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Local Government (Wales) Measure 2009
2009 nawm 2
A MEASURE of the National Assembly for Wales to make provision about arrangements by local authorities and other authorities in Wales to secure continuous improvement in the exercise of their functions; to make provision for community strategies; and for connected purposes.
This Measure, passed by the National Assembly for Wales on 28 April 2009 and approved by Her Majesty in Council on [10 June 2009]:, enacts the following provisions:–
PART 1 WLOCAL GOVERNMENT IMPROVEMENT
Meaning of “Welsh improvement authority”W
1Meaning of “Welsh improvement authority”W
For the purposes of this Measure, a “Welsh improvement authority” is—
(a)a county council and county borough council in Wales;
(b)a National Park authority for a National Park in Wales; and
(c)a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.
Commencement Information
I1S. 1 in force at 17.7.2009 by S.I. 2009/1796, art. 2(a)
General dutyW
2General duty in relation to improvementW
(1)A Welsh improvement authority must make arrangements to secure continuous improvement in the exercise of its functions.
(2)In discharging its duty under subsection (1), an authority must have regard in particular to the need to improve the exercise of its functions in terms of—
(a)strategic effectiveness;
(b)service quality;
(c)service availability;
(d)fairness;
(e)sustainability;
(f)efficiency; and
(g)innovation.
(3)For the meanings of paragraphs (a) to (g) of subsection (2), see section 4.
Commencement Information
I2S. 2(2)(3) in force at 17.7.2009 by S.I. 2009/1796, art. 2(b)
Improvement objectivesW
3Improvement objectivesW
(1)For each financial year, a Welsh improvement authority must set itself objectives for improving the exercise of its functions during that year (“improvement objectives”).
(2)A Welsh improvement authority must make arrangements to secure achievement of its improvement objectives.
(3)An improvement objective must be framed so as to improve the exercise of the function or functions to which it relates in terms of at least one of the following—
(a)strategic effectiveness;
(b)service quality;
(c)service availability;
(d)fairness;
(e)sustainability;
(f)efficiency; and
(g)innovation.
(4)For the meanings of paragraphs (a) to (g) of subsection (3), see section 4.
Improvement: supplementaryW
4Aspects of improvementW
(1)This section provides for the meanings of paragraphs (a) to (g) of—
(a)section 2(2);
(b)section 3(3); and
(c)section 8(5).
(2)A Welsh improvement authority improves the exercise of its functions in terms of—
(a)strategic effectiveness, if it exercises its functions in a way which is reasonably likely to lead to the achievement of, or assist in achieving, any of its strategic objectives;
(b)service quality, if there is an improvement in the quality of services;
(c)service availability, if there is an improvement in the availability of services;
(d)fairness, if—
(i)disadvantages faced by particular groups in accessing, or taking full advantage of, services are reduced; or
(ii)social well-being is improved as a result of the provision of services or the way in which functions are otherwise exercised;
(e)sustainability, if services are provided or functions are otherwise exercised in a way which contributes towards the achievement of sustainable development in the authority's area;
(f)efficiency, if there is an improvement in the efficiency with which resources are used in the provision of services or in the way in which functions are otherwise exercised; and
(g)innovation, if the way in which services are provided or functions are otherwise exercised is altered in a manner which is reasonably likely to lead to any outcome described in paragraphs (a) to (f).
(3)For the purposes of subsection (2)(a), a Welsh improvement authority's strategic objectives are—
(a)in the case of a county council or a county borough council, the community strategy objectives contained in the current community strategy for the authority's area;
(b)in the case of a National Park authority—
(i)any relevant community strategy objectives; and
(ii)where the authority's National Park Management Plan includes objectives for the authority to meet in the exercise of its functions, those objectives;
(c)in the case of a Welsh fire and rescue authority—
(i)any relevant community strategy objectives; and
(ii)where the authority has decided to set itself objectives in response to guidance contained in the Fire and Rescue National Framework, those objectives.
(4)For the purposes of this section—
(a)“current community strategy” (“strategaeth gymunedol gyfredol”) means the community strategy for a local authority's area published under section 39(4) or, where the strategy has been amended following a review under section 41, the strategy most recently published under section 41(6);
(b)“Fire and Rescue National Framework” (“Fframwaith Cenedlaethol Tân ac Achub”) means the Framework prepared by the Welsh Ministers and having effect under section 21 of the Fire and Rescue Services Act 2004 (including any revisions to the Framework which have effect under that section);
(c)“National Park Management Plan” (“Cynllun Rheoli Parc Cenedlaethol”) means the Plan published by a National Park authority under section 66 of the Environment Act 1995 (c. 25) (including any amendments to the Plan published under subsection (6) of that section);
(d)“relevant community strategy objective” (“amcan strategaeth gymunedol perthnasol”) means an objective that—
(i)is contained within a current community strategy the production of which involved the authority as a community planning partner (within the meaning of section 38); and
(ii)is connected with the authority's functions;
(e)a reference to services is to—
(i)services provided by the authority in the exercise of its functions;
(ii)services provided by any other person under arrangements made by the authority in the exercise of its functions.
