NFHiB Law & Legislation

Local Government Act 2000

Local Government Act 2000 (Extracts)

KEY AREAS:

Meaning of "local authority" in Part I
Promotion of well-being
Limits on power to promote well-being
Strategies for promoting well-being

Part 1

Promotion of Economic, Social or Environmental well-being etc

Interpretation

Meaning of "local authority" in Part I.

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.

2. - (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).

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 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).

Strategies for promoting well-being.

4. - (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.

Neighbours from Hell in Britain offer this legislative and law advice without any implied guarantee or reliability or accuracy. You should always consult a trained legal professional in the use, information and application of UK Government Legislative Acts or any information contained within these pages.

NFHiB does not accept any liability whatsoever for the use of or interpretation of this presented information and all further enquiries as to it's content should be directed to www.hmso.gov.uk © HMSO: Reproduced with permission from HMSO (2002).

Choose your legislation from the list below (currently 14 acts of legislation listed):