Chwilio Deddfwriaeth

Chwiliad Uwch

Local Government Act 1972

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Part IE Local Government Areas and Authorities in England

Extent Information

E1Part I (ss. 1-19) extends to England only: see s. 19

New local government areasE

1 New local government areas in England.E

(1)For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2)The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

(3)The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4)The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5)Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6)Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7)The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8)Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9)The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the M1Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10)On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11)On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12)In this section “England” does not include the administrative county of Monmouthshire or the county borough of Newport.

Marginal Citations

Principal councilsE

2 Constitution of principal councils in England.E

(1)For every [F1non-metropolitan] county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2)For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

[F2(2A)Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.]

(3)Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name “The County Council” or “The District Council”, as the case may be, with the addition of the name of the particular county or district.

Textual Amendments

Modifications etc. (not altering text)

C1S. 2(1) excluded (1.4.1996) by S.I. 1995/493, arts. 1, 6(2)

S. 2(1) excluded (1.4.1996) by S.I. 1995/610, arts. 1, 4(2)

S. 2(1) excluded (1.4.1996) by S.I. 1995/1747, arts. 1(2), 3(2)-(6)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1769, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1770, arts. 1, 5(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1771, arts. 1, 8(4)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1772, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1773, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1774, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1775, arts. 1, 8(4)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1776, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1779, arts. 1, 3(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1863, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1865, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1866, arts. 1, 6(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1867, arts. 1, 5(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1868, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1875, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1876, arts. 1, 5(3)

S. 2(1) applied (with modifications) (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1867, art. 20

C2S. 2(2) applied (with modifications) (temp. from 8.5.1995 to 31.3.1996) by S.I. 1995/493, art. 18(a)

S. 2(2) applied (with modifications) (temp. from 8.5.1995 to 31.3.1996) by S.I. 1995/610, art. 15(a)

S. 2(2) applied (with modifications) (temp. from 6.5.1996 to 31.3.1997) by S.I. 1995/1770, art. 16(a)

S. 2(2) applied (with modifications) (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1867, art. 20

S. 2(2) applied (with modifications)(temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1876, art. 13(a)

Members of principal councilsE

3 Chairman.E

(1)The chairman of a principal council shall be elected annually by the council from among the councillors.

[F3(1A)A member of the executive of a principal council may not be elected as the chairman of the council.]

(2)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3)During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4)The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty’s royal prerogative.

[F4(4A)Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.]

(5)A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Textual Amendments

4 Election of chairman.E

(1)The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2)If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

5 Vice-chairman.E

(1)A principal council shall appoint a member of the council to be vice-chairman of the council.

[F5(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.]

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4)A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Textual Amendments

Modifications etc. (not altering text)

6 Term of office and retirement of councillors.E

(1)Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F6Representation of the People Act 1983].

(2)For the purposes of the election of councillors—

(a)every [F7non-metropolitan] county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this Act [F8and subject to sections 14(8) and 17(7) of the Local Government Act 1992]) one councillor;

(b)every metropolitan district shall be divided into wards, each returning a number of councillors which is divisible by three; and

(c)every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided [F9as mentioned in subsection (3) below];

and there shall be a separate election for each electoral division or ward.

[F10(3)The number of councillors referred to in subsection (2)(c) above may be provided—

(a)by an order under paragraph 3 of Schedule 3 to this Act;

(b)under or by virtue of the provisions of section 7 below;

(c)by an order under Part II of the Local Government Act 1992; or

(d)by an order under section 14 of the Local Government and Rating Act 1997.]

Textual Amendments

F8Words in s. 6(2)(a) inserted (28.9.2000) by 2000 c. 22, ss. 89(4), 108(2)(a)

F9Words in s. 6(2)(c) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 5(a)

Modifications etc. (not altering text)

C5S. 6(2)(a) excluded (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 12(4), 245; S.I. 2007/3136, art. 2(a) (subject to art. 3)

7 Elections of councillors.E

(1)The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2)The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than [F111977 and every fourth year thereafter].

(3)Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4)Subject to subsection (5) below, a non-metropolitan district council may in pursuance of the requisite resolution request the Secretary of State to provide—

(a)for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of the district simultaneously; or

(b)for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection “the requisite resolution” means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(5)A resolution may not be passed under subsection (4) above within ten years of a previous resolution thereunder.

(6)Where the Secretary of State receives a request under subsection (4)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (4)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under [F12section 17 of the Local Government Act 1992].

(7)[F13Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may [F14direct the Local Government Commission for England to conduct a review and make recommendations] in the light of the request with respect to—

(a)the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b)the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

[F15and the provisions of Part II of the Local Government Act 1992 shall apply accordingly].]

(8)The ordinary elections of non-metropolitan district councillors shall take place—

(a)except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b)where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9)The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a)their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b)except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c)where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Textual Amendments

Modifications etc. (not altering text)

C6S. 7 excluded (12.4.1994) by S.I. 1994/867, reg. 6(3)

8 Constitution and membership of Greater London Council and London borough councils.E

(1)Sections 2 to 7 above shall not apply to F16. . . London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

(2)The Secretary of State may by order make such modifications of sub-paragraphs (2) and (3) of paragraph 6 of Schedule 2 to this Act as appear to him to be appropriate for all or any of the following purposes—

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to secure that ordinary elections of London borough councillors are held in years in which ordinary elections of metropolitan district councillors are held, and

(c)to secure that provisions corresponding to section 7(3) above apply to the retirement of London borough councillors.

(3)No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

ParishesE

9 Parish meetings and councils.E

(1)For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to any order under [F20section 10 or 11 below [F21Part II of the Local Government Act 1992 or section 14 of the Local Government and Rating Act 1997,]], there shall be a separate parish council for—

(a)every parish which immediately before the passing of this Act was a borough included in a rural district;

(b)every parish which immediately before the passing of this Act was co-extensive with a rural district;

(c)every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;

(d)every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e)every parish constituted under Part V of Schedule 1 to this Act.

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order shall not be made under [F23section 16 of the Local Government and Rating Act 1997] establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under [F24section 16 of the Act of 1997] shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

Textual Amendments

F18S. 9(2) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F19S. 9(3) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(a))

F20Words in s. 9(4) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 8; S.I. 1992/2371, art. 2

F21Words in s. 9(4) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(3)

F22S. 9(5) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F23Words in s. 9(6) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(4)(a)

F24Words in s. 9(6) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(4)(b)

Modifications etc. (not altering text)

C7S. 9 excluded by S.I. 1979/1123, art. 4(2)

10 Power to dissolve parish councils in small parishes.E

(1)Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council for the dissolution of the parish council, and thereupon the district council may by order dissolve the parish council.