Commencement Information
I3S. 4 in force at 17.7.2009 by S.I. 2009/1796, art. 2(c)
5Consultation about the general duty and improvement objectivesW
(1)For the purpose of deciding how to fulfil the duties under section 2(1) and 3(1) a Welsh improvement authority must consult—
(a)representatives of persons resident in the authority's area;
(b)representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions;
(c)representatives of persons who use or are likely to use services provided by the authority; and
(d)representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.
(2)For the purposes of subsection (1) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group.
Commencement Information
I4S. 5 in force at 17.7.2009 by S.I. 2009/1796, art. 2(d)
6The general duty, improvement objectives and consultation: guidanceW
In deciding—
(a)how to discharge its duties under section 2(1), 3(1) and 3(2);
(b)who to consult under section 5; or
(c)the form, content and timing of consultations under section 5,
a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.
Commencement Information
I5S. 6 in force at 17.7.2009 by S.I. 2009/1796, art. 2(e)
7Aspects of improvement: amendmentW
(1)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2) of section 4;
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.
(2)Such an order may make such amendments of this Measure as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (1).
(3)Before making such an order, the Welsh Ministers must consult—
(a)persons appearing to them to represent Welsh improvement authorities, and
(b)such other persons (if any) as they think fit.
Commencement Information
I6S. 7 in force at 17.7.2009 by S.I. 2009/1796, art. 2(f)
Performance indicators and standardsW
8Performance indicators and standardsW
(1)The Welsh Ministers may by order specify—
(a)factors (“performance indicators”) by reference to which a Welsh improvement authority's performance in exercising functions can be measured;
(b)standards (“performance standards”) to be met by Welsh improvement authorities in relation to performance indicators specified under paragraph (a).
(2)An order may specify different performance indicators or standards—
(a)for different functions;
(b)for different authorities or descriptions of authority;
(c)to apply at different times.
(3)Before specifying performance indicators or standards the Welsh Ministers must consult—
(a)persons appearing to them to represent the authorities concerned,
(b)the Auditor General for Wales, and
(c)such other persons (if any) as they think fit.
(4)In deciding whether to specify performance indicators and standards, and in deciding them, the Welsh Ministers must aim to promote improvement of the exercise of the functions of Welsh improvement authorities.
(5)In particular, the Welsh Ministers must be concerned with the need to improve the exercise of those functions in terms of at least one of the following—
(a)strategic effectiveness;
(b)service quality;
(c)service availability;
(d)fairness;
(e)sustainability;
(f)efficiency; and
(g)innovation.
(6)For the meanings of paragraphs (a) to (g) of subsection (5), see section 4(2).
(7)A Welsh improvement authority must make arrangements to exercise its functions so that any applicable performance standard specified under subsection (1)(b) is met.
Commencement Information
I7S. 8(1)-(6) in force at 17.7.2009 by S.I. 2009/1796, art. 2(g)
Collaboration and improvementW
9Powers to collaborate etcW
10Fire and rescue authorities: powers of delegationW
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12Duties in relation to powers of collaborationW
Improvement planning and informationW
13Collection of information related to performanceW
(1)A Welsh improvement authority must make arrangements for—
(a)the collection of information which will allow it to assess whether it has met during a financial year those improvement objectives set under section 3(1) which are applicable to that year;
(b)the collection of information which will allow it to—
(i)measure its performance during a financial year by reference to those performance indicators specified under section 8(1)(a) which are applicable to the authority for that year;
(ii)assess whether it has met during a financial year those performance standards specified under section 8(1)(b) which are applicable to the authority for that year;
(c)the collection of information which will allow it to—
(i)measure its performance during a financial year by reference to those self-imposed performance indicators which are applicable to that year;
(ii)assess whether it has met during a financial year those self-imposed performance standards which are applicable to that year.
(2)For the purposes of this section and sections 14 and 15—
(a)a self-imposed performance indicator is a factor by reference to which a Welsh improvement authority has decided to measure its performance in exercising its functions; and
(b)a self-imposed performance standard is a standard which a Welsh improvement authority has decided to meet in relation to a self-imposed performance indicator.
14Use of performance informationW
(1)A Welsh improvement authority must use the information it collects under section 13 to compare its performance in exercising the functions to which the information relates with—
(a)its performance in exercising those or similar functions during previous financial years; and
(b)so far as is reasonably practicable, the performance of other Welsh improvement authorities and other public authorities in exercising those or similar functions during the financial year to which the information relates and during previous financial years.
