Office of Public Sector Information
Section 235
1 Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended in accordance with this Schedule.
2 In Part 1, after the heading “Field 12: local government” insert—
“Matter 12.1
Provision for and in connection with—
(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and
(b) the establishment of councils for new principal areas and the abolition of existing principal councils.
“Principal area” means a county borough or a county in Wales, and “principal council” means a council for a principal area.
Matter 12.2
Provision for and in connection with—
(a) the procedure for the making and coming into force of byelaws, and
(b) the enforcement of byelaws.
“Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).
Matter 12.3
Any of the following—
(a) the principles which are to govern the conduct of members of relevant authorities,
(b) codes of conduct for such members,
(c) the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
(d) the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—
(i) the investigation and adjudication of such allegations and reports on the outcome of investigations,
(ii) the action that may be taken where breaches are found to have occurred,
(e) codes of conduct for employees of relevant authorities.
For the purposes of this matter—
“relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
“member” includes a co-opted member within the meaning of that Part.
Matter 12.4
Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.
Matter 12.5
Provision for and in connection with—
(a) the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
(b) the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
(c) the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.
The following are “relevant Welsh authorities”—
(a) a county council, county borough council or community council in Wales,
(b) a National Park authority for a National Park in Wales,
(c) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
(d) a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,
(e) a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.”
3 In Part 2, after paragraph 2 insert—
2A A provision of an Assembly Measure cannot make any alteration in police areas.”
4 In Part 3, after paragraph 7 insert—
7A Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.”
Section 241
| Short title and chapter | Extent of repeal |
|---|---|
| Race Relations Act 1976 (c. 74) | In Schedule 1A, in Part 1, paragraph 33. |
| Local Government Finance Act 1988 (c. 41) | 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 structural change”. |
| Local Government Act 1992 (c. 19) | In section 13— (a)
subsections (1) and (2); (b)
subsection (7)(a). In section 14— (a)
in subsection (1), paragraphs (a) and (b), 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). Section 15(7A)(a). Section 16. In section 17— (a)
subsection (1); (b)
subsection (2)(a); (c)
in subsection (3), the words “Subject to 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 the words “and the order of retirement” and “for any parish situated in the district”; (d)
subsections (3A) and (3B); (e)
in subsection (4), the words “or in an agreement under section 20 below”; (f)
subsections (5) and (6). Section 18. Section 19(2). Sections 20 to 22. In section 26— (a)
in subsection (1), paragraphs (a) and (b) and, in paragraph (c), the words “or relates only to parishes”; (b)
subsection (2); (c)
in subsection (3), the words “orders or” in the first place where they occur; (d)
in subsection (4) the words “order or”; (e)
subsection (5); (f)
in subsection (6), the words “the Secretary of State is or”, the words “he 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”. |
| Short title and chapter | Extent of repeal |
|---|---|
| Local Government Act 1972 (c. 70) | Section 7(4) to (6). Section 8(2) and (3). |
| Local Government Act 1992 (c. 19) | In section 15— (a)
subsection (1)(c) and the word “and” immediately preceding it; (b)
subsection (2); (c)
subsection (3)(a) and (c); (d)
