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(ii) each of those reports is to deal with the distribution | |
of so much of that amount as is for the receiving | |
authorities to which that report relates. | |
(2) If the Assembly decides as mentioned in sub-paragraph (1)(b)(i) | |
above— | 5 |
(a) the Assembly shall specify that amount (the distributable | |
amount for the year) in the chosen report, and | |
(b) the chosen report is the local government finance report for | |
that year to which the requirement under paragraph 10(1) | |
below applies. | 10 |
(3) If the Assembly decides as mentioned in sub-paragraph (1)(b)(ii) | |
above— | |
(a) paragraphs 10 and 11 below do not apply in relation to | |
Wales as respects the year (but see paragraphs 11A to 11C | |
below), | 15 |
(b) the power under paragraph 13 below may (in particular) | |
be exercised by making a single amending report relating | |
to both of the local government finance reports for the | |
year, and | |
(c) paragraph 14 below does not apply in relation to any | 20 |
report amending either of those reports (but see paragraph | |
14A below).” | |
(5) In paragraph 11(1)(a) (paragraph applies where distributable amount | |
specified in accordance with paragraph 9), for “paragraph 9” there is | |
substituted “paragraphs 9 and 9A(2)”. | 25 |
(6) After paragraph 11 there is inserted— | |
“11A (1) Where the National Assembly for Wales proposes to publish two | |
local government finance reports for a particular financial year | |
and as respects that year decides as mentioned in paragraph | |
9A(1)(b)(ii) above, the Assembly shall in each of those reports— | 30 |
(a) specify the amount for the year arrived at under paragraph | |
9 above, | |
(b) specify how much of that amount is for the receiving | |
authorities to which the report relates, and | |
(c) specify the basis on which the Assembly proposes to | 35 |
distribute among those authorities the amount specified | |
under paragraph (b) above. | |
(2) Before making such a report as is mentioned in sub-paragraph (1) | |
above, the Assembly shall notify the general nature of the basis of | |
distribution proposed to be specified in the report to such | 40 |
representatives of local government as appear to the Assembly to | |
be appropriate. | |
11B (1) This paragraph applies where the National Assembly for Wales— | |
(a) publishes a local government finance report that is one of | |
two being published by it for a particular financial year, | 45 |
and | |
(b) as respects that year decides as mentioned in paragraph | |
9A(1)(b)(ii) above. | |
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| |
|
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(2) The amount specified under paragraph 11A(1)(b) above in the | |
report shall be distributed among and paid to the receiving | |
authorities to which the report relates in accordance with this | |
paragraph and paragraph 12 below. | |
(3) As soon as is reasonably practicable after the report is published, | 5 |
the Assembly shall calculate in relation to each of those authorities | |
what sum falls to be paid to the authority as its share of the | |
amount specified under paragraph 11A(1)(b) above. | |
(4) The calculation under sub-paragraph (3) above shall be in | |
accordance with the basis of distribution specified in the report. | 10 |
(5) The Assembly may carry out the sub-paragraph (3) calculation | |
again at any time before the end of the financial year immediately | |
following the one to which the report relates. | |
(6) The power under sub-paragraph (5) above may only be exercised | |
once and ceases to be exercisable if the Assembly publishes under | 15 |
paragraph 13 below a report amending the report. | |
(7) As soon as is reasonably practicable after making a calculation | |
under sub-paragraph (3) or (5) above, the Assembly shall inform | |
each receiving authority to which the report relates of the | |
outcome, so far as relating to it. | 20 |
11C (1) The National Assembly for Wales may set a deadline for the | |
receipt of information to be taken into account by it when making | |
a calculation under paragraph 11B(3) or (5) above. | |
(2) Different deadlines may be set under sub-paragraph (1) above in | |
relation to different kinds of information. | 25 |
(3) A deadline under sub-paragraph (1) above shall only have effect if | |
the Assembly informs each receiving authority concerned of the | |
deadline and of the information to which it relates. | |
(4) Notification under sub-paragraph (3) above may be given at any | |
time before the making of the calculation to which the deadline | 30 |
relates, including a time before the distributable amount for the | |
year is calculated under paragraph 9 above. | |
(5) When making a calculation in relation to which a deadline under | |
sub-paragraph (1) above has effect, the Assembly shall leave | |
