(5) References in this section to a requirement imposed by this Act include a
requirement imposed by another Act as a result of its amendment by this Act.

234 Orders and regulations

(1) Any power of a Minister of the Crown or the Welsh Ministers to make an order
5or regulations under this Act is exercisable by statutory instrument.

(2) Any power of a Minister of the Crown or the Welsh Ministers to make an order
or regulations under this Act (other than a power under section 239) includes—

(a) power to make different provision for different cases, circumstances or
areas, and

(b) 10power to make incidental, supplementary, consequential, transitional
or transitory provision or savings.

(3) The power under subsection (2)(a) includes, in particular, power to make
different provision for different authorities or descriptions of authority
(including descriptions framed by reference to authorities in particular areas).

(4) 15Provision or savings made under subsection (2)(b) may take the form of
amendments, or revocations, of provisions of an instrument made under
legislation.

(5) The generality of the power under subsection (2)(a) is not to be taken to be
prejudiced by any specific provision of this Act authorising differential
20provision.

(6) A Minister of the Crown may not make an order or regulations to which
subsection (7) applies unless a draft of the statutory instrument containing the
order or regulations (whether alone or with other provisions) has been laid
before, and approved by a resolution of, each House of Parliament.

(7) 25This subsection applies to—

(a) an order under section 5(2) that—

(i) amends any Act or provision of an Act, and

(ii) is not made (in reliance on section 7(4)) in accordance with
sections 15 to 19 of the Legislative and Regulatory Reform Act
302006 as applied by section 7(3);

(b) an order under section 5(3), other than one that is made only for the
purpose mentioned in section 7(5)(b);

(c) an order under section 5(4), other than one that is made only for that
purpose or for imposing conditions on the doing of things for a
35commercial purpose;

(d) an order under section 8(2);

(e) an order under section 52;

(f) regulations under section 81(2)(d), (6)(e) or (10) or 83(11);

(g) an order under section 87(4) or 96(7);

(h) 40regulations under section 101;

(i) an order under section 106(2) or 107(6);

(j) regulations under section 117;

(k) an order or regulations under section 235 which amend or repeal a
provision of an Act otherwise than in consequence of provision made
45by or under section 231;

(l) an order or regulations under section 235 which, in consequence of
provision made by section 231, amend or repeal a provision of an Act
other than a local or private Act.

(8) A statutory instrument that—

(a) 5contains an order or regulations made by a Minister of the Crown
under this Act,

(b) is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, each House of Parliament, and

(c) is not subject to any requirement that a draft of the instrument be laid
10before, and approved by a resolution of, the House of Commons,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(9) Subsection (8) does not apply to—

(a) an order under section 5(1) (but see section 7),

(b) 15an order under section 5(2) which (in reliance on section 7(4)) is made
in accordance with sections 15 to 19 of the Legislative and Regulatory
Reform Act 2006 as applied by section 7(3),

(c) an order under section 15 (but see section 19),

(d) an order or regulations under Schedule 24, or

(e) 20an order under section 239.

(10) A statutory instrument that contains an order or regulations made by the
Treasury under Schedule 24 is subject to annulment in pursuance of a
resolution of the House of Commons.

(11) The Welsh Ministers may not make—

(a) 25an order or regulations under section 235 which amend or repeal a
provision of legislation,

(b) an order under section 62,

(c) an order under section 87(4) or 96(7),

(d) regulations under section 101, or

(e) 30an order under section 106(4) or 107(6),

unless a draft of the statutory instrument containing the order or regulations
(whether alone or with other provisions) has been laid before, and approved
by a resolution of, the National Assembly for Wales.

(12) A statutory instrument that—

(a) 35contains an order or regulations made by the Welsh Ministers under
this Act, and

(b) is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, the National Assembly for
Wales,

40is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.

(13) Subsection (12) does not apply to an order under section 239.

(14) If a draft of a statutory instrument containing an order under section 52 would,
apart from this subsection, be treated for the purposes of the standing orders
45of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not such an instrument.

(15) In this section—

Localism BillPage 232

• “legislation” means—

  (a)

  an Act, or

  (b)

  a Measure or Act of the National Assembly for Wales;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  5Crown Act 1975.