in subsection (6)(a), the words “a further report under subsection (4) containing”; (e)
subsection (8). Section 15A. In section 17(2), the words “or the submission of a report”. |
| Reference | Extent of repeal or revocation |
|---|---|
| Local Government Act 1972 (c. 70) | In section 3(4A) the words “or a mayor and council manager executive”. In section 79(1) the words “, or be qualified to be elected and to be an elected mayor,”. In section 80(1), in the words before paragraph (a), the words “, and be disqualified for being elected or being an elected mayor,”. In section 270(4A) the words “or a mayor and council manager executive”. In Schedule 2, in paragraph 5B, the words “or a mayor and council manager executive”. In Schedule 12— (a)
paragraph 1(2)(aa); (b)
in paragraph 5(5), the words “or a mayor and council manager executive”. |
| Local Government Act 1974 (c. 7) | In section 30(2AB), the words “or mayor and council manager executive”. |
| Representation of the People Act 1983 (c. 2) | In section 24(1)(dd) the words “or a mayor and council manager executive”. |
| Local Government Finance Act 1988 (c. 41) | In section 111(3A), the words “leader and cabinet executive,”. |
| The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 (S.I. 2001/2237) | Articles 4 and 5(a). |
| Short title and chapter | Extent of repeal |
|---|---|
| Local Government and Rating Act 1997 (c. 29) | Part 2. |
| Short title and chapter | Extent of repeal |
|---|---|
| Local Government Act 2000 (c. 22) | Section 6(5) and (6). Section 7(2) and (6). |
| Short title and chapter | Extent of repeal |
|---|---|
| Local Government Act 2000 (c. 22) | Section 21(8). |
| National Health Service (Consequential Provisions) Act 2006 (c. 43) | In Schedule 1, paragraph 206. |
| Police and Justice Act 2006 (c. 48) | Section 20(5)(f) and (g)(i) to (iii). |
| Short title and chapter | Extent of repeal |
|---|---|
| Public Health Acts Amendment Act 1907 (c. 53) | In subsection (4) of section 82, the words from “Provided” to the end of the subsection. |
| Public Health Act 1936 (c. 49) | In section 231(1)— (a)
in paragraph (b), the words “bathing-machines may be stationed, or”; (b)
in paragraph (c), the words “bathing-machines,”; (c)
paragraph (d). |
| Public Health (Control of Disease) Act 1984 (c. 22) | Section 56(2) and (3). |
| Short title and chapter | Extent of repeal |
|---|---|
| Housing Associations Act 1985 (c. 69) | In section 75(1B), the words from “, except” to the end. |
| Local Government Act 1999 (c. 27) | In section 1— (a)
in subsection (1)(d), the words “(subject to subsection (8))”; (b)
subsection (3); (c)
subsection (5); (d)
subsection (6)(c); (e)
subsection (8). In section 2— (a)
subsection (2)(a); (b)
subsection (3). Section 4(6). Section 5. Section 6(2)(c), (d) and (l). Section 7(3). In section 7(3A), the words “If an authority’s auditor is appointed by the Auditor General for Wales,”. In section 7(4)— (a)
paragraph (e); (b)
in paragraph (ea), the words “if the auditor is appointed by the Auditor General for Wales,”. In section 7(5)— (a)
paragraph (b); (b)
in paragraph (ba), the words “if the auditor is appointed by the Auditor General for Wales,”. In section 7(7), the word “, (3)”. In section 7(8)— (a)
paragraph (a); (b)
in paragraph (aa), the words “if he was appointed by the Auditor General for Wales,”; (c)
in the words following paragraph (b), the word “, (3)”. In section 7(8A)— (a)
in paragraph (a), the words “, if the authority is a best value authority in Wales,”; (b)
paragraph (b). Section 7(9). Section 8. Section 8B(1), (3) and (4). In section 10(4), paragraph (a) and the word “and” following that paragraph. In section 11(4)(b), the word “must”. Section 13(5). Section 21. Section 22(8). In section 23(6), the words “(within the meaning of section 7)”. In section 26(2)(a), the words “best value”. In section 28(2), the word “5,”. In section 29— (a)
subsection (3); (b)
in subsection (4), the words “to Wales”. |
| Local Government Act 2000 (c. 22) | In section 21— (a)
in subsection (4), the words “Subject to subsection (5),”; (b)