(2)A Welsh improvement authority must—
(a)use the information it collects under section 13 to assess whether it could improve its performance in exercising its functions; and
(b)in the light of that assessment, decide what steps it will take with a view to improving its performance in exercising its functions.
(3)In discharging its duty under this section and section 13 a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.
15Improvement planning and publication of improvement informationW
(1)A Welsh improvement authority must make arrangements in accordance with this section for the publication of the information described below.
(2)The authority must make arrangements for the publication of—
(a)the authority's assessment of its performance during a financial year—
(i)in discharging its duty under section 2;
(ii)in meeting the improvement objectives it has set itself under section 3 which are applicable to that year;
(iii)by reference to performance indicators specified under section 8(1)(a) and self-imposed performance indicators which are applicable to that year;
(iv)in meeting performance standards specified under section 8(1)(b) and self-imposed performance standards which are applicable to that year;
(b)the authority's assessment of its performance in exercising its functions during a financial year as compared with—
(i)its performance in previous financial years; and
(ii)so far as is reasonably practicable, the performance during that and previous financial years of other Welsh improvement authorities and other public authorities (to the extent that those authorities exercise similar functions to those exercised by the authority);
(c)details of the ways in which the authority has during a financial year exercised its powers of collaboration for the purpose of discharging or facilitating the discharge of its duties under sections 2(1), 3(2) and 8(7) during that year;
(d)details of the information collected under section 13 in respect of a financial year and what the authority has done to discharge its duties under section 14 in relation to that year.
(3)Those arrangements must be framed so that the information is published before—
(a)31 October in the financial year following that to which the information relates; or
(b)such other date as the Welsh Ministers may specify by order.
(4)The authority must make arrangements for the publication of a summary of any report in respect of the authority issued under section 22.
(5)Those arrangements must be framed so that the summary is published before—
(a)31 October in the financial year following that in which the report was issued; or
(b)such other date as the Welsh Ministers may specify by order.
(6)The authority must make arrangements for the publication of a description of the authority's plans for discharging its duties under sections 2(1), 3(2) and 8(7) in a financial year together with, if the authority thinks fit, its plans for subsequent years (an “improvement plan”).
(7)Those arrangements must be framed so that the information is published—
(a)as soon as is reasonably practicable after the start of the financial year to which the plan must relate; or
(b)as soon as is reasonably practicable after such other date as the Welsh Ministers may specify by order.
(8)A Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers about the discharge of its duties under this section.
(9)Without prejudice to the generality of subsection (8), guidance issued under that subsection may address—
(a)the manner in which assessments of performance are to be carried out;
(b)the making of an improvement plan including the procedure to be followed.
Commencement Information
I8S. 15(8)(9) in force at 17.7.2009 by S.I. 2009/1796, art. 2(h)
Relevant regulators and their functionsW
16Meaning of “relevant regulators” and “relevant functions”W
(1)For the purposes of this Part, a “relevant regulator” is a person listed in subsection (2) and the regulator's “relevant functions” are those specified in respect of the person in that subsection.
(2)The relevant regulators and their relevant functions are as follows—
(a)Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of functions under section 38 of the Education Act 1997 (c. 44) (inspection of LEAs);
(b)the Welsh Ministers in the exercise of their functions under—
(i)sections 93, 94 and 95 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (reviews etc of the provision of social services);
(ii)regulations made under section 96 of that Act;
(c)a person appointed under section 28 of the Fire and Rescue Services Act 2004 (c. 21) (inspectors) in the exercise of the person's functions under section 28(1) of that Act;
(d)the Welsh Language Board in the exercise of functions under section 17 of the Welsh Language Act 1993 (c. 38) (investigations);
(e)an auditor appointed under section 13 of the Public Audit (Wales) Act 2004 (c. 23) to audit the accounts of a Welsh improvement authority in the exercise of the function of carrying out the audit.
(3)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.
(4)Such an order may make such amendments of this Measure as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (3).
(5)The Welsh Ministers must not make such an order unless they have consulted—
(a)persons appearing to them to represent Welsh improvement authorities;
(b)the Auditor General for Wales;
(c)where the order alters the relevant functions specified in respect of a relevant regulator, that regulator;
(d)where the order adds a person to the list of relevant regulators, that person.
(6)But subsection (5)(d) does not require the Welsh Ministers to have consulted a person established by or under any enactment if the enactment is not in force at the date on which the order is made.
