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Modification of certain enactments |
| Power to modify enactments concerning plans etc. |
6. - (1) Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter.
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(2) The power under subsection (1) may be exercised in relation to-
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(a) all local authorities, |
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(b) particular local authorities, or |
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(c) particular descriptions of local authority. |
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(3) The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers-
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(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or |
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(b) that any such enactment should be amended so that it operates more effectively in relation to the authority. |
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(4) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
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(5) An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.
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(6) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
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| Modification of section 137 of the 1972 Act. |
7. In section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted-
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"(9) Subject to subsection (10) below, in this section "local authority" means a parish or community council.
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(10) In subsection (3) above "local authority" means-
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(a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council, |
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(b) in relation to Wales, a county council, a county borough council or a community council." |
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Procedure for orders under section 5 or 6 |
| Procedure for orders under section 5 or 6. |
8. - (1) Before the Secretary of State makes an order under section 5 or 6 he must consult-
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(a) such local authorities, |
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(b) such representatives of local government, and |
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(c) such other persons (if any), |
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as appear to him to be likely to be affected by his proposals.
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(2) Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the National Assembly for Wales.
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(3) If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 6 he must lay before each House of Parliament a document which-
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(a) explains his proposals, |
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(b) sets them out in the form of a draft order, |
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(c) gives details of consultation under subsection (1), and |
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(d) where consultation has taken place under subsection (2), sets out the views of the National Assembly for Wales. |
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(4) Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 6 to give effect to the proposals (with or without modification) is to be laid before Parliament in accordance with section 92(5) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
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(5) In calculating the period mentioned in subsection (4) no account is to be taken of any time during which-
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(a) Parliament is dissolved or prorogued, or |
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(b) either House is adjourned for more than four days. |
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(6) In preparing a draft order under section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
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(7) A draft order under section 5 or 6 which is laid before Parliament in accordance with section 92(5) must be accompanied by a statement of the Secretary of State giving details of-
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(a) any representations considered in accordance with subsection (6), and |
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(b) any changes made to the proposals contained in the document laid before Parliament under subsection (3). |
