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Local Government and Elections (Wales) Act 2021

Section 29  and Part 1 of Schedule 3 – Amendments relating to Chapter 1 of Part 2: the general power

186.Schedule 3 provides for consequential amendments in relation to the general power of competence (also see the notes in respect of section 37).

187.The Schedule is divided into two parts to accommodate a phased commencement of the general power of competence. This phased commencement recognises the need to make regulations specifying a qualified clerk and also to prepare and issue guidance under Chapter 2.

188.Part 1 makes provision related to the creation of the general power in its application to principal councils whilst Part 2 makes provision in relation to the application of the general power to eligible community councils.

189.Part 1 of Schedule 3 makes amendments to this Act and other legislation relating to this Chapter, including removing the well-being power for principal councils.

190.Generally speaking, the amendments in this Part of the Schedule relate to the creation of the general power of competence for:

  • all qualifying local authorities, or

  • in its application to principal councils

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