Applying the Sustainable Communities Act to Wales

Current situation

The Sustainable Communities Act became law in October 2007. In October 2008 it will come into full effect when central government in Westminster invite all principle councils in England to use the new process the Act sets up. So currently the Act applies to England only. However it is possible for the Act to be applied to Wales.

How the Sustainable Communities Act works

The Act sets up a â€˜double devolutionâ€™ process. That means that:

1. The Act gives the government a legal duty to â€˜assist local authorities in promoting the sustainability of local communitiesâ€™. Councils will be invited to make suggestions to the Secretary of State (SoS) â€“ i.e. the government â€“ as to how it can help them promote the sustainability of local communities. So it is councils, not the government, that is in the driving seat as to what the government must do. Also, central government must publish local spending reports, detailing all public money spent in the local area. Councils can then argue for the transfer of specific monies and their related functions from central to local control.

2. The Act specifies that councils cannot make its suggestions to the SoS without involving â€˜local people.â€™ The way this is done is also specified: councils must set up (or recognise if they already exist) â€˜panels of representatives of local peopleâ€™ â€“ which must include people from usually under-represented groups: ethnic minorities, young people, older people, tenants etc.

Some things the Act could help communities achieve

The Sustainable Communities Act could be used to help communities and councils achieve the following:

Keeping essential community services like Post Offices open.
Increasing the number of small businesses that receive rate relief by increasing the maximum eligible rateable value, this would help them compete with large out town superstores.
Force large out of town superstores to pay local domestic rates on their huge car parks.
Promoting local renewable energy, e.g. by removing the restrictive barriers relating to the local grid.
Allocating a percentage of current funding for Food Standards Agency, Food from Britain etc to local initiatives promoting local food.
Giving Local Authorities the power to grant rate relief to local retail businesses that earn over 50% of their turnover from selling local food and goods.

Making the Sustainable Communities Act apply to Wales

If the Act is fully applied to Wales then communities and their local authorities will be able to request help from the Welsh Assembly Government in promoting sustainable communities on devolved matters. On non devolved matters, e.g. the police, welsh communities and councils will be able to request help from government in Westminster in relation to promoting sustainable communities.

Also full application of the Act to Wales will mean the Welsh Assembly Government will have to publish a local breakdown of all public money spent with regards to devolved matters and the UK government in Westminster will have to publish a similar breakdown with regards to central public monies spent in Wales on non devolved matters, e.g. the police. Welsh councils will then be able to look at both breakdowns and argue to the relevant body (i.e. the Welsh Assembly Government or the UK government in Westminster) for a transfer of public money and its related function from central to local control.

In order to make the Sustainable Communities Act apply to Wales the Welsh Assembly needs to apply to Westminster to be granted the powers in the Act. To do this the Welsh Assembly must submit something called a Legislative Competence Order to Westminster.

The best chance of this request succeeding is if all Welsh Assembly Members agree to support it. You can help make this happen! Soâ€¦

Action: please get involved

1. Please write to your Welsh Assembly Members asking them to â€œplease support the submission of a Legislative Competence Order to apply the powers in the Sustainable Communities Act to Walesâ€. You can find out who your Welsh Assembly Members are by going to www.assemblywales.org or calling the Assembly Information Line on 0845 010 5500.

2. Please sign up to Local Works by sending your contact details to the address or email below so that we can keep you informed of the progress we are making in applying the Act to Wales.