235 Power to make further consequential amendments

(1) The appropriate authority may by order or regulations make such provision
amending, repealing or revoking legislation as the appropriate authority
considers appropriate in consequence of any provision made by or under this
10Act.

(2) In subsection (1) “appropriate authority”—

(a) in relation to sections 9, 10, 25, 38 to 43, 45, 46, 68, 69, 87 to 108, 147, 148
and 161(3)(b) and (c), and Parts 2, 6, 7, 9, 10 and 22 of Schedule 25 and
section 236 so far as relating to those Parts, means—

(i) 15the Secretary of State in relation to England, and

(ii) the Welsh Ministers in relation to Wales,

(b) in relation to Part 3 and section 80, and Part 14 of Schedule 25 and
section 236 so far as relating to that Part, means the Welsh Ministers,
and

(c) 20in relation to any other provision made by or under this Act means the
Secretary of State.

(3) In subsection (1) “legislation”, in relation to any provision made by or under
this Act, means—

(a) this Act or any Act passed before, or in the same Session as, this Act, or

(b) 25any instrument made under this or any other Act before the coming
into force of the provision.

(4) In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or
Measure of the National Assembly for Wales.

236 Repeals and revocations

30Schedule 25 (repeals and revocations) has effect.

237 Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under this Act,
and

(b) 35any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

238 Extent

(1) This Act extends to England and Wales only, subject as follows.

(2) The following provisions extend also to Scotland—

(a) 40Part

2

,

(b) section 128(1) and (3) to (6),

(c) section 232 and Schedule 24, and

(d) sections 234, 235 and 237, this section and sections 239 and 240.

(3) Section 129 extends also to Scotland, but only so far as required for the purpose
mentioned in section 240(4) of the Planning Act 2008 (construction of certain
5cross-border pipelines).

(4) Part

2

, sections 232, 234, 235 and 237, this section and sections 239 and 240, and
Schedule 24, extend also to Northern Ireland.

(5) 10Any amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates, subject to subsection (6).

(6) Any amendment or repeal made by this Act in the Transport Act 1968, and the
repeal of section 121(1) of the Local Government, Planning and Land Act 1980,
extend to England and Wales only.

239 15Commencement

(1) The following provisions come into force at the end of 2 months beginning
with the day on which this Act is passed—

(a) section 25,

(b) Chapter 8 of Part 1 so far as relating to England,

(c) 20section 44,

(d) section 45,

(e) section 47,

(f) section 71,

(g) section 80,

(h) 25sections 111 to 113,

(i) section 142,

(j) section 176,

(k) section 182 and Schedule 18,

(l) Chapter 2 of Part 8, except section 196(3)(e) and (f) and (5), and

(m) 30Parts 6, 8, 14, 17 and 29 of Schedule 25, and section 236 so far as relating
to those Parts.

(2) Subject to subsections (1) and (3) to (6), provisions of this Act come into force
on such day as the Secretary of State may by order appoint.

(3) The following provisions so far as relating to Wales come into force on such
35day as the Welsh Ministers may by order appoint—

(a) Chapter 8 of Part 1,

(b) section 46,

(c) section 68,

(d) section 69,

(e) 40Chapter 3 of Part 5 except so far as it is brought into force by subsection
(5)(g) and (h),

(f) sections 147, 148 and 161(3)(b) and (c), and

(g) Parts 7, 9, 10 and 22 of Schedule 25, and section 236 so far as relating to
those Parts.

(4) 45The following provisions come into force on such day as the Welsh Ministers
may by order appoint—

(a) section 9(1) so far as it inserts—

(i) new sections 5A and 5B so far as relating to fire and rescue
authorities in Wales,

(ii) new sections 5C and 5D so far as relating to power of the Welsh
Ministers to make orders, and

(iii) 5new sections 5F to 5L,

(b) section 9(2) so far as relating to fire and rescue authorities in Wales,

(c) section 9(3), (6) and (7)(a) and (c),

(d) section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d),

(e) section 9(7)(b) so far as it inserts new section 62(1A)(b) so far as relating
10to power of the Welsh Ministers to make orders,

(f) section 10(1) to (3) and (5) so far as relating to fire and rescue authorities
in Wales,

(g) section 10(4),

(h) Part 3,

(j) 15the following so far as relating to fire and rescue authorities in Wales—

(i) in Part 2 of Schedule 25, the entries for sections 5 and 19 of the
Fire and Rescue Services Act 2004, and

(ii) section 236 so far as relating to those entries, and

(k) in Part 2 of Schedule 25, the entry for section 62(3) of the Fire and
20Rescue Services Act 2004, and section 236 so far as relating to that entry.