Commencement Information
I9S. 16 in force at 17.7.2009 by S.I. 2009/1796, art. 2(i)
Improvement audits and assessmentsW
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18Improvement assessmentsW
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20Response to section 19 reportsW
Other functions of the Auditor General for WalesW
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22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25Statement of practiceW
(1)The Auditor General for Wales must prepare a statement of practice which describes the way in which the Auditor General intends to exercise the functions described in subsection (4).
(2)The Auditor General must—
(a)keep the statement under review; and
(b)if the Auditor General considers it appropriate following a review, prepare a revised statement of practice.
(3)The statement of practice must accord with the principles described in subsection (5).
(4)The functions are those conferred upon the Auditor General by—
(a)section 17 (improvement information and planning: audit);
(b)section 18 (improvement assessments);
(c)section 19 (audit and assessment reports);
(d)section 23 (co-ordination of audit etc);
(e)section 24 (annual improvement reports).
(5)The principles are—
(a)that the Auditor General for Wales should exercise the Auditor General's functions consistently as between different Welsh improvement authorities;
(b)that persons appointed under section 13 of the Public Audit (Wales) Act 2004 should discharge their responsibilities independently;
(c)that it is desirable that the relevant functions of the relevant regulators and the functions of the Auditor General described in section 23(7) are exercised proportionately so as not to impose an unreasonable burden upon Welsh improvement authorities;
(d)that the functions in subsection (4) should be exercised with a view to assisting Welsh improvement authorities to comply with the requirements of this Part.
(6)The Auditor General for Wales must send a copy of a statement or revised statement prepared under subsection (1) to the Welsh Ministers for their approval.
(7)If the statement or revised statement is approved by the Welsh Ministers, the Auditor General must publish the statement or the revised statement.
(8)The Auditor General for Wales must have regard to the statement most recently published under subsection (7) in exercising the functions described in subsection (4).
Commencement Information
I10S. 25 in force at 17.7.2009 by S.I. 2009/1796, art. 2(j)
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh MinistersW
28Welsh Ministers: support for Welsh improvement authoritiesW
(1)If they have complied with subsection (3), the Welsh Ministers may do anything which they consider is likely to assist a Welsh improvement authority to comply with the requirements of this Part.
(2)The power under subsection (1) includes power—
(a)to enter into arrangements or agreements with any person;
(b)to co-operate with, or facilitate or co-ordinate the activities of, any person;
(c)to exercise on behalf of any person any functions of that person;
(d)to provide staff, goods, services or accommodation to any person.
(3)Unless they are exercising the power under subsection (1) in response to a request made under subsection (4), the Welsh Ministers must, before exercising that power, consult—
(a)the Welsh improvement authority or authorities whom they propose to assist by the exercise of the power; and
(b)those persons who appear to the Welsh Ministers to be key stakeholders affected by the exercise of the power referred to in subsection (1).
(4)If a Welsh improvement authority asks them to do so, the Welsh Ministers must consider whether to exercise their power under subsection (1).
29Welsh Ministers: powers of direction etcW
(1)This section applies in relation to a Welsh improvement authority if the Welsh Ministers are satisfied as to any of the following—
(a)that—
(i)the authority has been the object of the exercise by the Welsh Ministers of their power under section 28 for the purpose of assisting the authority to comply with any of the requirements of this Part; and
(ii)the authority is failing, or is likely to fail, to comply with any of the requirements of this Part and that failure, or likely failure, concerns a requirement mentioned in sub-paragraph (i);
(b)that—
(i)the authority is failing, or is likely to fail, to comply with any of the requirements of this Part; and
(ii)the urgency of the situation or the potential consequences of the failure, or likely failure, are such that it is appropriate to exercise a power under this section despite the Welsh Ministers not having exercised their power under section 28 for the purpose of assisting the authority to comply with those requirements; or
(c)that—
(i)the authority is failing, or is likely to fail, to comply with any of the requirements of this Part;
(ii)the Welsh Ministers have decided that they wish to exercise their power under section 28 for the purpose of assisting the authority to comply with those requirements; and
(iii)the power under section 28 cannot be exercised effectively because the authority has failed to co-operate with the Welsh Ministers.
(2)Where this section applies in relation to a Welsh improvement authority, the Welsh Ministers may direct it to do all or any of the following—
(a)prepare or amend an improvement plan or to follow specified procedures in relation to such a plan;
(b)carry out a review of its exercise of specified functions;
(c)enter into specified collaboration arrangements with another Welsh improvement authority;
(d)set specified improvement objectives for itself under section 3.
(3)Where this section applies in relation to a Welsh improvement authority, the Welsh Ministers may direct a local inquiry to be held into the exercise of specified functions of the authority.
(4)Subsections (2) to (5) of section 250 of the Local Government Act 1972 (inquiries) shall apply in relation to an inquiry which the Welsh Ministers direct to be held under this section as they apply in relation to an inquiry caused to be held under that section.
