House of Lords portcullis
House of Lords
Session 1999-2000
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Local Government Bill [H.L.]
 
 

 
 
A

B I L L

[AS AMENDED IN COMMITTEE]

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, revoke or disapply that enactment.
 
      (2) The power under subsection (1) may be exercised in relation to-
 
 
    (a) all local authorities,
 
    (b) particular local authorities, or
 
    (c) particular descriptions of local authority.
      (3) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
 
      (4) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
 
 
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.
 
      (2) The power under subsection (1) may be exercised in relation to-
 
 
    (a) all local authorities,
 
    (b) particular local authorities, or
 
    (c) particular descriptions of local authority.
      (3) The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers-
 
 
    (a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
 
    (b) that any such enactment should be amended so that it operates more effectively in relation to the authority.
      (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.
 
      (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.
 
      (6) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
 
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-
 
 
    "(9) Subject to subsection (10) below, in this section "local authority" means a parish or community council.
 
      (10) In subsection (3) above "local authority" means-
 
 
    (a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,
 
    (b) in relation to Wales, a county council, a county borough council or a community council."
 
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-
 
 
    (a) such local authorities,
 
    (b) such representatives of local government, and
 
    (c) such other persons (if any),
  as appear to him to be likely to be affected by his proposals.
 
      (2) If, following consultation under subsection (1), 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-
 
 
    (a) explains his proposals,
 
    (b) sets them out in the form of a draft order, and
 
    (c) gives details of consultation under subsection (1).
      (3) Where a document relating to proposals is laid before Parliament under subsection (2), 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 83(5) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
 
      (4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which-
 
 
    (a) Parliament is dissolved or prorogued, or
 
    (b) either House is adjourned for more than four days.
      (5) 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 (3).
 
      (6) A draft order under section 5 or 6 which is laid before Parliament in accordance with section 83(5) must be accompanied by a statement of the Secretary of State giving details of-
 
 
    (a) any representations considered in accordance with subsection (5), and
 
    (b) any changes made to the proposals contained in the document laid before Parliament under subsection (2).
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 8 February 2000