subsection (5). |
| Local Government Act 2003 (c. 26) | Sections 34 and 35. In section 95(7), the definition of “best value authority”. In section 100(2)(b), the words “4 to 6,”. In section 101(8), in the definition of “appropriate person”, the words “, in relation to Scotland,”. In section 102(8)— (a)
in the definition of “appropriate person”, the words “in relation to Scotland,”; (b)
in the definition of “local authority”, paragraph (a) and, in paragraph (b), the words “in relation to Scotland,”. |
| Public Audit (Wales) Act 2004 (c. 23) | Section 59(4). In Schedule 1— (a)
paragraph 4; (b)
paragraph 5(2), (4), (6), (9) and (13). |
| Police and Justice Act 2006 (c. 48) | Section 4. |
| Local Government and Public Involvement in Health Act 2007 (c. 28) | Section 136(1)(b). |
| Short title and chapter | Extent of repeal |
|---|---|
| Prison Act 1952 (c. 52) | In Schedule A1, in paragraphs 2(2)(h), 3(2)(e) and 4(h), the words “and Wales”. |
| House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 3, in the entry relating to any member of the Audit Commission in receipt of remuneration, the words “and Wales”. |
| Race Relations Act 1976 (c. 74) | In Schedule 1A, in Part 2, in the entry relating to the Audit Commission, the words “and Wales”. |
| Housing Associations Act 1985 (c. 69) | In section 75(1A), the words “and Wales”. |
| Airports Act 1986 (c. 31) | In section 22(5)(b), the words “and Wales”. |
| Education Reform Act 1988 (c. 40) | In section 124B(5), the words “and Wales”. |
| Local Government Finance Act 1988 (c. 41) | In Schedule 8, in paragraph 5(6)(c)(i), the words “and Wales”. |
| Social Security Administration Act 1992 (c. 5) | In section 123(8)(ja), the words “and Wales”. |
| Charities Act 1993 (c. 10) | In section 43A(7), in the definition of “Audit Commission”, the words “and Wales”. |
| Police Act 1996 (c. 16) | In Schedule 4A, in paragraphs 2(2)(h), 3(2)(e) and 4(h), the words “and Wales”. |
| Audit Commission Act 1998 (c. 18) | In section 1(1), the words “and Wales”. In section 53(1), in the definition of “the Commission”, the words “and Wales”. In Schedule 4, paragraph 8. |
| School Standards and Framework Act 1998 (c. 31) | In section 53(1), the words “and Wales”. |
| Local Government Act 1999 (c. 27) | In section 22(1), the words “and Wales”. |
| Greater London Authority Act 1999 (c. 29) | In section 125(2)(b), the words “and Wales”. |
| Crown Prosecution Service Inspectorate Act 2000 (c. 10) | In the Schedule, in paragraphs 2(2)(h) and 4(h), the words “and Wales”. |
| Local Government Act 2000 (c. 22) | In section 83(1), in the definition of “the Audit Commission”, the words “and Wales”. |
| Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 6, in the entry relating to the Audit Commission, the words “and Wales”. |
| Criminal Justice and Court Services Act 2000 (c. 43) | In Schedule 1A, in paragraphs 2(2)(h), 3(2)(e) and 4(h), the words “and Wales”. |
| Local Government Act 2003 (c. 26) | In section 99(7), in the definition of “the Audit Commission”, the words “and Wales”. In section 110(4), the words “and Wales”. |
| Courts Act 2003 (c. 39) | In Schedule 3A, in paragraphs 2(2)(h), 3(2)(a) and 4(h), the words “and Wales”. |
| Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In section 148, in the definition of “Audit Commission”, the words “and Wales”. |
| Public Audit (Wales) Act 2004 (c. 23) | In section 71, in the definition of “the Audit Commission”, the words “and Wales”. |
| Children Act 2004 (c. 31) | In section 20(4)(e), the words “and Wales”. |
| Education and Inspections Act 2006 (c. 40) | In Schedule 13, in paragraph 1(2)(h), the words “and Wales”. |
| National Health Service Act 2006 (c. 41) | In Schedule 7, in paragraph 23(7), the words “and Wales”. In Schedule 15, in paragraph 4(4), the words “and Wales”. |
| Short title and chapter | Extent of repeal |
|---|---|
| Audit Commission Act 1998 (c. 18) | Section 37. In Schedule 1, paragraph 8(2)(a). |
| Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In Schedule 9, paragraph 12(9). |
