Local Government and Public Involvement in Health Bill

New clause 1 amends part 1 of the Local Government Act 2000, which concerns the promotion of social, economic or environmental well-being. The amendments are needed as a consequence of power being given to the National Assembly for Wales in schedule 14 to the Bill, which will enable the Assembly to make an Assembly Measure in relation to community strategies prepared under the 2000 Act. The amendment to section 5 of the 2000 Act will prevent the Secretary of State from using, without consent, an order-making power to amend, repeal, revoke or disapply certain enactments that relate to Wales if she believes they will obstruct the well-being powers in the 2000 Act. The Secretary of State will be able to amend an Assembly Measure only with the consent of the National Assembly, and Welsh subordinate legislation only with the consent of Welsh Ministers. Furthermore, the Secretary of State must not use the power under section 5(1) to make provision which has effect in Wales without first consulting Welsh Ministers. That reflects the formal separation of the National Assembly’s legislative and executive functions under the Government of Wales Act 2006. The amendment to section 6 of the 2000 Act will confine to England the Secretary of State’s power to amend, repeal, revoke or disapply any enactment that requires a local authority to prepare, produce or publish any plan or strategy. In doing so, the equivalent power in respect of Wales will be conferred on Welsh Ministers. The amendment will ensure consistency with the wider devolved responsibility for local government in Wales and with the powers that the Bill will confer on the National Assembly. It will also remove any inadvertent need for the Assembly to seek the consent of the Secretary of State when making legislation that substantively affects only devolved matters. As a result of the new clause, amendments Nos. 56 and 58 are needed to repeal sections 6(5), 6(6), 7(2) and 7(6) of the 2000 Act and to commence the amendments two months after the Bill is enacted. I commend the new clause and the amendments to the House.