

The Local Government Finance Act 1988 is amended as follows.

2

In section 74(4) (levies)—

(a) in paragraph (a) after “section” insert “ 31A or ”, and

(b) in paragraph (b) after “section” insert “ 42A or ”.

3

In section 75(6)(a) (special levies) after “section” insert “ 31A or ”.

4

In section 97(1) (principal transfers between funds)—

(a) for “32 to 36” substitute “ 31A, 31B and 34 to 36 ”,

(b) in the definition of item B for “33(1)” substitute “ 31B(1) ”, and

5

In section 99(4) (regulations about funds) for “32(4)” substitute “ 31A(4) ”.

6

In Schedule 7 (non-domestic rating: multipliers) in paragraph 9(4) in the definition of item C for “32(4)” substitute “ 31A(4) ”.

Local Government Finance Act 1992 (c. 14)

7

The Local Government Finance Act 1992 is amended as follows.

8

(1) Section 30 (amounts of council tax for different categories of dwelling) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “sections 32 to 36 below;” substitute

— (i) in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or (ii) in the case of a billing authority in Wales, sections 32 to 36 below;

, and

(b) in paragraph (b) for the words from “, have been calculated” to the end of the paragraph substitute

— (i) in the case of a billing authority in England, have been calculated in accordance with sections 42A, 42B and 45 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities, or (ii) in the case of a billing authority in Wales, have been calculated in accordance with sections 43 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities.

(3) In subsection (4) for “sections 32” to the end of the subsection insert

— (a) in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or sections 42A, 42B and 45 to 47 below, or both, or (b) in the case of a billing authority in Wales, sections 32 to 36 below, or sections 43 to 47 below, or both.

9

In section 31(1)(a) (substituted amounts) after “ section ” insert “ 36A, ”.

10

(1) Section 32 (calculation of budget requirement by billing authority) is amended as follows.

(2) In the heading at the end insert “ by authorities in Wales ”.

(3) In subsection (1) after “billing authority” insert “ in Wales ”.

(4) In subsection (2)—

(a) omit the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190) (so that the paragraph (a) in that subsection as enacted continues to have effect for authorities in Wales),

(b) at the end of paragraph (c) insert “ and ”, and

(5) In subsection (3)—

(a) in paragraph (a)—

(i) omit the words “general fund or (as the case may be)”,

(ii) omit the words from “BID levy” to “2003,”, and

(iii) omit the words “or (in the case of the Common Council only) police grant”,

(b) omit paragraph (b), and

(6) In subsection (3A)—

(a) omit “In the case of any billing authority in Wales,”, and

(b) for “their” substitute “a billing authority's”.

(7) For subsection (5) substitute—

(5) In making the calculation under subsection (2) above the authority must ignore— (a) payments which must be met from a trust fund; (b) payments to be made to the Secretary of State under paragraph 5 of Schedule 8 to the 1988 Act or regulations made under paragraph 5(15) of that Schedule; (c) payments to be made in respect of the amount of any precept issued by a major precepting authority under Part 1 of this Act (but not payments to be so made in respect of interest on such an amount); and (d) payments to be made to another person in repaying, under regulations under the 1988 Act or Part 1 of this Act, excess receipts by way of non-domestic rates or council tax.

(8) In subsection (7)(a)—

(a) in sub-paragraph (i) omit “general fund or (as the case may be)”, and

(b) omit sub-paragraph (ii).

(9) Omit subsections (8) to (8B).

(10) In subsection (9)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) for “(8B)” substitute “ (7) ”.

(11) In subsection (12) omit the definition of “police grant”.

(12) Omit subsection (13).

11

(1) Section 33 (calculation of basic amount of tax by billing authority) is amended as follows.

(2) In the heading at the end insert “ by authorities in Wales ”.

(3) In subsection (1)—

(a) after “billing authority” insert “ in Wales ”, and

(b) in the definition of item P omit—

(i) “general fund or (as the case may be)”, and

(ii) “or (in the case of the Common Council only) police grant”.

(4) Omit subsections (3) and (3A).

(5) In subsection (3B)—

(a) omit “In the case of a Welsh county council or county borough council,”, and

(b) in each of the definitions of items J, K and L for “council's” substitute “authority's”.

(6) In subsection (4) omit “or subsection (3) above”.

(7) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

12

In section 34(2) (additional calculation where special items relate to part only of area)—

(a) in the definition of item B after “under” insert “ section 31B(1) above or ”, and

(b) in the definition of item T after “item T” insert “ in section 31B(1) above or ”.

13

In section 35(1)(a) (special item for the purposes of section 34) after “under” insert “ section 31A(2) above or ”.

14

In section 36(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 31B(1) above or ”.

15

After section 36 insert—

(36A) (1) An authority in England which has made calculations in accordance with sections 31A, 31B and 34 to 36 above in relation to a financial year (originally or by way of substitute) may make calculations in substitution in relation to the year in accordance with those sections, ignoring section 31A(11) above for this purpose. (2) None of the substitute calculations shall have any effect if— (a) the amount calculated under section 31A(4) above, or any amount calculated under section 31B(1) or 34(2) or (3) above as the basic amount of council tax applicable to any dwelling, would exceed that so calculated in the previous calculations, or (b) the billing authority fails to comply with subsection (3) below in making the substitute calculations. (3) In making substitute calculations under section 31B(1) or 34(3) above, the billing authority must use any amount determined in the previous calculations for item T in section 31B(1) above or item TP in section 34(3) above. (4) For the purposes of subsection (2)(a) above, one negative amount is to be taken to exceed another if it is closer to nil (so that minus £1 is to be taken to exceed minus £2). (5) Subsections (2) and (3) above do not apply if the previous calculations have been quashed because of a failure to comply with sections 31A, 31B and 34 to 36 above in making the calculations.