(5)Where this section applies in relation to a Welsh improvement authority the Welsh Ministers may direct the authority to take any action which the Welsh Ministers consider necessary or expedient to secure its compliance with the requirements of this Part.
(6)Where this section applies in relation to a Welsh improvement authority the Welsh Ministers may direct—
(a)that a specified function of the authority must be exercised by the Welsh Ministers or a person nominated by them for a period specified in the direction or for so long as the Welsh Ministers consider appropriate; and
(b)that the authority must comply with any instructions of the Welsh Ministers or their nominee in relation to the exercise of that function and must provide such assistance as the Welsh Ministers or their nominee may require for the purpose of exercising the function.
(7)The Welsh Ministers may by regulations make provision which—
(a)relates to an enactment which confers a function on them in respect of a function of a Welsh improvement authority; and
(b)they consider necessary or expedient for the purposes of cases in which they make a direction under subsection (6)(a).
(8)Regulations under subsection (7) may, in relation to the cases mentioned in subsection (6)(b)—
(a)disapply or modify an enactment of the kind mentioned in subsection (7)(a);
(b)have an effect similar to the effect of an enactment of that kind.
(9)A direction given under this section—
(a)shall be enforceable by mandatory order on the application of the Welsh Ministers;
(b)may be published, in whole or in part, by the Welsh Ministers.
30Powers of direction: collaboration arrangementsW
(1)This section applies to a Welsh improvement authority to which section 29 does not apply.
(2)Having first consulted the authority, the Welsh Ministers may direct the authority to enter into specified collaboration arrangements with a Welsh improvement authority to which section 29 does apply.
(3)A direction given under this section shall be enforceable by mandatory order on the application of the Welsh Ministers.
31Power of Welsh Ministers to modify enactments and confer new powersW
(1)If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh improvement authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to—
(a)all Welsh improvement authorities;
(b)particular Welsh improvement authorities; or
(c)particular descriptions of Welsh improvement authority.
(2)The Welsh Ministers may by order make provision conferring on—
(a)all Welsh improvement authorities;
(b)particular Welsh improvement authorities; or
(c)particular descriptions of Welsh improvement authority,
any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part.
(3)An order under this section may—
(a)impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);
(b)amend an enactment.
(4)In exercising a power conferred under subsection (2) a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.
(5)In this section “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978).
Commencement Information
I11S. 31 in force at 17.7.2009 by S.I. 2009/1796, art. 2(k)
32Orders under section 31: procedureW
(1)Before the Welsh Ministers make an order under section 31 they must consult such authorities or persons as appear to them to be representative of interests affected by their proposals.
(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 31 they must lay before the National Assembly for Wales a document explaining their proposals and, in particular—
(a)setting out their proposals in the form of a draft order; and
(b)giving details of consultation under subsection (1).
(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), a draft of an order under section 31 to give effect to the proposals (with or without modification) must not be laid before the Assembly until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4)In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
(5)In preparing a draft order under section 31 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
(6)A draft order laid before the National Assembly for Wales in accordance with section 50(6) must be accompanied by a statement of the Welsh Ministers giving details of—
(a)any representations considered in accordance with subsection (5), and
(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above.
(7)Nothing in this section applies to an order under section 31 which is made only for the purpose mentioned in section 50(7).
Commencement Information
I12S. 32 in force at 17.7.2009 by S.I. 2009/1796, art. 2(l)
Miscellaneous and supplementalW
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34Use of information by regulatorsW
A relevant regulator may use any information the regulator obtains, or documents produced to the regulator, in the course of exercising any relevant function for the purposes of the regulator's functions under this Measure.
35Part 1: interpretationW
(1)For the purposes of this Part—
-
“collaboration arrangements” (“trefniadau cydlafurio”) means an activity performed in the exercise of a Welsh improvement authority's powers of collaboration;
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“financial year” (“blwyddyn ariannol”) means a year beginning with 1 April;
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“improvement plan” (“cynllun gwella”) means the plan referred to in section 15(6);
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“powers of collaboration” (“pwerau cydlafurio”) has the meaning given by section 11(1);
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“relevant functions” (“swyddogaethau perthnasol”), in relation to a relevant regulator, means the functions specified in respect of the regulator in section 16(2);
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“relevant regulator” (“rheoleiddiwr perthnasol”) means a person mentioned in section 16(2);
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“special inspection” (“arolygiad arbennig”) has the meaning given by section 21;
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“Welsh fire and rescue authority” (“awdurdod tân ac achub Cymreig”) has the meaning given by section 1(c);
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“Welsh improvement authority” (“awdurdod gwella Cymreig”) has the meaning given by section 1.