(5) The following provisions come into force on the day on which this Act is
passed—

(a) section 23,

(b) paragraphs 56 and 57 of Schedule 4, and section 26 so far as relating to
25those paragraphs,

(c) section 29,

(d) section 37,

(e) Chapter 2 of Part 5 so far as it confers power on the Secretary of State to
make regulations,

(f) 30section 86,

(g) Chapter 3 of Part 5 so far as it confers power on the Secretary of State,
or the Welsh Ministers, to make regulations or orders,

(h) sections 103 and 104,

(i) section 109(1)(b) and (2) to (6), paragraphs 1, 13(1), 18 and 19 of
35Schedule 8 and section 109(7) so far as relating to those provisions of
that Schedule,

(j) section 110,

(k) sections 116 and 121 and Schedules 9 to 12 so far as those sections or
Schedules confer power on the Secretary of State to make regulations or
40publish documents setting standards,

(l) sections 117 to 120,

(m) the provisions inserted by section 122 so far as they require or authorise
the making of provision in a development order,

(n) section 143,

(o) 45sections 167 to 174,

(p) section 232 and Schedule 24 so far as they confer power on the Treasury
to make regulations or orders,

(q) sections 233, 234, 235, 237, 238, this section and section 240, and

(r) Part 15 of Schedule 25, and section 236 so far as relating to that Part.

(6) Section 114 comes into force on the day after the day on which this Act is
passed.

(7) An order under subsection (2), (3) or (4) may—

(a) appoint different days for different purposes;

(b) 5make such transitory or transitional provision, or savings, as the person
making the order considers appropriate.

(8) The appropriate authority may by order make such transitory or transitional
provision, or savings, as the appropriate authority considers appropriate in
connection with the coming into force of any provision of this Act mentioned
10in subsection (1), (5) or (6).

(9) In subsection (8) “appropriate authority”—

(a) in relation to sections 25 and 45, and Part 6 of Schedule 25 and section
236 so far as relating to that Part, means—

(i) the Secretary of State in relation to England, and

(ii) 15the Welsh Ministers in relation to Wales,

(b) in relation to sections 80 and 104, and Chapter 3 of Part 5 so far as it
confers power on the Welsh Ministers to make regulations or orders,
means the Welsh Ministers, and

(c) in relation to any other provision mentioned in subsection (1), (5) or (6)
20means the Secretary of State.

240 Short title

This Act may be cited as the Localism Act 2011.

SCHEDULES

Section 1

SCHEDULE 1 General power of competence: consequential amendments

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

1 5In section 137(9)(a) (“local authority” means a parish council which is not an
eligible parish council for the purposes of Part 1 of the Local Government
Act 2000) for “Part 1 of the Local Government Act 2000” substitute “Chapter
1 of Part 1 of the Localism Act 2011 (general power of competence)”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

2 10The Local Government Act 2000 is amended as follows.

3 In section 2(1) (power to promote well-being) after “Every local authority”
insert “in Wales”.

4 In section 3(3) to (6) (limits on power of well-being) for “Secretary of State”
substitute “Welsh Ministers”.

Section 21

15SCHEDULE 2 New arrangements with respect to governance of English local authorities

Part 1 New Part 1A of the Local Government Act 2000

1 After Part 1 of the Local Government Act 2000 insert—

20“ Part 1A Arrangements with respect to local authority governance in
England

CHAPTER 1 Permitted forms of governance

9B Permitted forms of governance for local authorities in England

(1) 25A local authority must operate—

(a) executive arrangements,

(b) a committee system, or

(c) prescribed arrangements.

(2) Executive arrangements must conform with any provisions made by
or under this Part which relate to such arrangements (see, in
5particular, Chapter 2).

