38Meaning of “community planning partners”
(1)For the purposes of this Part, a local authority’s community planning partners are the following—
(a)a community council for a community any part of which falls within the local authority’s area;
(b)a Welsh fire and rescue authority constituted for an area any part of which falls within the local authority’s area;
(c)a Local Health Board established for an area any part of which falls within the local authority’s area;
(d)an NHS Trust which is specified in relation to the authority’s area by direction of the Welsh Ministers;
(e)a National Park authority any part of whose area falls within the local authority’s area;
(f)a police authority for a police area any part of which falls within the local authority’s area;
(g)the chief constable of the police force for a police area referred to in paragraph (f).
(2)Subject to subsections (3) and (4) the Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (1);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.
(3)The Welsh Ministers must not exercise their power under subsection (2)—
(a)so as to include, or provide for the inclusion of, a person within subsection (1) who does not have functions of a public nature;
(b)so as to include, or provide for the inclusion of, a person within that subsection unless they have consulted—
(i)where they propose to include a person, that person;
(ii)such representatives of local authorities in Wales as the Welsh Ministers consider appropriate;
(iii)such representatives of community planning partners as the Welsh Ministers consider appropriate.
(4)If the Welsh Ministers exercise their power under subsection (2) so as to include, or provide for the inclusion of, a person within subsection (1) who has functions of both a public and a private nature, they must include that person, or provide for that person’s inclusion, only in relation to those of its functions which are of a public nature.