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Local Government Bill [H.L.]
 
 

 
 
A

B I L L

TO

Make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

  PART I
  PROMOTION OF ECONOMIC, SOCIAL OR ENVIRONMENTAL WELL-BEING ETC
 
Interpretation
Meaning of "local authority" in this Part.     1. In this Part "local authority" means-
 
 
    (a) in relation to England-
 
      (i) a county council,
 
      (ii) a district council,
 
      (iii) a London borough council,
 
      (iv) the Common Council of the City of London in its capacity as a local authority,
 
      (v) the Council of the Isles of Scilly,
 
    (b) in relation to Wales, a county council or a county borough council.
 
Promotion of well-being
Promotion of well-being.     2. - (1) Every local authority is to have power to do anything which they consider is likely to achieve any one or more of the following objects-
 
 
    (a) the promotion or improvement of the economic well-being of their area,
 
    (b) the promotion or improvement of the social well-being of their area, and
 
    (c) the promotion or improvement of the environmental well-being of their area.
      (2) The power under subsection (1) may be exercised in relation to or for the benefit of-
 
 
    (a) the whole or any part of a local authority's area, or
 
    (b) all or any persons resident or present in a local authority's area.
      (3) In determining whether or how to exercise the power under subsection (1), a local authority must have regard to the effect which the proposed exercise of the power would have on the achievement of sustainable development in the United Kingdom.
 
      (4) The power under subsection (1) includes power for a local authority to-
 
 
    (a) incur expenditure,
 
    (b) give financial assistance to any person,
 
    (c) enter into arrangements or agreements with any person,
 
    (d) co-operate with, or facilitate or co-ordinate the activities of, any person,
 
    (e) exercise on behalf of any person any functions of that person, and
 
    (f) provide staff, goods, services or accommodation to any person.
      (5) The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
 
      (6) Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
 
Limits on power to promote well-being.     3. - (1) The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
 
      (2) The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
 
      (3) The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
 
      (4) Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
 
      (5) Before issuing any guidance under subsection (4), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
 
      (6) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
 
Strategies for promoting well-being.     4. - (1) Every local authority is to have power to prepare a strategy for promoting or improving the economic, social and environmental well-being of their area.
 
      (2) In preparing any strategy under this section, a local authority-
 
 
    (a) may consult or seek the participation of such persons as they consider appropriate, and
 
    (b) must have regard to any guidance for the time being issued by the Secretary of State.
      (3) Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
 
Power to amend or repeal enactments.     5. - (1) If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal or revoke that enactment.
 
      (2) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
 
 
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