W
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
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General dutyW
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Improvement objectivesW
3Improvement objectivesW
Improvement: supplementaryW
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Consultation about the general duty and improvement objectivesW
6The general duty, improvement objectives and consultation: guidanceW
7Aspects of improvement: amendmentW
Performance indicators and standardsW
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Collaboration and improvementW
9Powers to collaborate etcW
10Fire and rescue authorities: powers of delegationW
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12Duties in relation to powers of collaborationW
Improvement planning and informationW
13Collection of information related to performanceW
14Use of performance informationW
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relevant regulators and their functionsW
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Improvement audits and assessmentsW
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18Improvement assessmentsW
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20Response to section 19 reportsW
Other functions of the Auditor General for WalesW
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh MinistersW
28Welsh Ministers: support for Welsh improvement authoritiesW
29Welsh Ministers: powers of direction etcW
30Powers of direction: collaboration arrangementsW
31Power of Welsh Ministers to modify enactments and confer new powersW
32Orders under section 31: procedureW
Miscellaneous and supplementalW
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34Use of information by regulatorsW
35Part 1: interpretationW
36FinanceW
PART 2 WCOMMUNITY STRATEGIES AND PLANNING
Community planningW
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community strategiesW
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community involvementW
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh MinistersW
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterpretationW
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
I1S. 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). |