Section 6 Guidance to local authorities

United Kingdom

F1(1)

It is a function of the Secretary of State to give guidance to—

(a)

one or more local authorities in England,

(b)

one or more local authorities in Wales, or

(c)

local authorities in England and Wales

as to how to exercise their relevant functions (other than functions relating to F2devolved Welsh matters).

(1A)

It is a function of the Welsh Ministers to give guidance to one or more local authorities in Wales as to how to exercise their relevant functions which relate to devolved Welsh matters.

(2)

Guidance under subsection (1) F3or (1A) —

F4(a)

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

(b)

may relate to any one or more relevant functions;

(c)

may relate to the exercise of one or more relevant functions in a particular case.

(3)

A local authority in England or Wales must have regard to any guidance given to it under this section.

(4)

Before giving guidance under this section in relation to any relevant function F5the person giving the guidance must consult—

(a)

the persons whose activities are regulated by the exercise of the function, or persons representative of such persons,

(b)

such local authorities in England and Wales, or such persons representative of local authorities in England and Wales, as the person giving the guidance considers appropriate, and

(c)

such other persons as the person giving the guidance considers appropriate.

F6(5)

The person giving guidance under this section must publish it in such manner as that person considers appropriate.

(6)

F7The person giving the guidance may vary or revoke any guidance given F8... under this section by further guidance under this section.

Annotations

Textual amendments

F1: S. 6(1)(1A) substituted for s. 6(1) (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(a) (with Sch. 2)
F2: Words in s. 6(1)(1A) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(b), 44(5); S.I. 2016/695, art. 3(c)
F3: Words in s. 6(2) inserted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(b) (with Sch. 2)
F4: S. 6(2)(a) repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(c) (with Sch. 2)
F5: Words in s. 6(4) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(c) (with Sch. 2)
F6: S. 6(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(d) (with Sch. 2)
F7: Words in s. 6(6) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(e) (with Sch. 2)
F8: Words in s. 6(6) repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(d) (with Sch. 2)

Notes on Part 1

Modifications

C1: Pt. 1: transfer of functions (1.4.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 2, 4(1)(a), Sch. 1 (with Sch. 2)