(2)Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

Modifications etc. (not altering text)

C8S. 10: functions of local authority not to be responsibility of an executive of the authority (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

S. 10 excluded (7.8.2000 for specified purposes otherwise 26.10.2000) by 2000 c. 22, ss. 11(10), 108(4); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b)

11 Orders for grouping parishes, dissolving groups and separating parishes from groups.E

(1)The parish meeting of a parish may apply to the district council for an order grouping the parish with some neighbouring parish or parishes in the same district under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2)Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3)A grouping order shall make the necessary provision—

(a)for the name of the group;

(b)for the election in accordance with this Act and Part I of the [F25Representation of the People Act 1983] of separate representatives on the parish council for each parish or for the wards of any parish or, in the case of an order which adds a parish to the group, for that parish or for the wards of that parish;

(c)for the application to the parishes included in the group of all or any of the provisions of [F26section 79 of the Charities Act 1993](parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;

(d)for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

(4)The district council may on the application of the council of a group of parishes or of the parish meeting of any parish included in a group of parishes make an order dissolving the group or separating one or more of those parishes from the group, and an order so made shall make such provision as appears to the district council to be necessary for the election of a parish council for any of the parishes in the group, where it is dissolved, and for any of the parishes separated from the group, where it is not.

(5)Parishes grouped under a common parish council before 1st April 1974 and situated in different districts on and after that date shall, notwithstanding that they are so situated, continue to be grouped under that council—

(a)unless an order is made under F27. . . subsection (4) above or [F28Part II of the Local Government Act 1992][F29or section 16 of the Local Government and Rating Act 1997] dissolving the group; or

(b)except so far as such an order separates one or more of the parishes from the group;

and any order under [F30subsection (4) above or section 16 of the Local Government and Rating Act 1997] in relation to any parishes so situated shall be made by the district councils concerned acting jointly.

Textual Amendments

F26Words in s. 11(3)(c) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 12(2)

F27Words in s. 11(5) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(a) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F28Words in s. 11(5)(a) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 9; S.I. 1992/2371, art. 2

F29Words in s. 11(5)(a) inserted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(b)

F30Words in s. 11(5) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(c)

Modifications etc. (not altering text)

C9S. 11 excluded by S.I. 1979/1123, art. 4(2)

S. 11: functions of local authority not to be responsibility of an executive of the authority (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Yn ddilys o 13/02/2008

[F3111AGrouping: alternative stylesE

(1)An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2)But the order must make that provision in either of these cases—

(a)if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b)if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3)The provision referred to in subsections (1) and (2) is—

(a)provision that each of the parishes in the group shall have an alternative style, or

(b)provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4)Provision made by virtue of subsection (3)(a)—

(a)must provide for each of the parishes to have the same alternative style;

(b)may provide for each of the parishes to have an alternative style which any of them already has;

(c)has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a)the parishes in the group do not have an alternative style, and

(b)at least one of the parishes which is to be added has an alternative style.

(6)The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a)the parishes in the group have an alternative style, and

(b)at least one of the parishes which is to be added—

(i)has a different alternative style, or

(ii)does not have any of the alternative styles.

(8)The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9)If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(10)As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council or county council within whose area the parish lies.]

Textual Amendments

F31Ss. 11A, 11B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(2), 245(5); S.I. 2008/337, art. 2(a)

Yn ddilys o 13/02/2008

[F3111BDe-grouping: alternative stylesE

(1)This section applies if—

(a)the parishes in a group of parishes have an alternative style, and

(b)an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2)The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3)In subsection (2) “de-grouped parish” means—

(a)in the case of dissolution of the group, each parish in the group;

(b)in the case of separation of one or more parishes from the group, each parish that is separated.]

Textual Amendments

F31Ss. 11A, 11B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(2), 245(5); S.I. 2008/337, art. 2(a)

12 Provision supplementary to sections 9 to 11.E

(1)An order made by a district council or district councils under section F32. . . 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2)When any such order is made, [F33section 20 of the Local Government Act 1992 shall apply as if the order were made under Part II of that Act].

(3)Two copies of every such order shall be sent to the Secretary of State.

Textual Amendments

F32Word in s. 12(1) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 8 (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F33Words in s. 12(2) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 10; S.I. 1992/2371, art. 2

Yn ddilys o 13/02/2008

[F3412AParishes: alternative stylesE

(1)This section applies to a parish which is not grouped with any other parish.

(2)The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3)If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4)A single resolution may provide for a parish—

(a)to cease to have an alternative style, and

(b)to have another of the alternative styles instead.

(5)As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the parish lies.

(6)In this section “appropriate parish authority” means—

(a)the parish council, or

(b)if the parish does not have a parish council, the parish meeting.]

Textual Amendments

F34Ss. 12A, 12B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(3), 245(5); S.I. 2008/337, art. 2(a)

Yn ddilys o 13/02/2008

[F3412BGroups of parishes: alternative stylesE

(1)This section applies to a group of parishes.

(2)The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3)If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4)A single resolution may provide for each of the grouped parishes—

(a)to cease to have an alternative style, and

(b)to have the same one of the other alternative styles instead.

(5)If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(6)As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the group lies.]

Textual Amendments

F34Ss. 12A, 12B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(3), 245(5); S.I. 2008/337, art. 2(a)

13 Constitution of parish meeting, etc.E

(1)The parish meeting of a parish shall consist of the local government electors for the parish.

(2)Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3)In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of “the Parish Trustees” with the addition of the name of the parish.

(4)The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5)Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

14 Constitution and powers of parish council.E

(1)A parish council shall consist of the chairman and parish councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2)The parish council shall be a body corporate by the name “The Parish Council” with the addition of the name of the particular parish.

(3)Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

15 Chairman and vice-chairman of parish council or meeting.E

(1)The chairman of a parish council shall be elected annually by the council from among the councillors.

(2)The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5)A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6)The parish council may appoint a member of the council to be vice-chairman of the council.

(7)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8)During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

(9)Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(10)In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

16 Parish councillors.E

(1)The number of parish councillors for each parish [F35shall not be less than five.]

(2)Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the [F36Representation of the People Act 1983].

(3)Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(4)Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5)Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

Textual Amendments

F35Words in s. 16(1) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 9

Modifications etc. (not altering text)

C10S. 16(3): power to exclude and modify conferred (19.5.1997) by 1997 c. 29, ss. 23(7)(a), 34(2) (with s. 25)

S. 16(3) excluded (1.4.1999) by S.I. 1999/545, reg. 11(3)

Yn ddilys o 01/04/2008

[F3716AAppointed councillorsE

(1)A parish council may appoint persons to be councillors of the council.