information to which the deadline applies out of account if it is | 35 |
received after the passing of the deadline.” | |
(7) In paragraph 12(1) (duty to pay amounts calculated under paragraph 11(3)), | |
after “11(3)” there is inserted “or 11B(3)”. | |
(8) In paragraph 12, in each of sub-paragraphs (3) and (5) (cases where | |
recalculation shows different amount to be due)— | 40 |
(a) after “11(4)” there is inserted “or 11B(5)”, and | |
(b) after “11(3)” there is inserted “or 11B(3)”. | |
(9) After paragraph 14 there is inserted— | |
“14A (1) This paragraph applies where— | |
(a) a report is made under paragraph 13 above amending a | 45 |
report (“the original report”) that is one of two local | |
government finance reports that the National Assembly | |
for Wales publishes for a particular financial year, and | |
| |
| |
|
| |
| |
(b) as respects that year the Assembly decides as mentioned in | |
paragraph 9A(1)(b)(ii) above. | |
(2) As soon as is reasonably practicable after the amending report is | |
published by the Assembly, the Assembly shall calculate in | |
relation to each of the authorities to which the original report | 5 |
relates what sum falls to be paid to the authority as its share of the | |
amount specified under paragraph 11A(1)(b) above in the original | |
report. | |
(3) The calculation under sub-paragraph (2) above shall be in | |
accordance with the amended basis of distribution. | 10 |
(4) The Assembly may carry out the sub-paragraph (2) calculation | |
again at any time before— | |
(a) the end of the financial year immediately following the one | |
to which the original report relates, or | |
(b) if later, the end of the period of 3 months beginning with | 15 |
the day on which the Assembly publishes the amending | |
report. | |
(5) The power under sub-paragraph (4) above may only be exercised | |
once. | |
(6) Paragraphs 11B(7) and 11C above apply in relation to calculations | 20 |
made under sub-paragraphs (2) and (4) above as they apply in | |
relation to calculations made under paragraph 11B(3) and (5) | |
above.” | |
(10) In paragraph 15(1) (paragraph applies where calculation made under | |
paragraph 14(1) or (2)), after “14(1) or (2)” there is inserted “or 14A(2) or (4)”. | 25 |
(11) In paragraph 15(6) (meaning of “the relevant previous calculation”)— | |
(a) after “14(1)” (in each place) there is inserted “or 14A(2)”, | |
(b) after “11(3)” there is inserted “or 11B(3)”, | |
(c) after “11(4)” there is inserted “or 11B(5)”, and | |
(d) after “14(2)” (in each place) there is inserted “or 14A(4)”. | 30 |
Schedule 3 | |
Section 100 | |
Amendment of powers exercisable in relation to local authorities | |
Local Government and Housing Act 1989 (c. 42) | |
1 The Local Government and Housing Act 1989 is amended as follows. | |
2 In section 67 (orders under Part 5), at the end there is inserted— | 35 |
“(5) The power under subsection (4) above to make differential provision | |
includes, in particular, power to make different provision for | |
different local authorities or descriptions of local authority.” | |
3 In section 70 (requirements for companies under control or subject to | |
influence of local authorities), at the end there is inserted— | 40 |
“(6) An order under subsection (1) may be made in relation to— | |
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(a) all local authorities, | |
(b) particular local authorities, or | |
(c) particular descriptions of local authority.” | |
Local Government Act 1999 (c. 27) | |
4 The Local Government Act 1999 is amended as follows. | 5 |
5 In section 4(2)(b) (different performance indicators or standards may be | |
specified for different authorities), after “different authorities” there is | |
inserted “or descriptions of authority”. | |
6 (1) Section 5 (best value reviews) is amended as follows. | |
(2) In subsection (2)(b) (orders specifying periods within which authorities are | 10 |
to conduct best value reviews may make different provision for different | |
authorities), after “different authorities” there is inserted “or descriptions of | |
authority”. | |
(3) After subsection (4) there is inserted— | |
“(4A) An order under subsection (4) may— | 15 |
(a) apply to one authority or more; | |
(b) make different provision in relation to different authorities or | |
descriptions of authority.” | |
7 In section 6 (best value performance plans), after subsection (4) there is | |
inserted— | 20 |
“(5) An order under this section may make different provision in relation | |
to different authorities or descriptions of authority.” | |
8 (1) Section 16 (power to modify enactments and confer new powers) is | |
amended as follows. | |
(2) In subsection (1) (power to modify or exclude application of enactments in | 25 |
relation to best value authorities), for “in relation to those authorities” there | |
is substituted “in relation to— | |
(a) all best value authorities, | |