(2)For the purposes of this Part, unless the context otherwise requires, a reference to the exercise of a function by a Welsh improvement authority includes a reference to the carrying out of connected acts (such as the making of administrative arrangements).
Commencement Information
I13S. 35 in force at 17.7.2009 by S.I. 2009/1796, art. 2(m)
36FinanceW
(1)Section 33 of the Local Government Act 1999 (finance) is amended as follows.
(2)In subsection (3)—
(a)replace “National Assembly for Wales” with “Welsh Ministers”;
(b)at the end of paragraph (b) insert “ or the Local Government (Wales) Measure 2009 ”.
Commencement Information
I14S. 36 in force at 17.7.2009 by S.I. 2009/1796, art. 2(n)
PART 2 WCOMMUNITY STRATEGIES AND PLANNING
Community planningW
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38Meaning of “community planning partners”W
(1)For the purposes of this Part, a local authority's community planning partners are the following—
(a)a community council for a community any part of which falls within the local authority's area;
(b)a Welsh fire and rescue authority constituted for an area any part of which falls within the local authority's area;
(c)a Local Health Board established for an area any part of which falls within the local authority's area;
(d)an NHS Trust which is specified in relation to the authority's area by direction of the Welsh Ministers;
(e)a National Park authority any part of whose area falls within the local authority's area;
(f)a police authority for a police area any part of which falls within the local authority's area;
(g)the chief constable of the police force for a police area referred to in paragraph (f).
(2)Subject to subsections (3) and (4) the Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (1);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.
(3)The Welsh Ministers must not exercise their power under subsection (2)—
(a)so as to include, or provide for the inclusion of, a person within subsection (1) who does not have functions of a public nature;
(b)so as to include, or provide for the inclusion of, a person within that subsection unless they have consulted—
(i)where they propose to include a person, that person;
(ii)such representatives of local authorities in Wales as the Welsh Ministers consider appropriate;
(iii)such representatives of community planning partners as the Welsh Ministers consider appropriate.
(4)If the Welsh Ministers exercise their power under subsection (2) so as to include, or provide for the inclusion of, a person within subsection (1) who has functions of both a public and a private nature, they must include that person, or provide for that person's inclusion, only in relation to those of its functions which are of a public nature.
Commencement Information
I15S. 38 in force at 17.7.2009 by S.I. 2009/1796, art. 2(o)
Community strategiesW
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community involvementW
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh MinistersW
45Community planning etc: guidanceW
(1)The Welsh Ministers may issue guidance about—
(a)any aspect of community planning;
(b)the production and review of community strategies;
(c)the duties of a local authority and its community planning partners under sections 42 to 44.
(2)A local authority and its community planning partners must have regard to any guidance issued under this section.
Commencement Information
I16S. 45 in force at 17.7.2009 by S.I. 2009/1796, art. 2(p)
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterpretationW
47Part 2: interpretation etcW
(1)For the purposes of this Part—
-
“community planning” (“cynllunio cymunedol”) must be construed in accordance with section 37;
-
“community planning partner” (“partner cynllunio cymunedol”) means a person falling within section 38;
-
“current community strategy” (“strategaeth gymunedol gyfredol”) means the community strategy for a local authority's area published under section 39(4) or, where the strategy has been amended following a review under section 41, the strategy most recently published under section 41(6);
-
“local authority” (“awdurdod lleol”) means a county council or a county borough council in Wales;
-
“National Park authority” (“awdurdod Parc Cenedlaethol”) means a National Park authority for a National Park in Wales;
-
“police area” has the meaning given by section 1 of the Police Act 1996;
-
“police authority” (“awdurdod heddlu”) means a police authority in Wales established under section 3 of the Police Act 1996;
-
“Welsh fire and rescue authority” (“awdurdod tân ac achub Cymreig”) has the same meaning as in section 1(c).
(2)Any reference in this Part to an action being performed or a function being exercised for the purposes of achieving a community strategy objective is a reference to an action being performed or a function being exercised as described in section 37(2)(c).
(3)Where this Part refers to a thing being connected with a community planning partner's functions, the functions in question do not include the partner's functions under this Part.
(4)A document referred to by this Measure as a “community strategy” (or by an expression including that term) may instead be referred to by whatever alternative name is agreed between a local authority and its community planning partners.
Commencement Information
I17S. 47 in force at 17.7.2009 by S.I. 2009/1796, art. 2(q)
PART 3 WGENERAL
48GuidanceW
(1)This section has effect in relation to any guidance issued by the Welsh Ministers under this Measure.