(2)The Secretary of State may by regulations make provision about—

(a)the appointment of persons under this section;

(b)the holding of office after appointment under this section.

(3)The regulations may, in particular, make provision about any of the following matters—

(a)persons who may be appointed;

(b)the number of persons who may be appointed;

(c)the term of office of persons appointed;

(d)the right of persons appointed to participate in decision-making by the council (including voting);

(e)purposes for which a person appointed is to be treated as an elected councillor;

(f)the filling of vacancies.

(4)In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F37S. 16A inserted (1.4.2008 in so far as it confers powers to make regulations and otherwise prosp) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 76(4), 245(5); S.I. 2008/917, art. 4

F3817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

Textual Amendments

MiscellaneousE

Yn ddilys o 13/02/2008

[F3917AAlternative styles: supplementaryE

(1)This section applies for the purposes of sections 9 to 16A.

(2)“Alternative style” means one of the following styles—

(a)“community”;

(b)“neighbourhood”;

(c)“village”.

(3)References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—

(a)a relevant order, or

(b)a resolution under section 12A or 12B.

(4)The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.

(5)A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.

(6)A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).

(7)In this section “relevant order” means an order under—

(a)section 11 of this Act, or

(b)section 86 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F39S. 17A inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(8), 245; S.I. 2008/337, art. 2(a)

18 Establishment of new authorities in England.E

Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

19 Extent of Part I.E

This Part of this Act shall extend to England only.

Part IIW Local Government Areas and Authorities in Wales

Extent Information

E2Part II (ss. 20-38) extends to Wales only: see s. 38

New local government areasW

[F4020 New principal local government areas in Wales.W

(1)For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—

(a)the new principal areas; and

(b)the communities.

(2)The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.

(3)Each of the new principal areas shall have the name given to it in Schedule 4.

(4)The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.

(5)In this Act “principal area”, in relation to Wales, means a county or county borough.

(6)The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.

(7)The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.

(8)The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.

(9)The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.

(10)Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.]

Textual Amendments

F40S. 20 substituted (5.7.1994) by 1994 c. 19, ss. 1(1), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Principal councilsW

[F4121 Constitution of principal councils in Wales.W

(1)For every principal area in Wales there shall be a council consisting of a chairman and councillors.

[F42(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.]

(2)Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.

(3)Each council for a county in Wales shall have the name of the county with the addition—

(a)in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and

(b)in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).

(4)Each council for a county borough in Wales shall have the name of the county borough with the addition—

(a)in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b)in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

(5)In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.]

Textual Amendments

F41S. 21 substituted (20.3.1995) by 1994 c. 19, s. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.

F42S. 21(1A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 4(1)(2)

Members of principal councilsW

22 Chairman.W

(1)The chairman of a principal council shall be elected annually by the council from among the councillors.

[F43(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.]

(2)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3)During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

[F44(4)The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.]

[F45(4A)Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.]

(5)A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Textual Amendments

F45S. 22(4A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 5(1)(3)

23 Election of chairman.W

(1)The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2)If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Modifications etc. (not altering text)

C11S. 23 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

24 Vice-chairman.W

(1)A principal council shall appoint a member of the council to be a vice-chairman of the council.

[F46(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.]

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4)A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Textual Amendments

Modifications etc. (not altering text)

C12S. 24 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

25 Term of office and retirement of councillors.W

(1)Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F47Representation of the People Act 1983].

[F48(2)For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral divisions, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act.

(3)There shall be a separate election for each electoral division.]

Textual Amendments

[F4925A Title of chairman or vice-chairman of county borough council.W

(1)The chairman of a county borough council is entitled to the style of “mayor” or “maer”.

(2)The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.]

[F50(3)This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.]

Textual Amendments

F50S. 25A(3) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 7(1)(2)

[F5126 Elections of councillors.W

(1)The ordinary elections of councillors of the new principal councils shall take place in [F522004] and in every fourth year after [F522004].

(2)The term of office of every such councillor shall be four years.

(3)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.]

Textual Amendments

F52Words in s. 26(1) substituted (15.11.2001) by S.I. 2001/3540, art. 2(1)(3)

CommunitiesW

[F5327 Community meetings and continuation of community councils.W

(1)A meeting of the local government electors for a community (“a community meeting”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2)The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.

(3)Subsection (4) below applies where—

(a)the name of a community was given only in its English form or only in its Welsh form; but

(b)there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.

(4)The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.]

Textual Amendments

[F5428 Establishment or dissolution of community councils.W

(1)A community meeting of a community which does not have a separate community council may apply to the principal council within whose area it lies for an order establishing a council for the community.

(2)A community meeting of a community which has a separate community council may apply to the principal council within whose area it lies for an order dissolving the community council.

(3)If, on any application under this section, the principal council are satisfied that the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, they shall make the order applied for.

(4)An order under this section establishing a separate community council for a community shall make such provision as appears to the council making it to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the M2People Act 1983.

(5)An order under this section establishing a separate community council for a community grouped under a common community council shall not be made unless—

(a)the community is separated from the group, or

(b)the group is dissolved,

by the order, or by an order under section 29A below.

(6)Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council making it to be necessary for the alteration of the group’s community council.

(7)Subject to section 30 below, an application under subsection (1) or (2) above may be made at any time.

(8)This section is subject to section 29B below.]

Textual Amendments

Marginal Citations

[F5529 Community councils for groups of communities.W

(1)A community meeting of a community may apply to the principal council within whose area the community is situated—

(a)for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the applicant, under a common community council, or

(b)for an order adding the community to a group of communities—

(i)which are all in the area of the same principal council as the community; and

(ii)for which there is a common community council.

(2)If, on any application under this section, the principal council are satisfied that—

(a)the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b)in the case of an application under subsection (1)(b) above, that a community meeting of each of the communities in the group has consented to the applicant becoming a member of the group,

they shall make the order applied for.

(3)Subject to section 30 below, an application under subsection (1) above may be made at any time.

(4)An order under this section shall provide for the name of the group in both an English and a Welsh form.

(5)An order under this section shall—

(a)make such provision as appears to the council making it to be necessary for the election, in accordance with this Act and Part I of the Representation of the M3People Act 1983, of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to a group, for that community or for the wards of that community; and

(b)provide for the dissolution of the separate community council of any community included in the group.

(6)An order under this section shall make such provision as appears to the council making it to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the M4Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7)An order under this section may provide for any necessary adaptations of this Act in relation to the group of communities.