| Education and Inspections Act 2006 (c. 40) | In Schedule 14, paragraph 29. |
| Police and Justice Act 2006 (c. 48) | In Schedule 14, paragraph 35. |
| Short title and chapter | Extent of repeal |
|---|---|
| Town and Country Planning Act 1990 (c. 8) | In section 2(6B)(a), the words “, 44 to 47”. |
| Audit Commission Act 1998 (c. 18) | In section 5(1), paragraph (f) and the word “and” immediately preceding it. Section 33(2). In section 33(6)— (a)
the words “, other than a study within paragraph (a) or (b) of subsection (2),”; (b)
in paragraph (c), the words “the Secretary of State,”; (c)
the word “and” immediately preceding paragraph (e). Sections 35 and 35A. In section 40(1), the words “(other than registered social landlords in Wales)”. Section 41A(1A). Section 42. Sections 44 to 47. In Schedule 1, paragraph 8(2)(d). |
| Government of Wales Act 1998 (c. 38) | In Schedule 16, paragraphs 101 and 102. |
| Greater London Authority Act 1999 (c. 29) | In Schedule 8, paragraphs 9 and 10. |
| Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In Schedule 9, paragraph 12(8). |
| Public Audit (Wales) Act 2004 (c. 23) | In section 70— (a)
in subsection (3), “or 35”; (b)
in subsection (4), “or, as the case may be, 35”. In Schedule 2, paragraphs 27(2)(b), 29(2) and 31. |
| Short title and chapter | Extent of repeal |
|---|---|
| Audit Commission Act 1998 (c. 18) | Section 49(1A). In section 49(3)(a), the words “to imprisonment for a term not exceeding six months or” and the words “or to both; or”. Section 49(3)(b). Section 49A. |
| Short title and chapter | Extent of repeal |
|---|---|
| Public Audit (Wales) Act 2004 (c. 23) | Section 54(2A). In section 54(4)(a), the words “to imprisonment for a term not exceeding six months or” and the words “or to both;”. Section 54(4)(b). Section 54A. |
| Short title and chapter | Extent of repeal |
|---|---|
| Parliamentary Commissioner Act 1967 (c. 13) | In section 11ZAA(5), the words “of a complaint”. |
| Local Government Act 1974 (c. 7) | In section 23— (a)
in subsection (4), the words from “after consultation” to the end; (b)
in subsection (6), the words from “, and shall in any case vacate office” to the end. Section 23A(4) and (5). In section 25— (a)
in subsection (4A), paragraphs (b) and (c); (b)
subsection (4B). In section 26— (a)
subsections (2) to (4); (b)
subsection (10); (c)
subsection (11)(b) (together with the word “and” immediately preceding it); (d)
subsections (12) and (13). Section 27(2). In section 28(3), the words following paragraph (b). In section 29(6), the words “with the approval of the Minister for the Civil Service”. In section 31A— (a)
subsection (5A); (b)
subsection (6); (c)
in subsection (7), the words “Where the authority concerned is the Greater London Authority,”. In section 33ZA(4), the words “of a complaint”. In section 34(1), in the definition of “member”, paragraphs (b) and (c). In Schedule 4— (a)
in paragraph 1(1)(b), the words “or is a member (by co-option) of a committee of any of those authorities”; (b)
in paragraph 3(1), the words “, with the approval of the Minister for the Civil Service,”; (c)
in paragraph 3(2), the words “, with the consent of the Minister for the Civil Service,”; (d)
paragraph 4(5) and (6). |
| Local Government Act 1988 (c. 9) | In Schedule 3, paragraph 5(2), (3), (6) and (7). |
| Local Government and Housing Act 1989 (c. 42) | In section 5(2)(b), the words “Part III of the Local Government Act 1974 (Local Commissioners) or”. Section 24(1). In Schedule 11, paragraph 37. |
| Health Service Commissioners Act 1993 (c. 46) | In section 18ZA(4), the words “of a complaint”. |
| Environment Act 1995 (c. 25) | In Schedule 7, paragraph 18(3). |
| Greater London Authority Act 1999 (c. 29) | In Schedule 18, paragraph 16(3). |
| Local Government Act 2003 (c. 26) | In Schedule 7, paragraph 5(2) and (4). |
| Public Services Ombudsman (Wales) Act 2005 (c. 10) | In Schedule 6— (a)
paragraph 9(5); (b)
paragraph 13(2), (3) and (4); (c)
paragraph 18(11). |
Local Government and Public Involvement in Health Act 2007