(2)The Welsh Ministers—
(a)may issue guidance under Part 1 to or in respect of Welsh improvement authorities generally or in respect of one or more particular authorities;
(b)may issue guidance under Part 2 to or in respect of local authorities and community planning partners generally or in respect of one or more particular authorities or partners;
(c)may issue different guidance to or in respect of different Welsh improvement authorities, local authorities or community planning partners;
(d)must, before they issue guidance, consult the authorities or partners concerned or persons appearing to the Welsh Ministers to represent them; and
(e)must arrange for guidance to be published.
49DirectionsW
Any direction given by the Welsh Ministers under this Measure—
(a)may be varied or revoked by a later direction; and
(b)must be given in writing.
50Orders and regulationsW
(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.
(2)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—
(a)to make different provision for different cases, areas, authorities and descriptions of authority;
(b)to make provision generally or in relation to specific cases;
(c)to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.
(3)A statutory instrument containing an order under section 8(1), 15(3), (5) or (7), 19(3)(b) or 51(4) or regulations under section 29(7) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4)But subsection (3) does not apply if an order also contains provisions made under the powers mentioned in subsection (5).
(5)A statutory instrument which contains (alone or with other provisions)—
(a)an order under section 7(1);
(b)an order under section 16(3);
(c)an order under section 38(2); or
(d)an order under section 51(4) which includes provision mentioned in subsection (5)(b)(i) of that section,
must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(6)Subject to subsection (7), a statutory instrument containing an order under section 31 must not be made unless a draft of the order has been laid before, and approved by resolution of, the National Assembly for Wales.
(7)An order under section 31 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;
(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 subject to annulment in pursuance of a resolution of the National Assembly for Wales.
51Consequential etc amendments and transitional and saving provisionW
(1)Schedule 1 contains minor and consequential amendments for Part 1 of this Measure.
(2)Schedule 2 contains minor and consequential amendments for Part 2 of this Measure.
(3)Schedule 3 contains transitional provisions and savings for Parts 1 and 2 of this Measure.
(4)The Welsh Ministers may by order make such provision as the Welsh Ministers consider appropriate for the general purposes, or any particular purposes, of this Measure, or in consequence of, or for giving full effect to, any provision made by this Measure.
(5)An order under subsection (4) may, in particular—
(a)provide for any amendment or other provision made by this Measure which comes into force before any other provision has come into force to have effect, until that other provision has come into force, with specified modifications, and
(b)amend, repeal or revoke any provision of—
(i)any Act or Measure of the National Assembly for Wales (including this Measure); and
(ii)subordinate legislation.
(6)The amendments that may be made by virtue of subsection (5)(b) are in addition to those made by or which may be made under any other provision of this Measure.
(7)In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Commencement Information
I18S. 51 partly in force; s. 51(4)-(7) in force at Royal Assent see s. 53
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53CommencementW
(1)Sections 48 to 50, 51(4) to (7), 54 and this section come into force on the day on which this Measure is approved by Her Majesty in Council.
(2)The other provisions of this Measure come into force on such day as the Welsh Ministers may by order appoint.
(3)An order under subsection (2) may appoint different days for different purposes.
54Short titleW
This Measure may be cited as the Local Government (Wales) Measure 2009.
(introduced by section 51(1))
SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS: PART 1
Local Government, Planning and Land Act 1980 (c. 65)W
1WAmend the Local Government, Planning and Land Act 1980 as follows.
2WIn section 2, insert the following at the end of subsection (1)— “ or a Welsh improvement authority for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.
Social Security Administration Act 1992 (c. 5)W
3WAmend the Social Security Administration Act 1992 as follows.
4WIn section 139A(2)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
5WIn section 139C(1)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
6WIn section 139D(1), for paragraph (ca) substitute the following—
“(ca)a copy of a report has been sent to a local authority under section 22(3) of the Local Government (Wales) Measure 2009 and to the Secretary of State under section 22(5) of that Measure;”.
Audit Commission Act 1998 (c. 18)W
7WAmend the Audit Commission Act 1998 as follows.
8WIn section 47A (reports relating to performance of English local authorities) omit subsection (5)(a).
Local Government Act 1999 (c. 27)W
9WAmend the Local Government Act 1999 as follows.
10WIn section 1 (best value authorities) omit subsections (1)(k), (6) and (7).
11WIn section 2 (power to extend or disapply: Secretary of State) omit subsection (5A).
12WIn section 3A (involvement of local representatives) omit subsection (3)(b).
13WIn section 10 (inspections) omit subsection (5)(a).
14WIn section 10A (inspections: Auditor General for Wales) omit subsections (1)(a) and (4)(a).
15WIn section 13A (reports of inspections under section 10A) omit subsection (5).
16WIn section 15 (Secretary of State's powers) omit subsection (2)(aa).
17WIn section 16 (power of Secretary of State to modify enactments and confer new powers) omit subsection (6)(b).