(8)This section is subject to section 29B below.]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

[F5629A Community councils for groups of communities: dissolution.W

(1)The council of a group of communities may apply to the principal council within whose area the communities lie for an order dissolving the group.

(2)A community meeting of a community included in a group of communities may apply to the principal council within whose area the community lies for an order separating the community from the group.

(3)If, on any application under this section, the principal council are satisfied that—

(a)the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b)in the case of an application under subsection (1) above, that a community meeting of each of the communities in the group has consented to the dissolution of the community council,

they shall make the order applied for.

(4)Where a community council are dissolved by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the M5People Act 1983.

(5)Where a community is separated from a group by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the M6People Act 1983.

(6)Subject to section 30 below, an application under subsection (1) above may be made at any time.

(7)This section is subject to section 29B below.]

Textual Amendments

Marginal Citations

[F5729B Community councils: applications under section 28, 29 or 29A.W

(1)An application under section 28, 29 or 29A above may be made only if—

(a)a poll of the local government electors in the community has been held;

(b)a majority of those voting in the poll supports the proposal; and

(c)in the case of an application under section 29(1)(a), the application is made jointly with the communities to be grouped under the common community council.

(2)In the case of an application under section 29A(1), paragraphs (a) and (b) of subsection (1) above apply in relation to each of the communities concerned.

(3)The consent required by section 29(2)(b) or 29A(3)(b) above may be given by a community meeting only if—

(a)a poll of the local government electors in the community has been held; and

(b)a majority of those voting in the poll supports the proposal.

(4)At any community meeting at which there is discussed a proposal—

(a)for the establishment, or for the dissolution, of a community council,

(b)for the grouping of the community with another community or communities (on an application under section 29(1)(a) or (b) above), under a common community council;

(c)for the separation of the community from the communities with which it is grouped under a common community council;

(d)for the dissolution of the common community council for the communities with which it is grouped;

(e)for the giving of the consent required by section 29(2)(b) or 29A(3)(b) above,

a decision to hold a poll on the question shall be effective only if not less than the required number of local government electors is present and voting.

(5)The required number of local government electors is such number as is equal to 30% of the local government electorate or, if that number exceeds 300, is 300.

(6)No poll shall be held for the purposes of this section before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

(8)Where the result of any poll (“the previous poll”) held for the purposes of this section is the rejection of the proposal with respect to which the poll was held, no further poll on that question shall be held before the end of the period of two years beginning with the date on which the previous poll was held.]

Textual Amendments

30 Restriction on community applications during and after reviews.W

(1)Subject to subsection (3) below, no community application shall be made in relation to any community—

F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)during the two years beginning with the coming into force of an order relating to the community under Part IV of this Act consequent on the report or proposals of [F59the Welsh Commission] on a review under that Part of this Act of [F60any area] of which the community forms part or, as the case may be, of the community; or

(c)during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may, on an application made by [F59the Welsh Commission] at any time when conducting a review under Part IV of this Act or on an application by a [F62principal] council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4)Notwithstanding anything in [F63subsection (1)] above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the [F64area] in which the community is situated or by the community council (if any) or a community meeting of the community.

(5)In this section “community application” means any application under section 28 [F65, 29 or 29A] above.

Textual Amendments

F59Words in s. 30(1)(b)(3) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 11; S.I. 1992/2371, art. 2

F60Words in s. 30(1)(b) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 4(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C14S. 30(3)(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(a), 163(2)(3)(d) (with s. 156(6))

31 Provision supplementary to sections 27 to 29.W

(1)An order made by a [F66principal] council under section [F6728, 29 or 29A] above may contain such incidental, consequential, transitional or supplementary provision as may appear to the [F66principal] council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2)Where any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3)Two copies of every such order shall be sent to the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C15S. 31 applied (5.7.1994) by 1994 c. 19, ss. 48(3), 66(2)(a) (with ss. 54(5)(7), 55(5))

C16S. 31(3): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(a), 163(2)(3)(d) (with s. 156(6))

32 Constitution of community meeting.W

(1)A community meeting of a community shall consist of local government electors for the community.

(2)A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3)Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

[F6833 Constitution and powers of community councils.W

(1)A community council shall be a body corporate consisting of the chairman and community councillors and shall have the functions given to them by this Act or otherwise.

(2)Each community council shall have the name of the community, with the addition—

(a)in English, of the words “Community Council” (as in “Dale Community Council” or “Llandrillo Community Council”); and

(b)in Welsh, of the words “Cyngor Cymuned” (as in “Cyngor Cymuned Dale” or “Cyngor Cymuned Llandrillo”).

(3)A community council need not have a common seal.

(4)Where a community council do not have a seal, any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.]

Textual Amendments

[F6933A Consultation with community councils.W

(1)The Secretary of State may by order designate any matter—

(a)for the purposes of subsection (2) below; or

(b)for the purposes of subsection (3) below.

(2)Where a new principal council are to consider any proposal which relates to a matter which is designated for the purposes of this subsection, the council shall—

(a)afford the relevant community councils an opportunity to make representations to them about the proposal;

(b)before making any decision in relation to the proposal, take into account any representations made to them by any relevant community council with respect to the proposal; and

(c)when they take a decision with respect to the proposal, notify without delay any relevant community council by whom any such representations have been made.

(3)If a community council have given written notice to the relevant principal council—

(a)that they wish to be consulted about a specified proposal which is to be considered by the principal council, and which relates to a matter designated for the purposes of this subsection, or

(b)that they wish to be consulted about any proposal which is to be considered by the principal council and which relates to such a matter,

the principal council shall take the steps mentioned in subsection (2) above in relation to that community council.

(4)An order under this section may—

(a)prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (2) and (3) above do not apply;

(b)give the Secretary of State power, in such circumstances as may be prescribed by the order, to provide that in relation to any principal council specified by him, those subsections shall not apply or shall apply only to the extent specified by him.

(5)A contravention of the duty imposed by subsection (2) or (3) above shall not affect the validity of any decision of a principal council or of anything done in pursuance of any such decision.

(6)In this section—

  • “relevant community council”, in relation to a principal council, means the council of any community which is, or group of communities which are, within the area of the principal council; and

  • “relevant principal council”, in relation to any community council, means the principal council within whose area the community is, or group of communities are, situated.

(7)The power to make an order under this section shall include power—

(a)to make such incidental, consequential, transitional or supplemental provision as the Secretary of State thinks necessary or expedient; and

(b)to make different provision for different areas, including different provision for different localities and for different authorities.]