(b) particular best value authorities, or | |
(c) particular descriptions of best value authority.” | 30 |
(3) In subsection (2) (power to confer powers on best value authorities), for | |
“conferring on best value authorities any power” there is substituted | |
“conferring on— | |
(a) all best value authorities, | |
(b) particular best value authorities, or | 35 |
(c) particular descriptions of best value authority, | |
any power”. | |
(4) After subsection (3) there is inserted— | |
“(3A) The power under subsection (3)(d) includes, in particular, power to | |
make different provision in relation to different authorities or | 40 |
descriptions of authority.” | |
(5) At the beginning of subsection (4) (order subject to affirmative resolution | |
procedure) there is inserted “Subject to subsection (4A),”. | |
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|
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(6) After subsection (4) there is inserted— | |
“(4A) An order under this section which is made only for the purpose of | |
amending an earlier order under this 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 | 5 |
particular description, or | |
(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, | |
shall be subject to annulment in pursuance of a resolution of either | 10 |
House of Parliament.” | |
9 In section 17 (orders under section 16: procedure), after subsection (6) there | |
is inserted— | |
“(7) Nothing in this section applies to an order under section 16 which is | |
made only for the purpose mentioned in section 16(4A).” | 15 |
10 (1) Section 19 (contracts: exclusion of non-commercial considerations) is | |
amended as follows. | |
(2) In subsection (1) (power to provide for matters to cease to be non- | |
commercial matters in relation to best value authorities), for “in relation to | |
best value authorities, for” there is substituted “in relation to— | 20 |
(a) all best value authorities, | |
(b) particular best value authorities, or | |
(c) particular descriptions of best value authority, | |
for”. | |
(3) After subsection (2) there is inserted— | 25 |
“(2A) The power under subsection (2)(c) includes, in particular, power to | |
make different provision for different authorities or descriptions of | |
authority.” | |
(4) At the beginning of subsection (3) (order subject to affirmative resolution | |
procedure) there is inserted “Subject to subsection (3A),”. | 30 |
(5) After subsection (3) there is inserted— | |
“(3A) An order under this section which is made only for the purpose of | |
amending an earlier order under this 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 | 35 |
particular description, or | |
(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, | |
shall be subject to annulment in pursuance of a resolution of either | 40 |
House of Parliament.” | |
Local Government Act 2000 (c. 22) | |
11 The Local Government Act 2000 is amended as follows. | |
12 (1) Section 3 (limits on power to promote well-being) is amended as follows. | |
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(2) After subsection (3) there is inserted— | |
“(3A) The power under subsection (3) may be exercised in relation to— | |
(a) all local authorities, | |
(b) particular local authorities, or | |
(c) particular descriptions of local authority.” | 5 |
(3) At the beginning of subsection (4) (duty to consult) there is inserted “Subject | |
to subsection (4A),”. | |
(4) After that subsection there is inserted— | |
“(4A) Subsection (4) does not apply to an order under this section which is | |
made only for the purpose of amending an earlier order under this | 10 |
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, or | |
(b) so that the earlier order, or any provision of the earlier order, | 15 |
ceases to apply to a particular authority or to authorities of a | |
particular description.” | |
13 In section 9 (procedures for orders under section 5 or 6), after subsection (7) | |
there is inserted— | |
“(8) Nothing in this section applies to an order under section 5 or 6 which | 20 |
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, or | 25 |
(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.” | |
14 (1) Section 105 (orders and regulations) is amended as follows. | |
(2) At the beginning of subsection (6) (certain instruments subject to affirmative | 30 |
resolution procedure) there is inserted “Subject to subsection (6A),”. | |
(3) After subsection (6) there is inserted— | |
“(6A) Subsection (6) does not apply to a statutory instrument which | |
contains an order under section 3(3), 5 or 6 if the order is made only | |
for the purpose of amending an earlier such order— | 35 |
(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, or | |
(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 | 40 |
particular description.” | |
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