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Local Government (Wales) Measure 2009
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Local Government (Wales) Measure 2009, SCHEDULE 1 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 1:
- Sch. 1 para. 32 33 and cross-heading omitted by 2021 asc 1 s. 168(1)(g)(ii)
Changes and effects yet to be applied to the whole Measure associated Parts and Chapters:
- Measure repealed by 2021 asc 1 s. 170(1)
Whole provisions yet to be inserted into this Measure (including any effects on those provisions):
- Sch. para. 10 omitted by 2018 anaw 2 Sch. 1 para. 16
(introduced by section 51(1))
SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS: PART 1
This schedule has no associated Explanatory Notes
Local Government, Planning and Land Act 1980 (c. 65)W
1WAmend the Local Government, Planning and Land Act 1980 as follows.
Commencement Information
I1Sch. 1 para. 1 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
2WIn section 2, insert the following at the end of subsection (1)— “ or a Welsh improvement authority for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I2Sch. 1 para. 2 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Social Security Administration Act 1992 (c. 5)W
3WAmend the Social Security Administration Act 1992 as follows.
Commencement Information
I3Sch. 1 para. 3 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
4WIn section 139A(2)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I4Sch. 1 para. 4 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
5WIn section 139C(1)(b), insert the following at the end— “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I5Sch. 1 para. 5 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
6WIn section 139D(1), for paragraph (ca) substitute the following—
“(ca)a copy of a report has been sent to a local authority under section 22(3) of the Local Government (Wales) Measure 2009 and to the Secretary of State under section 22(5) of that Measure;”.
Commencement Information
I6Sch. 1 para. 6 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Audit Commission Act 1998 (c. 18)W
7WAmend the Audit Commission Act 1998 as follows.
Commencement Information
I7Sch. 1 para. 7 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
8WIn section 47A (reports relating to performance of English local authorities) omit subsection (5)(a).
Commencement Information
I8Sch. 1 para. 8 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Local Government Act 1999 (c. 27)W
9WAmend the Local Government Act 1999 as follows.
Commencement Information
I9Sch. 1 para. 9 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
10WIn section 1 (best value authorities) omit subsections (1)(k), (6) and (7).
Commencement Information
I10Sch. 1 para. 10 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
11WIn section 2 (power to extend or disapply: Secretary of State) omit subsection (5A).
Commencement Information
I11Sch. 1 para. 11 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
12WIn section 3A (involvement of local representatives) omit subsection (3)(b).
Commencement Information
I12Sch. 1 para. 12 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
13WIn section 10 (inspections) omit subsection (5)(a).
Commencement Information
I13Sch. 1 para. 13 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
14WIn section 10A (inspections: Auditor General for Wales) omit subsections (1)(a) and (4)(a).
Commencement Information
I14Sch. 1 para. 14 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
15WIn section 13A (reports of inspections under section 10A) omit subsection (5).
Commencement Information
I15Sch. 1 para. 15 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
16WIn section 15 (Secretary of State's powers) omit subsection (2)(aa).
Commencement Information
I16Sch. 1 para. 16 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
17WIn section 16 (power of Secretary of State to modify enactments and confer new powers) omit subsection (6)(b).
Commencement Information
I17Sch. 1 para. 17 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
18WIn section 19(5) (contracts: exclusion of non-commercial considerations), insert the following after paragraph (a)—
“(aa)a Welsh improvement authority for the purposes of the Local Government (Wales) Measure 2009,”.
Commencement Information
I18Sch. 1 para. 18 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
19WIn section 23(4)(za) (accounts) omit the words “Welsh best value authorities or”.
Commencement Information
I19Sch. 1 para. 19 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
20WIn section 25(2) (coordination of inspections etc) omit paragraph (d).
Commencement Information
I20Sch. 1 para. 20 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
21WIn section 28(2) (orders and regulations) omit “6, 7”.
Commencement Information
I21Sch. 1 para. 21 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
22WIn section 29 (modifications for Wales)—
(a)in subsection (1A) omit “3, 10A, 12A, 13A, 15,” and “23, 25 and 26”;
(b)omit subsections (2A), (4) and (6).
Commencement Information
I22Sch. 1 para. 22 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Local Government Act 2003 (c. 26)W
23WAmend the Local Government Act 2003 as follows.