Textual Amendments

34 Chairman and vice-chairman of community council.W

(1)The chairman of a community council shall be elected annually by the council from among the councillors.

(2)The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5)A community council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6)A community council may appoint a member of the council to be vice-chairman of the council.

(7)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8)During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

(9)Subject to any standing orders made by the community council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

35 Community councillors.W

(1)Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the [F70Representation of the People Act 1983].

[F71(2)There shall be ordinary elections of community councillors in [F722004] and in every fourth year thereafter.

(2A)The term of office of the community councillors shall be four years.

(2B)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.]

(3)Where a community is not divided into community wards there shall be one election of community councillors for the whole community.

(4)Where a community is divided into community wards there shall be a separate election of community councillors for each ward.

Textual Amendments

F71S. 35(2)(2A)(2B) substituted for s. 35(2) (3.4.1995) by 1994 c. 19, s. 15 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 3(1), Sch. 1

F72Word in s. 35 substituted (15.11.2001) by S.I. 2001/3540, art. 2(2)(3)

F7336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .W

Textual Amendments

MiscellaneousW

[F7437 Establishment of principal councils in Wales.W

Schedule 5 to this Act shall have effect with respect to the establishment of principal councils in Wales and connected matters.]

Textual Amendments

38 Extent of Part II.W

This Part of this Act shall extend to Wales only.

Part IIIE+W

F7539–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Part IVE+W Changes in Local Government Areas

Modifications etc. (not altering text)

C17Pt. IV (ss. 46–78) extended with modifications by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 19(5)(6), Sch. 9 para. 3(2)

Proposals by Local Government Boundary Commission for EnglandE+W

F7646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7747. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7848. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8050. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Proposals by Local Government Boundary Commission for WalesE+W

53 Local Government Boundary Commission for Wales.E+W

(1)There shall be a Local Government Boundary Commission for Wales (in this Act referred to as “the Welsh Commission”) who shall carry out the functions conferred on them by or under this Act.

(2)The provisions of Schedule 8 to this Act shall have effect with respect to the Welsh Commission.

54 Proposals for changes in local government areas in Wales.E+W

(1)Subject to subsection (2) below, the Welsh Commission may in consequence of a review conducted by them or a [F83 principal] council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a)the alteration of a local government area;

[F84(b)the constitution of a new local government area by—

(i)amalgamating two or more principal areas or two or more communities;

(ii)aggregating parts of principal areas or parts of communities; or

(iii)separating part of a principal area or part of a community;

(c)the abolition of a principal area and its distribution among other principal areas;

(cc)the abolition of a community and its distribution among other areas of the like description;]

(d)the constitution of a new community by—

(i)the establishment of any area which is not a community or part of one as a community;

(ii)the aggregation of the whole or any part of any such area with one or more communities or parts of communities;

(e)a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is [F85a change (hereafter in this Part referred to as a substantive change) which is independent of any change in local government areas so proposed][F86(f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas]

[F87(1A)The Welsh Commission may, in consequence of a review conducted by them under this Part of this Act make proposals to the Secretary of State for effecting changes in the area of a preserved county which appear to the Commission to be desirable having regard, in particular, to the purposes for which the preserved counties are retained.]

[F88(1B)Where the Welsh Commission make proposals for the constitution of a new principal area, those proposals shall specify whether the new area should be a county or a county borough.]

(2)The Welsh Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a community except in accordance with section 57(7) below.

Textual Amendments

Modifications etc. (not altering text)

C19S. 54: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

55 Review of local government areas in Wales.E+W

(1)It shall be the duty of the Welsh Commission to keep under review all [F89principal areas] in Wales for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority appearing to the Commission to be interested in any such [F90principal area] that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(2)[F91It shall be the duty of each Welsh principal council to keep the whole of their area] under review for the purpose of considering whether or not to make recommendations to the Welsh Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities [F92in their area] as are authorised by section 54 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any community council or community meeting appearing to [F93the principal council] to be interested, and [F93the principal council] shall from time to time report to the Commission accordingly.

(3)The Welsh Commission shall consider any report made under subsection (2) above with respect to [F94any principal area] in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in [F95that principal area or][F96the principal council] have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of [F97that principal area for] the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4)In any case where the Secretary of State has made an order under section 1 of the M7New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within [F98one principal area], he shall, as soon as practicable after the order has become operative, send to the Welsh Commission a notice stating that the order is in operation and specifying the [F99principal areas] within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission to review the areas of those [F99principal areas] for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5)If in conducting a review under this section the Commission or a [F100principal council] intend to make, or recommend the making of, proposals for a change in local government areas they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any of the following:—

(a)the constitution of a council for a community F101. . . or a group of such communities;

(b)the dissolution of a community council, whether separate or common;

(c)the separation of a community from a group of communities having a common community council;

(d)the addition of a community to a group of communities having a common community council;

(e)the making of provision for electoral arrangements for any community or group of communities which is consequential on any change proposed under the foregoing paragraphs;

[F102(f)the alteration of the boundaries of any preserved county;]

and subsections (1) to (3) above shall apply in relation to proposals for any of those matters and recommendations for such proposals as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Textual Amendments

Modifications etc. (not altering text)

C20S. 55: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

Marginal Citations

56 Power of Secretary of State to direct holding of reviews.E+W

[F103(1)The Secretary of State may direct the Welsh Commission to conduct a review of—

(a)Wales as a whole,

(b)any one or more local government areas or parts of such areas in Wales, or

(c)any one or more preserved counties or parts of such counties,

for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make; and the Commission shall, if they think fit, formulate such proposals accordingly.]

(2)The Secretary of State may, at the request of the Welsh Commission or otherwise, direct [F104a principal council] in Wales to conduct a review of the whole or any part of [F105their area] for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in [F105their area] as are authorised by section 54 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3)The Welsh Commission shall consider any report made under subsection (2) above with reference to [F106any principal area] in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in [F107that principal area] or [F108the principal council] have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of [F107that principal area] for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4)If a [F109principal] council fail within the period specified in a direction under subsection (2) above to submit a report to the Welsh Commission, the Secretary of State may direct the Welsh Commission to conduct the review which the [F109principal] council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5)If in conducting a review under this section the Commission or a [F110principal] council intend to make, or recommend the making of, proposals for a change in [F111any areas], they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any such matters as are mentioned in section 55(5) above, and subsections (1) to (3) of that section shall apply in relation to such proposals and recommendations as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Textual Amendments

Modifications etc. (not altering text)

C21S. 56: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

57 Substantive changes in electoral arrangements.E+W

(1)No review shall be conducted under section 55 or 56 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2)It shall be the duty of the Welsh Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for [F112principal areas] under [F113section 64 of this Act (as substituted by the Local Government (Wales) Act 1994)] and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3)Without prejudice to subsection (2) above, the Welsh Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4)It shall be the duty of [F114each principal council] in Wales to keep under review the electoral arrangements for the communities in [F115their area] for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make and the council shall consider any requests made with respect to those arrangements by the council for, or not less than thirty local government electors of, any community appearing to the [F116principal council] to be likely to be affected by those changes, and the [F116principal council] may, if they think fit, make an order giving effect to those changes.

