Local Government Act 2000
| Jurisdiction | UK Non-devolved |
| Citation | 2000 c. 22 |
Local Government Act 2000
2000 CHAPTER 22
An Act 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; to amend section 29 of the Children Act 1989; and for connected purposes.
[28th July 2000]
B e 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
1 Meaning of ‘local authority’ in Part I.
In this Part ‘local authority’ means—
(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
2 Promotion of well-being.
(1) Every local authority are 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 their strategy under section 4.
(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).
3 Limits on power to promote well-being.
(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 making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(5) 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.
(6) Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(7) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(8) In this section ‘enactment’ includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 ).
4 Strategies for promoting well-being.
(1) Every local authority must prepare a strategy (referred to in this section as a community strategy) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.
(2) A local authority may from time to time modify their community strategy.
(3) In preparing or modifying their community strategy, a local authority—
(a) must consult and 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.
(4) 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.
(5) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
5 Power to amend or repeal enactments.
(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 exercising the power under subsection (1), the Secretary of State—
(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
(b) must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.
(5) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
(6) In this section ‘enactment’ includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 ).
Modification of certain enactments
6 Power to modify enactments concerning plans etc.
(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) In exercising the power under subsection (1), the Secretary of State—
(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
(b) must not make any provision—
(i) in relation to legislation made by the National Assembly for Wales, or
(ii) which has effect both in relation to Wales and in relation to any enactment to which section 7(2) applies,
without the consent of the Assembly.
(6) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
(7) 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.
(8) In this section ‘enactment’ includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
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