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Powers of National Assembly for Wales |
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1 | Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly |
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measures) is amended in accordance with this Schedule. |
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2 | In Part 1, after the heading “Field 12: local government” insert— |
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| Provision for and in connection with— |
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(a) | the constitution of new principal areas and the |
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abolition or alteration of existing principal areas, |
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(b) | the establishment of councils for new principal |
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areas and the abolition of existing principal |
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| “Principal area” means a county borough or a county in |
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Wales, and “principal council” means a council for a |
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| Provision for and in connection with— |
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(a) | the procedure for the making and coming into |
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(b) | the enforcement of byelaws. |
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| “Byelaws” means those of a class which may be confirmed |
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by the Welsh Ministers (but the provision which may be |
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made includes provision to remove a requirement of |
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(a) | the principles which are to govern the conduct of |
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members of relevant authorities, |
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(b) | codes of conduct for such members, |
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(c) | the conferral on any person of functions relating to |
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the promotion or maintenance of high standards of |
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conduct of such members (including the |
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establishment of bodies to have such functions), |
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(d) | the making or handling of allegations that |
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members (or former members) of relevant |
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authorities have breached standards of conduct, |
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(i) | the investigation and adjudication of such |
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allegations and reports on the outcome of |
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(ii) | the action that may be taken where |
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breaches are found to have occurred, |
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(e) | codes of conduct for employees of relevant |
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| For the purposes of this matter— |
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| “relevant authority” has the same meaning as in |
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Part 3 of the Local Government Act 2000, except |
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that other than in paragraph (d) it does not include |
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| “member” includes a co-opted member within the |
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| Provision for and in connection with strategies of county |
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councils and county borough councils for promoting or |
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improving the economic, social or environmental well- |
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being of their areas or contributing to the achievement of |
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sustainable development in the United Kingdom, |
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including provision imposing requirements in connection |
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with such strategies on other persons with functions of a |
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| Provision for and in connection with— |
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(a) | the making of arrangements by relevant Welsh |
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authorities to secure improvement in the way in |
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which their functions are exercised, |
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(b) | the making of arrangements by relevant Welsh |
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authorities for the involvement in the exercise of |
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their functions of people who are likely to be |
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affected by, or interested in, the exercise of the |
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(c) | the assessment and inspection of the performance |
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of relevant Welsh authorities in exercising their |
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| The following are “relevant Welsh authorities”— |
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(a) | a county council, county borough council or |
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community council in Wales, |
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(b) | a National Park authority for a National Park in |
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(c) | a fire and rescue authority in Wales constituted by |
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a scheme under section 2 of the Fire and Rescue |
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Services Act 2004 or a scheme to which section 4 of |
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(d) | a levying body within the meaning of section 74(1) |
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of the Local Government Finance Act 1988 in |
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respect of which the county council or charging |
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authority referred to in section 74(1)(b) of that Act |
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was a council or authority for an area in Wales, |
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(e) | a body to which section 75 of that Act applies |
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(special levies) and which as regards the financial |
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year beginning in 1989 had power to levy a rate by |
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reference to property in Wales.” |
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3 | In Part 2, after paragraph 2 insert— |
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2A | A provision of an Assembly Measure cannot make any alteration |