(5)The Welsh Commission may, on a request made by the council for, or not less than thirty local government electors of, any community, review the electoral arrangements for the community for the purpose of considering whether or not to make proposals to the [F117principal] council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the [F117principal] council accordingly.

(6)Where a [F117principal] council have received proposals from the Welsh Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7)If after receiving any such proposals a [F117principal] council inform the Welsh Commission that in their opinion the order proposed should not be made (whether with or without modifications) or if, within six months of receiving any such proposals the [F117principal] council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the [F117principal] council.

Textual Amendments

F113Words in s. 57(2) substituted (1.10.1995) by 1994 c. 19, s. 66(5), Sch. 15 para. 10(1)(b) (with ss. 54(5)(7), 55(5)); S.I. 1995/2490, art. 5(1), Sch. 3

F117Words in s. 57(5)-(7) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 10(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C22S. 57: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

58 Commission’s reports and their implementation.E+W

(1)Where the Welsh Commission have—

(a)in accordance with section 55 or 56 above been conducting a review of any area or considering any recommendations made by a [F118principal] council; or

(b)in accordance with section 57 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2)The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Welsh Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3)If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

[F119(3A)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.]

[F120(4)Any statutory instrument containing an order under this section which—

(a)alters the area of a principal council,

(b)alters the area of a preserved county, or

(c)abolishes a principal area,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F119S. 58(3A) inserted (1.4.1995) by 1994 c. 29, s. 40(3); S.I. 1994/3262, art. 4(1), Sch.

Modifications etc. (not altering text)

C23S. 58: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

C24S. 58(1) excluded by S.I. 1986/553, art. 3(1)

59 Directions about reviews.E+W

(1)The Secretary of State may give the Welsh Commission or [F121a principal council] in Wales directions for their guidance in conducting reviews under section 55, 56 or 57 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2)A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of F122. . . the principal areas in Wales except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3)The Secretary of State may give directions to the Welsh Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 55 or 56 above.

Textual Amendments

Modifications etc. (not altering text)

C25S. 59: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

Conduct of reviewsE+W

60 Procedure for reviews.E+W

(1)[F123The Welsh Commission or a][F124Welsh principal] council proposing to conduct a review under the foregoing provisions of this Part of this Act shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2)In conducting any such review [F125the Welsh Commission] or [F124Welsh principal] council shall—

(a)consult—

(i)the council of any local government area [F126and the police authority for any police area] affected by the review, and such other local authorities and public bodies as appear to them to be concerned;

(ii)any bodies representative of staff employed by local authorities who have asked the Commission or the council, as the case may be, to be consulted; and

(iii)such other persons as they think fit;

(b)take such steps as they think fit for securing that persons who may be interested in the review are informed of any draft proposals or recommendations, any draft of an order under section F127. . . 57(4) above or any interim decision not to make proposals or recommendations or any such order and of the place or places where those proposals or recommendations or that order or decision can be inspected;

(c)in particular, deposit copies of those proposals or recommendations or that order or decision at the offices of any principal council [F128or police authority] whose area may be affected thereby and require any such [F129principal] council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d)take into consideration any representations made to them within that period.

(3)In considering any recommendations made by a [F124Welsh principal] council in consequence of a review conducted by them under this Part of this Act [F125the Welsh Commission] may consult the council of any local government area affected by the review, such other local authorities and public bodies as appear to them to be concerned and such other persons as they think fit.

(4)Where [F125the Welsh Commission] propose to modify any proposals recommended by a [F124Welsh principal] council as aforesaid or not to submit any such proposals, the Commission shall—

(a)take such steps as they think fit for securing that persons who may be interested in any modification or decision are informed of it and of the place or places where it can be inspected;

(b)deposit copies of any draft modification or the decision at the offices of [F130the principal council and of any other principal council in Wales] whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(c)take into consideration any representations which may be made to them with respect to any such modification or decision within that period.

(5)Where [F125the Welsh Commission]. . . make a report, proposals or recommendations under this Part of this Act they shall—

(a)take such steps as they think fit for securing that persons who may be interested in the report, proposals or recommendations are informed of the report, proposals or recommendations and of the place or places where they can be inspected;

(b)in particular, deposit copies of the report, proposals or recommendations at the offices of any principal council [F131or police authority] whose area may be affected thereby and require any such [F132principal] council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to the proposals or recommendations or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

[F133(5A)Where a Welsh principal council make a report, proposals or recommendations under this Part of this Act they shall—

(a)make copies of the report, proposals or recommendations available for inspection at their offices for the period mentioned in subsection (5)(b) above;

(b)take the steps mentioned in subsection (5)(a); and

(c)comply with the requirements of subsection (5)(b) above in relation to any other principal council in Wales whose area may be affected by the report, proposals or recommendations.]

(6)Subject to subsections (1) to [F134(5A)] above, the Secretary of State may make regulations prescribing the procedure by which [F125the Welsh Commission] or, as the case may be, a [F124Welsh principal] council are to conduct a review under this Part of this Act or by which [F125the Welsh Commission] are to consider recommendations of a district council thereunder.

(7)Subject to those subsections and to any regulations made under subsection (6) above, the procedure of [F125the Welsh Commission] or a [F124Welsh principal] council in conducting any such review and the procedure of the Commission in considering any such recommendations shall be such as they may determine.

F135(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125Words in s. 60(2)-(7) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 13(2); S.I. 1992/2371, art. 2

F126Words in s. 60(2)(a)(i) inserted (1.4.1995) by 1994 c. 29, s. 40(4)(a); S.I. 1994/3262, art. 4(1), Sch.

F127Words in s. 60(2)(b) repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29(2), Sch. 4 Pt. II; S.I. 1992/2371, art. 2

F128Words in s. 60(2)(c) inserted (1.4.1995) by 1994 c. 29, s. 40(4)(b); S.I. 1994/3262, art. 4(1), Sch.

F129Word in s. 60(2)(c) inserted (1.4.1995) by 1994 c. 29, s. 40(4)(b); S.I. 1994/3262, art. 4(1), Sch.

