Section 6 Power to modify enactments concerning plans etc.I1

England and Wales

(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 F1so far as that enactment has effect in relation to a local authority in England.

(2)

The power under subsection (1) may be exercised in relation to—

(a)

all local authorities F2in England,

(b)

particular local authorities F3in England, or

(c)

particular descriptions of local authority F4in England.

(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.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Annotations

Textual amendments

F1: Words in s. 6(1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(a), 245(2)
F2: Words in s. 6(2)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)
F3: Words in s. 6(2)(b) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)
F4: Words in s. 6(2)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(c), 245(2)
F5: S. 6(5) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5
F6: S. 6(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5

Commencement

I1: S. 6 wholly in force at 9.4.2001; s. 6 not in force at Royal Assent see s. 108(4); s. 6 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 6(6) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 6(1)-(5)(7)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2