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4 | In Part 3, after paragraph 7 insert— |
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7A | Part 2 does not prevent a provision of an Assembly Measure |
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making an alteration to the boundary of a police area in Wales if |
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the Secretary of State consents to the provision.” |
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Structural and boundary change |
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| | | | 10 | | Race Relations Act 1976 (c. 74) |
| In Schedule 1A, in Part 1, paragraph 33. |
| | | | Local Government Finance Act |
| In section 91(3B), the words “(in this section |
| | | | | referred to as “the reorganisation date”)”. |
| | | | Food Safety Act 1990 (c. 16) |
| In section 27(5), the words “pursuant to a |
| | | | | | | 15 | | Local Government Act 1992 |
| | | | | | (a) | subsections (1) and (2); |
| | | | | | | | | | | | | | | (a) | in subsection (1), paragraphs (a) and (b), |
| | 20 | | | in paragraph (c) the words from |
| | | | | “whether” to the end of the paragraph, |
| | | | | and the words after paragraph (c); |
| | | | | (b) | subsections (2), (3), (5), (6) and (7). |
| | | | | | | 25 | | | (a) | in subsection (3)(c), the words “or police |
| | | | | | | | | | (b) | in subsection (4)(c), the words “or police |
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| | | | | | Local Government Act 1992 |
| | | | | | | | | | | | | | | | (c) | in subsection (3), the words “Subject to |
| | 5 | | | subsection (3A) below,”, the words |
| | | | | “Electoral Commission or of the”, |
| | | | | paragraphs (a), (b), (c), (ea), (g) and (h), |
| | | | | and in paragraph (f), the words from the |
| | | | | beginning to “district councillors,” and |
| | 10 | | | the words “for any parish situated in the |
| | | | | | | | | | (d) | subsections (3A) and (3B); |
| | | | | (e) | in subsection (4), the words “or in an |
| | | | | agreement under section 20 below”; |
| | 15 | | | (f) | subsections (5) and (6). |
| | | | | | | | | | | | | | | | | | | | | | 20 | | | (a) | in subsection (1), paragraphs (a) and (b) |
| | | | | and, in paragraph (c), the words “or |
| | | | | relates only to parishes”; |
| | | | | | | | | | (c) | in subsection (3), the words “orders or” |
| | 25 | | | in the first place where they occur; |
| | | | | (d) | in subsection (4) the words “order or”; |
| | | | | | | | | | (f) | in subsection (6), the words “the |
| | | | | Secretary of State is or”, the words “he |
| | 30 | | | or”, and the words “he thinks or”. |
| | | | Environment Act 1995 (c. 25) |
| In section 79(1), in the definition of “public |
| | | | | authority”, the words “or residuary body”. |
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| | | | | | Local Government Act 1972 (c. |
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Executive arrangements for England |
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| | | | | | Local Government Act 1972 |
| In Schedule 12, paragraph 1(2)(aa). |
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| | | | | | Local Government Act 2000 |
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| | | | | | Local Government and Rating |
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Overview and scrutiny committees |
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| | | | | | Local Government Act 2000 |
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| | | | | | Public Health Acts Amendment |
| In subsection (4) of section 82, the words from |
| | | | | “Provided” to the end of the subsection. |
| | | | Public Health Act 1936 (c. 49) |
| | | | | | (a) | in paragraph (b), the words “bathing- |
| | 20 | | | machines may be stationed, or”, |
| | | | | (b) | in paragraph (c), the words “bathing- |
| | | | | | | | | | | | | | Public Health (Control of |
| | | 25 | | Disease) Act 1984 (c. 22) |
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| | | | | | Housing Associations Act 1985 |
| In section 75(1B), the words from “, except” to |
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| | | | | | Local Government Act 1999 |
| | | | | | (a) | in subsection (1)(d), the words “(subject |
| | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | Section 6(2)(c), (d) and (l). |
| | | | | | | 15 | | | In section 7(3A), the words “If an authority’s |
| | | | | auditor is appointed by the Auditor General |
| | | | | | | | | | | | | | | | | 20 | | | (b) | in paragraph (ea), the words “if the |
| | | | | auditor is appointed by the Auditor |
| | | | | | | | | | | | | | | | | 25 | | | (b) | in paragraph (ba), the words “if the |
| | | | | auditor is appointed by the Auditor |
| | | | | | | | | | In section 7(7), the word “, (3)”. |
| | | | | | | 30 | | | | | | | | (b) | in paragraph (aa), the words “if he was |
| | | | | appointed by the Auditor General for |
| | | | | | | | | | (c) | in the words following paragraph (b), |
| | 35 | | | | | | | | | | | | | (a) | in paragraph (a), the words “, if the |
| | | | | authority is a best value authority in |
| | | | | | | 40 | | | | | | | | | | | | | | | | | | Section 8B(1), (3) and (4). |
| | | | | In section 10(4), paragraph (a) and the word |
| | 45 | | | “and” following that paragraph. |
| | | | | In section 11(4)(b), the word “must”. |
| | | | | | | | | | | | | | | | | 50 | | | In section 23(6), the words “(within the meaning |
| | | | | | | | | | In section 26(2)(a), the words “best value”. |
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| | | | | | Local Government Act 1999 |
| In section 28(2), the word “5,”. |
| | | | | | | | | | | | | | | (b) | in subsection (4), the words “to Wales”. |
| | 5 | | Local Government Act 2000 |
| | | | | | (a) | in subsection (4), the words “Subject to |
| | | | | | | | | | | | | | Local Government Act 2003 |
| | | 10 | | | In section 95(7), the definition of “best value |
| | | | | | | | | | In section 100(2)(b), the words “4 to 6,”. |
| | | | | In section 101(8), in the definition of |
| | | | | “appropriate person”, the words “, in relation |
| | 15 | | | | | | | | | | | | | (a) | in the definition of “appropriate person”, |
| | | | | the words “in relation to Scotland,”; |
| | | | | (b) | in the definition of “local authority”, |
| | 20 | | | paragraph (a) and, in paragraph (b), the |
| | | | | words “in relation to Scotland,”. |
| | | | Public Audit (Wales) Act 2004 |
| | | | | | | | | | | | | 25 | | | (b) | paragraph 5(2), (4), (6), (9) and (13). |
| | | | Police and Justice Act 2006 |
| | | | | | | | | | Local Government and Public |
| | | | | Involvement in Health Act |
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Change of name of the Audit Commission |
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| | | | | | | In Schedule A1, in paragraphs 2(2)(h), 3(2)(e) |
| | 35 | | | and 4(h), the words “and Wales”. |
| | | | | In Schedule 1, in Part 3, in the entry relating to |
| | | | Disqualification Act 1975 |
| any member of the Audit Commission in |
| | | | | receipt of remuneration, the words “and |
| | | | | | | 40 | | Race Relations Act 1976 (c. 74) |
| In Schedule 1A, in Part 2, in the entry relating to |
| | | | | the Audit Commission, the words “and |
| | | | | | | | | Housing Associations Act 1985 |
| In section 75(1A), the words “and Wales”. |
| | | | | | | 45 | | Airports Act 1986 (c. 31) |
| In section 22(5)(b), the words “and Wales”. |
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