F131Words in s. 60(5)(b) inserted (1.4.1995) by 1994 c. 29, s. 40(4)(c); S.I. 1994/3262, art. 4(1), Sch.

F132Word in s. 60(5)(b) inserted (1.4.1995) by 1994 c. 29, s. 40(4)(c); S.I. 1994/3262, art. 4(1), Sch.

Modifications etc. (not altering text)

C26S. 60: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

61 Local inquiries.E+W

(1)[F136The Welsh Commission or a][F137Welsh principal] council may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2)Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commission or [F137Welsh principal] council causing the inquiry to be held.

Textual Amendments

Border between England and WalesE+W

F13862. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Initial reviewsE+W

F13963. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F14064 Review of electoral arrangements for Welsh principal areas.E+W

(1)As soon as practicable after the ordinary election of councillors for any of the Welsh principal areas held in 1995, the Welsh Commission shall—

(a)review the electoral arrangements for that area with a view to considering future electoral arrangements; and

(b)formulate proposals for those arrangements.

(2)The provisions of Part IV of this Act shall apply to a review under subsection (1) above as they apply to a review under section 57 above.

(3)In its application to a review under subsection (1) above, section 58 above shall have effect as if it required—

(a)the Welsh Commission to submit a report for any principal area before such date as the Secretary of State may direct, and

(b)the Secretary of State to make an order under section 58 above giving effect to the proposals of the Commission under subsection (1) above (whether as submitted to him or with modifications).]

Textual Amendments

Supplementary provisionsE+W

65 Delegation of functions of Commission.E+W

(1)[F141The Welsh Commission] may appoint one or more members of the Commission—

(a)to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b)to report to the Commission accordingly.

(2)At the request of [F141the Welsh Commission] the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3)The appointment of an assistant commissioner under subsection (2) above—

(a)shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b)shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

Textual Amendments

F14266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

67 Consequential and transitional arrangements relating to Part IV.E+W

(1)The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a)the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b)the functions or areas of jurisdiction of any public body, [F143justice of the peace other than a District Judge (Magistrates’ Courts),] coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) [F144, and the functions of any District Judge (Magistrates’ Courts),]within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

(c)the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5)Any such order may also include provision with respect to—

(a)the name of any altered area;

(b)the constitution [F145, election and membership] of public bodies in any area affected by the order;

[F146(c)the total number of councillors, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas and the first election of councillors for any new or altered electoral area;]

(d)without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e)without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

F147(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

F148(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145Words in s. 67(5)(b) substituted (1.4.1995) by 1994 c. 29, s. 40(5); S.I. 1994/3262, art. 4(1), Sch.

F146S. 67(5)(c) substituted by S.I. 1977/1710, art. 3(a)

68 Transitional agreements as to property and finance.E+W

(1)Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2)The agreement may provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3)In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4)Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5)For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award—

(a)a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;

(b)any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and

(c)a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

F149(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9)Subsection (8) above shall apply to—

(a)an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any Act; and

(b)an adjustment made under section 32 or 62 of the M8Local Government Act 1888, whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

Textual Amendments

Marginal Citations

69 Variation and revocation of orders under Part IV, etc.E+W

(1)The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2)The Secretary of State or [F150Welsh principal] council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3)The Secretary of State or [F150Welsh principal] council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4)The Secretary of State or a [F151Welsh principal] council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a F152. . . council with the substitution for references to a Minister of references to the council.

(5)Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say—

(a)section 46 of the M9Local Government Act 1929;

(b)Part VI of the 1933 Act;

(c)Part II of the M10Local Government Act 1958;

(d)section 6 of the 1963 Act;

(e)any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6)Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by [F153any predecessor of a Welsh principal council] may be varied or revoked in relation to any [F154Welsh principal area] to which or part of which that provision relates by an order made by the council of [F155that area], and subsections (2) to (4) above shall apply with all necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7)In this section “supplementary provision” means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Textual Amendments

Modifications etc. (not altering text)

C27S. 69: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise prosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

Marginal Citations

MiscellaneousE+W

70 Restriction on promotion of Bills for changing local government areas, etc.E+W

[F156(1)][F157[F158No] local authority or a joint authority F159. . .] shall have power to promote a bill for forming or abolishing any local government area F160. . . or for altering, or altering the status or electoral arrangements of, any local government area F160. . ..

[F161(2)Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire and Emergency Planning Authority.]

[F162(3)No local authority or joint authority shall have power to promote a Bill for forming, altering or abolishing executive arrangements or alternative arrangements, or for altering arrangements for electing an elected mayor.]

Textual Amendments

F162S. 70(3) added (E.) (11.7.2001) by S.I. 2001/2237, art. 3 and (W.) (1.4.2002) by S.I. 2002/808, art. 3

Modifications etc. (not altering text)

C28S. 70 amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(a)

C29S. 70 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(a)

C30S. 70 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 70 extended (3.7.2000) by 1999 c. 29, s. 77(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

71 Modification of seaward boundaries of local government areas.E+W

(1)[F163The Welsh Commission]may at any time review so much of the boundary of any [F164area] as lies below the high-water mark of medium tides and does not form a common boundary with another [F164area] and may make proposals to the Secretary of State for making alterations to any part of the boundary so as to include in the [F164area] any area of the sea which at the date of the proposals is not, in whole or in part, comprised in any other [F164area] or to exclude from the [F164area] any area of the sea which at that date is comprised in the [F164area].

(2)The Secretary of State may direct [F163the Welsh Commission] to conduct a review under this section of a particular boundary or not to undertake during a specified period such a review of a particular boundary, and may give [F163the Welsh Commission] directions for their guidance in conducting a review and making proposals under this section.

(3)Subsections (1), (2), (5), (6) and (7) of section 60 above shall apply in relation to a review under this section as they apply in relation to a review under the provisions of this Part of this Act which precede that section.

(4)The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section, either as submitted to him or with modifications.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F165(6)In subsection (1) above, “area” (except in “area of the sea”) means any local government area in Wales and any preserved county.

(7)No order may be made under this section extending any area into England.]

Textual Amendments

Modifications etc. (not altering text)

C31S. 71: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

72 Accretions from the sea, etc.E+W

(1)Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with—

(a)in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and

(b)in Wales, the community or communities which the accretion or part of the sea-shore adjoins,

in proportion to the extent of the common boundary.

(2)Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish F166. . . under this section shall be annexed to and incorporated with the district and county in which that parish F166. . . is situated.

[F167(2A)Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a community under this section shall be annexed to and incorporated with the principal area and the preserved county in which that community is situated.]