18WIn section 19(5) (contracts: exclusion of non-commercial considerations), insert the following after paragraph (a)—
“(aa)a Welsh improvement authority for the purposes of the Local Government (Wales) Measure 2009,”.
19WIn section 23(4)(za) (accounts) omit the words “Welsh best value authorities or”.
20WIn section 25(2) (coordination of inspections etc) omit paragraph (d).
21WIn section 28(2) (orders and regulations) omit “6, 7”.
22WIn section 29 (modifications for Wales)—
(a)in subsection (1A) omit “3, 10A, 12A, 13A, 15,” and “23, 25 and 26”;
(b)omit subsections (2A), (4) and (6).
Local Government Act 2003 (c. 26)W
23WAmend the Local Government Act 2003 as follows.
24WIn section 36(1) (grants in connection with designation for service excellence), after “(best value duty)” insert “ or to a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009 ”.
25WIn section 36A (grants by Ministers of the Crown in respect of best value authorities etc)—
(a)in subsection (1) after “best value authorities” insert “ or a Welsh improvement authority or Welsh improvement authorities ”;
(b)in subsection (2)(b) for the words “Welsh best value authority” substitute “ Welsh improvement authority ”;
(c)in subsection (3) insert at the end “ or a Welsh improvement authority ”;
(d)in subsection (7) for the words “Welsh best value authority” to the end of the subsection substitute—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
26WIn section 36B (grants by Welsh Ministers in respect of Welsh best value authorities)—
(a)in subsection (1) from the words “the economic” to the end of the subsection substitute “ compliance by a Welsh improvement authority or Welsh improvement authorities with the requirements of Part 1 of the Local Government (Wales) Measure 2009 ”;
(b)in subsection (2) after “best value authority” insert “ or Welsh improvement authority ”;
(c)in subsection (6) for the words “Welsh best value authority” to the end of the subsection substitute—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
27W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28WIn section 95(7) (power to trade in function-related activities through a company), in the definition of “relevant authority” after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
29WIn section 97(11) (power to modify enactments in connection with charging or trading), in the definition of “relevant authority” after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
30WIn section 101 (staff transfer matters: general)—
(a)after subsection (5) insert—
“(5A)The duties under Part 1 of the Local Government (Wales) Measure 2009 (local government improvement) have effect subject to subsections (1) and (3).”;
(b)in subsection (7A) after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
31WIn section 124 (general interpretation) after the definition of “valuation tribunal” insert—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
Fire and Rescue Services Act 2004 (c. 21)W
32WAmend section 24 of the Fire and Rescue Services Act 2004 (best value) as follows.
33WAfter subsection (2) insert the following—
“(3)Subsection (1) does not apply to a fire and rescue authority in Wales.
(4)Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.
(5)As applied by subsection (4), those sections have effect as if—
(a)in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;
(b)sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;
(c)in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;
(d)in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;
(e)in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;
(f)in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.”.
Public Audit (Wales) Act 2004 (c. 23)W
34WAmend the Public Audit (Wales) Act 2004 as follows.
35WIn section 41(1) (studies for improving economy etc in services) at the end of paragraph (a) insert— “ or Welsh improvement authorities for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.
36WIn section 54 (restriction on disclosure of information)—
(a)in subsection (1)(a) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”;
(b)in subsection (1)(b)—
(i)after the word “study” insert “ assessment ”;
(ii)at the end insert . “ or Part 1 of the Local Government (Wales) Measure 2009 ”
(c)in subsection (2)(b) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
(introduced by section 51(2))
SCHEDULE 2WMINOR AND CONSEQUENTIAL AMENDMENTS: PART 2
Local Government Act 2000 (c. 22)W
1W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Planning and Compulsory Purchase Act 2004 (c. 5)W
4WAmend section 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) as follows.
5WFor subsection (5)(d) and (e) substitute—
“(d)any relevant community strategy;”.
6WFor subsection (7) substitute— “A community strategy is relevant if—
(a)in the case of an authority which is a county council or county borough council, it has been published by the authority under section 39 of the Local Government (Wales) Measure 2009 or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure;
(b)in the case of an authority which is a National Park authority—
(i)its production involved the authority as a community planning partner within the meaning of section 38 of that Measure; and
(ii)it has been published under section 39 of that Measure or, if the strategy has been amended, it is the strategy most recently published under section 41 of that Measure.”.
(introduced by section 51(3))
SCHEDULE 3WTRANSITIONAL PROVISION AND SAVINGS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(introduced by section 52)
SCHEDULE 4WREPEALS
Short title and chapter | Extent of repeal |
---|---|
Audit Commission Act 1998 (c. 18) | In section 47A, subsection (5)(a). |
Local Government Act 1999 (c. 27) | |
Local Government Act 2000 (c. 22) | In section 4, subsection (5). |