16

In section 37(1) (substitute calculations) after “ authority ” insert “ in Wales ”.

17

(1) Section 40 (issue of precepts by major precepting authorities) is amended as follows.

(2) In subsection (2)(a) for “sections 43 to 47 below;” substitute

— (i) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or (ii) in the case of a precepting authority in Wales, sections 43 to 47 below;

(3) In subsection (3) for “sections 43 to 47 below” substitute

— (a) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or (b) in the case of a precepting authority in Wales, sections 43 to 47 below.

(4) After subsection (5) insert—

(5A) No such precept may be issued by a precepting authority in England to a billing authority before the earlier of the following— (a) the earliest date on which, for the financial year for which the precept is issued, each of the periods prescribed for the purposes of item T in section 31B(1) above, item T in section 42B(1) below and item TP in section 45(3) below has expired; (b) the earliest date on which, for that year, each billing authority has notified its calculations for the purposes of those items to the precepting authority.

(5) In subsection (6) after the first “authority” insert “ in Wales ”.

(6) In subsection (8) after “subsection” insert “ (5A), ”.

(7) In subsection (9)—

(a) in paragraph (a)—

(i) for “(2)(a)” substitute “ (2)(a)(i) ”, and

(ii) for “43 to 47” substitute “ sections 42A, 42B and 45 to 47 ”,

(b) in paragraph (b)—

(i) for “(3)” substitute “ (3)(a) ”, and

(ii) for “43 to 47” substitute “ sections 42A, 42B and 45 to 47 ”,

(i) for “(6)” substitute “ (5A) ”, and

(ii) for “44(1)” substitute “ 42B(1) ”, and

(d) in paragraph (d) for “(6)” substitute “ (5A) ”.

18

(1) Section 41 (precepts by local precepting authorities) is amended as follows.

(2) In subsection (2) for the words from “by the precepting authority” to the end substitute

— (a) in the case of a precepting authority in England, by that authority under section 49A below as its council tax requirement for the year, and (b) in the case of a precepting authority in Wales, by that authority under section 50 below as its budget requirement for the year.

(3) After that subsection insert—

(2A) The Secretary of State may by regulations make provision that a billing authority in England making calculations in accordance with section 31A above (originally or by way of substitute) may anticipate a precept under this section; and the regulations may include provision as to— (a) the amounts which may be anticipated by billing authorities in pursuance of the regulations; (b) the sums (if any) to be paid by such authorities in respect of amounts anticipated by them; and (c) the sums (if any) to be paid by such authorities in respect of amounts not anticipated by them.

(4) In subsection (3)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) after “billing authority” insert “ in Wales ”.

19

In section 42(1)(b) (substituted precepts) after “49,” insert “ 49A, ”.

20

(1) Section 43 (calculation of budget requirement by major precepting authority) is amended as follows.

(2) In the heading at the end insert “ by authorities in Wales ”.

(3) In subsection (1) after “major precepting authority” insert “ in Wales ”.

(4) In subsection (2)(a) omit the words from “, other than” to “1988 Act”.

(5) In subsection (3)(a)—

(a) at the end of sub-paragraph (i) insert “ or ”, and

(b) omit sub-paragraph (iii).

(6) Omit subsection (5).

(7) For subsections (6A) to (6D) substitute—

(6A) In this section and section 44 below “police grant”, in relation to a major precepting authority and a financial year, means the total amount of grant payable to the authority in accordance with the police grant report for that year. (6B) In subsection (6A) above “police grant report” means a police grant report approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996.

(8) In subsection (7)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) in paragraph (b) for the words from “subsections” to “them” substitute “ subsection (6) ”.

21

(1) Section 44 (calculation of basic amount of tax by major precepting authority) is amended as follows.

(2) In the heading at the end insert “ by authorities in Wales ”.

(3) In subsection (1) after “major precepting authority” insert “ in Wales ”.

(4) Omit subsection (3).

(5) In subsection (4) omit “or subsection (3) above”.

(6) In each of subsections (4) and (5) for “Secretary of State” substitute “ Welsh Ministers ”.

22

In section 45(2) (additional calculation where special items relate to part only of area)-

(a) in the definition of item B after “under” insert “ section 42B(1) above or ”, and

(b) in the definition of item T after “item T” insert “ in section 42B(1) above or ”.

23

In section 46(1) (special item for the purposes of section 34) after “under” insert “ section 42A(2) above or ”.

24

In section 47(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 42B(1) above or ”.

25

(1) Section 48 (calculation of amount payable by each billing authority) is amended as follows.

(2) In subsection (1A) in the definition of item T for “33(1)” substitute “ 31B(1) ”.

(3) In subsection (2)—

(a) for “44(1) or” substitute “ 42B(1) or (as the case may be) 44(1) above or under section ”, and

(b) in the definition of item T after the second “in” insert “ section 31B(1) or (as the case may be) ”.

(4) In subsection (3) for “44(1) or” substitute “ 42B(1) or 44(1) above or under section ”.

26

(1) Section 49 (substitute calculations) is amended as follows.

(2) In subsection (1) before paragraph (a) insert—

(za) sections 42A, 42B and 45 to 48 above (originally or by way of substitute),

(3) In subsection (1A) before paragraph (a) insert—

(za) in a case falling within paragraph (za), the provisions specified in that paragraph;

(4) In subsection (2)—

(a) before paragraph (a) insert—

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