Commencement Information
I23Sch. 1 para. 23 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
24WIn section 36(1) (grants in connection with designation for service excellence), after “(best value duty)” insert “ or to a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I24Sch. 1 para. 24 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
25WIn section 36A (grants by Ministers of the Crown in respect of best value authorities etc)—
(a)in subsection (1) after “best value authorities” insert “ or a Welsh improvement authority or Welsh improvement authorities ”;
(b)in subsection (2)(b) for the words “Welsh best value authority” substitute “ Welsh improvement authority ”;
(c)in subsection (3) insert at the end “ or a Welsh improvement authority ”;
(d)in subsection (7) for the words “Welsh best value authority” to the end of the subsection substitute—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
Commencement Information
I25Sch. 1 para. 25 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
26WIn section 36B (grants by Welsh Ministers in respect of Welsh best value authorities)—
(a)in subsection (1) from the words “the economic” to the end of the subsection substitute “ compliance by a Welsh improvement authority or Welsh improvement authorities with the requirements of Part 1 of the Local Government (Wales) Measure 2009 ”;
(b)in subsection (2) after “best value authority” insert “ or Welsh improvement authority ”;
(c)in subsection (6) for the words “Welsh best value authority” to the end of the subsection substitute—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
Commencement Information
I26Sch. 1 para. 26 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
F127W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 27 omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 168(1)(g)(i), 175(3)(t)
28WIn section 95(7) (power to trade in function-related activities through a company), in the definition of “relevant authority” after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
Commencement Information
I27Sch. 1 para. 28 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
29WIn section 97(11) (power to modify enactments in connection with charging or trading), in the definition of “relevant authority” after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
Commencement Information
I28Sch. 1 para. 29 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
30WIn section 101 (staff transfer matters: general)—
(a)after subsection (5) insert—
“(5A)The duties under Part 1 of the Local Government (Wales) Measure 2009 (local government improvement) have effect subject to subsections (1) and (3).”;
(b)in subsection (7A) after paragraph (a) insert—
“(aa)a Welsh improvement authority;”.
Commencement Information
I29Sch. 1 para. 30 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
31WIn section 124 (general interpretation) after the definition of “valuation tribunal” insert—
““Welsh improvement authority” means an authority which is a Welsh improvement authority within the meaning of section 1 of the Local Government (Wales) Measure 2009.”.
Commencement Information
I30Sch. 1 para. 31 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Fire and Rescue Services Act 2004 (c. 21)W
32WAmend section 24 of the Fire and Rescue Services Act 2004 (best value) as follows.
Commencement Information
I31Sch. 1 para. 32 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
33WAfter subsection (2) insert the following—
“(3)Subsection (1) does not apply to a fire and rescue authority in Wales.
(4)Sections 21, 22, 26 and 27 of the Local Government (Wales) Measure 2009 apply in relation to a fire and rescue authority in Wales' compliance with section 21(7) as they apply in relation to a Welsh improvement authority's compliance with the requirements of Part 1 of that Measure.
(5)As applied by subsection (4), those sections have effect as if—
(a)in section 21(1), paragraphs (a) and (b) and the word “if” preceding paragraph (a) were omitted;
(b)sections 21(2)(b), (3), (5), (8) and (10) and 22(4) were omitted;
(c)in section 22(1), for the words “a special inspection” there were substituted “ an inspection under section 21 ”;
(d)in section 22(2)(b), for the words “do either or both of the following” to the end there were substituted “ make an order under section 22 of the Fire and Rescue Services Act 2004 ”;
(e)in section 26(11), the words “or an inspection under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end;
(f)in section 27(1), the words “or inspections under section 21 as applied by section 24(4) of the Fire and Rescue Services Act 2004” were inserted at the end.”.
Commencement Information
I32Sch. 1 para. 33 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
Public Audit (Wales) Act 2004 (c. 23)W
34WAmend the Public Audit (Wales) Act 2004 as follows.
Commencement Information
I33Sch. 1 para. 34 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
35WIn section 41(1) (studies for improving economy etc in services) at the end of paragraph (a) insert— “ or Welsh improvement authorities for the purposes of Part 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I34Sch. 1 para. 35 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
36WIn section 54 (restriction on disclosure of information)—
(a)in subsection (1)(a) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”;
(b)in subsection (1)(b)—
(i)after the word “study” insert “ assessment ”;
(ii)at the end insert . “ or Part 1 of the Local Government (Wales) Measure 2009 ”
(c)in subsection (2)(b) after the words “the Local Government Act 1999 (c. 27)” insert “ or Part 1 of the Local Government (Wales) Measure 2009 ”.
Commencement Information
I35Sch. 1 para. 36 in force at 1.4.2010 by S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)
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