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The Local Government in Scotland Act 2003
Power to Advance Well-Being Guidance
CHAPTER 4: ADDITIONAL INFORMATION
Repeals, potential repeals and modification of enactments
4.1 A power designed to encourage innovation has the potential to be used in new and unforeseen ways. The Scottish Executive acknowledges that it is not possible to envisage every way in which local authorities might choose to exercise the power. There are a number of restrictions in legislation which limit the scope of specific functional powers granted to local authorities. The Scottish Executive accepts that such restrictions and limitations might unnecessarily limit the use of the new power. It is likely that such legislation will only be identified once local authorities start to use the power to develop innovative approaches to promoting and improving well-being.
4.2 Local authorities may therefore wish to be aware that the power under section 57 of the Act allows Scottish Ministers to seek to amend, repeal or revoke or disapply any enactment that prevents or hinders use of the power. This provides a means by which the Scottish Executive and Scottish Parliament can consider legislation identified as hindering the use of the power of well-being and, if appropriate, take action without needing to wait for an opportunity through primary legislation. Local authorities are best placed to identify such limitations and restrictions as they begin to use the new power and the Scottish Executive would encourage local authorities to bring them to its attention.
4.3 Similarly, the Act empowers Ministers to amend, repeal, revoke or disapply any enactment which requires local authorities to prepare, produce or publish any plan or strategy. This measure provides an opportunity to reduce unnecessary bureaucracy as the Community Planning process develops and local authorities start to use the power to advance well-being.
4.4 The powers mentioned in paragraphs 4.2 and 4.3 may be exercised in relation to all local authorities; a class or classes of local authority; or a particular local authority or particular local authorities and includes power to amend or disapply an enactment for a particular period. An order under this section will be made by statutory instrument.
4.5 Section 60(1) repeals section 83 (all subsections but section 83(3)) and 171A, 171B and 171C of the Local Government (Scotland) Act 1973. Section 83 (general power of local authorities to incur expenditure) is incompatible with the provisions in this Act. Section 171A (promotion by local authorities of economic development of its area) is made redundant by the broader application of its former powers in this Act.
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