(3) A committee system must conform with any provisions made by or
under this Part which relate to such a system (see, in particular,
Chapter 3).

(4) In this Part—

• 10“a committee system” means the arrangements made by a local
  authority, which does not operate executive arrangements or
  prescribed arrangements, for or in connection with the
  discharge of its functions in accordance with—

  (a)

  Part 6 of the Local Government Act 1972, and

  (b)

  15this Part;

• “executive arrangements” means arrangements by a local
  authority—

  (a)

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

  (b)

  20under which certain functions of the authority are the
  responsibility of the executive;

• “prescribed arrangements” means such arrangements as may
  be prescribed in regulations made by the Secretary of State
  under section 9BA.

9BA 25Power of Secretary of State to prescribe additional permitted
governance arrangements

(1) The Secretary of State may by regulations make provision
prescribing arrangements that local authorities may operate for and
in connection with the discharge of their functions.

(2) 30In particular, the regulations—

(a) must include provision about how, and by whom, the
functions of a local authority are to be discharged, and

(b) may include provision enabling functions to be delegated.

(3) Regulations under this section may, in particular, include provision
35which applies or reproduces (with or without modifications) any
provisions of, or any provision made under, Chapters 2 to 4 of this
Part.

(4) In considering whether or how to exercise the power in this section,
the Secretary of State must have regard to any proposals made under
40subsection (5).

(5) A local authority may propose to the Secretary of State that the
Secretary of State make regulations prescribing arrangements
specified in the proposal if the authority considers that the
conditions in subsection (6) are met.

(6) 45The conditions are—

(a) that the operation by the authority of the proposed
arrangements would be an improvement on the

arrangements which the authority has in place for the
discharge of its functions at the time that the proposal is
made to the Secretary of State,

(b) that the operation by the authority of the proposed
5arrangements would be likely to ensure that the decisions of
the authority are taken in an efficient, transparent and
accountable way, and

(c) that the arrangements, if prescribed under this section,
would be appropriate for all local authorities, or for any
10particular description of local authority, to consider.

(7) A proposal under subsection (5)—

(a) must describe the provision which the authority considers
should be made under subsection (2) in relation to the
proposed arrangements, and

(b) 15explain why the conditions in subsection (6) are met in
relation to the proposed arrangements.

CHAPTER 2 Executive arrangements

Local authority executives

9C Local authority executives

(1) 20The executive of a local authority must take a form specified in
subsection (2) or (3).

(2) The executive may consist of—

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the
25executive by the elected mayor.

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

(3) The executive may consist of—

(a) a councillor of the authority (referred to in this Part as the
30executive leader) elected as leader of the executive by the
authority, and

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

Such an executive is referred to in this Part as a leader and cabinet
35executive (England).

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

(5) The number of members of a local authority executive may not
exceed 10 or such other number as may be specified in regulations
40made by the Secretary of State.

(6) Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of electing a leader under subsection (3)(a).

Executive functions

9D Functions which are the responsibility of an executive

(1) This section has effect for the purposes of determining which of the
functions of a local authority that operates executive arrangements
5are the responsibility of an executive of the authority under those
arrangements.

(2) Subject to any provision made by this Act or by any enactment which
is passed or made after the day on which this Act is passed, any
function of the local authority which is not specified in regulations
10under subsection (3) is to be the responsibility of an executive of the
authority under executive arrangements.

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

(a) to be a function which is not to be the responsibility of an
15executive of the authority under executive arrangements,

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

(c) to be a function which—

(i) to the extent provided by the regulations, is to be the
20responsibility of such an executive under such
arrangements, and

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

(4) 25Executive arrangements must make provision for any function of a
local authority falling within subsection (3)(b)—

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

(b) to be a function which is not to be the responsibility of such
30an executive, or

(c) to be a function which—

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

(ii) to the extent provided by the arrangements, is not to
35be the responsibility of such executive.

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

(a) to designate any action in connection with the discharge of
40that function which is to be the responsibility of an executive
of the local authority, and

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

(6) 45The Secretary of State may by regulations specify cases or
circumstances in which any function of a local authority which, by
virtue of the preceding provisions of this section, would otherwise be
the responsibility of an executive of the authority to any extent is not