(3)In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

Textual Amendments

73 Alteration of local boundaries consequent on alteration of water-course.E+W

(1)Where, in the exercise of any power [F168conferred by the conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or] any other enactment, a water-course forming a boundary line between two or more areas of local government is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2)If after consultation with [F169the [F170Electoral Commission]] or the Welsh Commission, as the case may require, the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3)The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

[F171(4)For the purposes of this section a preserved county is an area of local government.]

Textual Amendments

F170Words in s. 73(2) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 1

74 Change of name of county, district or London borough.E+W

(1)Subject to subsection (5) below, the council of a county [F172, county borough], district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county [F172, county borough], district or borough.

(2)Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

[F173(2A)Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.]

(3)Notice of any change of name made under this section F174. . .—

(a)shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published in such manner as the Secretary of State may direct.

(4)A change of name made in pursuance of this section F175. . . shall not affect any rights or obligations of any county [F176, county borough], district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5)The name of a county or district shall not be changed under this section before 1st April 1978 unless the change is made with the consent of the Secretary of State.

[F177(6)The name of a Welsh principal area shall not be changed under this section before 1st October 1996 except with the consent of the Secretary of State.

(7)If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.]

Textual Amendments

Modifications etc. (not altering text)

C32S. 74: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C33S. 74(1) applied (with modifications)(1.8.1995) by S.I. 1995/1748, reg. 7

75 Change of name of parish.E+W

(1)At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2)Notice of any change of name made under this section—

(a)shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3)A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Modifications etc. (not altering text)

C34S. 75: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

76 Change of name of community.E+W

(1)At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the [F178principal area] in which the community is situated may change the name of the community.

(2)Notice of any change of name made under this section F179. . . —

(a)shall be sent by the [F180principal] council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published by the [F180principal] council in the community and elsewhere in such manner as they consider appropriate.

(3)A change of name made in pursuance of this section F181. . . shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

[F182(4)If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.]

Textual Amendments

F18377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

78 Supplementary.E+W

(1)In this Part of this Act—

  • “electoral arrangements” means—

    (a)

    in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;

    (b)

    in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;

    (c)

    F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “local government area” includes the City, the Inner Temple and the Middle Temple;

  • “public body” includes any compensation authority for the purposes of the M11Licensing Act 1964.

  • “substantive change” has the meaning assigned to it by [F185section 54(1)(e)] above.

(2)In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, [F186the Welsh Commission] and every [F187Welsh principal council and] district council shall so far as is reasonably practicable comply with the rules set out [F188in Schedule 11 to this Act].

Textual Amendments

F184S. 78(1): para. (c) in definition of "electoral arrangements" (which was inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 Pt. II para. 2(6)) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F185Words in the definition of "substantive change" in s. 78(1) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 18(1); S.I. 1992/2371, art. 2

Marginal Citations

Part VE+W General Provisions as to Members and Proceedings of Local Authorities

Modifications etc. (not altering text)

C37Pt. V (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. V (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Qualifications and disqualificationsE+W

79 Qualifications for election and holding office as member of local authority.E+W

(1)A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority [F189, or be qualified to be elected and to be an elected mayor,] if he is a British subject or a citizen of the Republic of Ireland [F190or a relevant citizen of the Union] and on the relevant day he has attained the age of twenty-one years and—

(a)on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

(b)he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

(c)his principal or only place of work during that twelve months has been in that area; or

(d)he has during the whole of those twelve months resided in that area; or

(e)in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2)In this section “relevant day”, in relation to any candidate, means—

(a)except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

(b)in the said excepted case, the day of election.

[F191(2A)In this section the expression “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community M12 (as amended by Title II of the Treaty on European Union M13), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland.]

F192(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189Words in s. 79(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 4 and (W.) (1.4.2002) by S.I. 2002/808, art. 4

F190Words in s. 79(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(1)

F191S. 79(2A) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(1)

Modifications etc. (not altering text)

C38S. 79 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 79 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 79 applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

C39S. 79: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 79: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

Marginal Citations

M12Treaty Series No. 47 (1988), Cm. 455.

M13Cm. 1934.

80 Disqualifications for election and holding office as member of local authority.E+W

(1)Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority [F193, and be disqualified for being elected or being an elected mayor,] if he—

(a)holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman [F194or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F195or elections] to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a F196. . . joint committee [F197or National Park authority] on which the authority are represented or by any person holding any such office or employment; or

(b)is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or

F198(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

[F199(e)is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee [F200under [F201the Audit Commission Act 1998]], and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.]

(2)Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—

(a)a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b)a joint board [F202, joint authority] or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

[F203(2AA)A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

(a)one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b)one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.]

[F204(2A)Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B)For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.]

[F205(3)Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.]

F206(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1) F207. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F207. . . conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the F207. . . conviction, F207. . ..

F208(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193Words in s. 80(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 5(a) and (W.) (1.4.2002) by S.I. 2002/808 {art. 5(a)}

F194Words in s. 80(1)(a) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 8; S.I. 2000/2849, art. 2(e)

F195Words in s. 80(1)(a) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 5(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 5(b)

F197Words in s. 80(1)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F199S. 80(1)(e) substituted (4.3.1996) by S.I. 1996/263, reg. 7(7)

F200S. 80(1)(e): by 2000 c. 22, s. 107(1)(2), 108(3)(b)(c)(i), Sch. 5 para. 8, Sch. 6; S.I. 2002/1718, art. 2 it is provided that the words "or under the Audit Commission Act 1998" are repealed (27.7.2002 with application as mentioned in art. 1(2) of the commencing S.I.)

F201Words in s. 80(1)(e) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(1)

F203S. 80(2AA) inserted (8.5.2000) by 1999 c. 29, s. 69 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F204S. 80(2A)(2B) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F205S. 80(3) substituted (1.9.1999) by S.I. 1999/2267, regs. 1, 9

Modifications etc. (not altering text)

C40S. 80 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 80 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 80 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch. Pt. I

C41S. 80: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 80: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

C43S. 80(1)(a) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(b)

C44S. 80(1)(a) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(b)

C45S. 80(1)(b)(d)(5) applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

C46S. 80(2)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(b)

C47S. 80(2)(b) modified by S.I. 1987/2110, art. 2, Sch. 1 para. 3(b)

81 Exceptions to provisions of section 80.E+W

[F209(1)Where a person is disqualified under section 80 above by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.]

(2)Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

F210(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 80(2) and (3) above shall not operate so as to disqualify—

(a)any person by reason of his being a teacher, or otherwise employed, in a school, F212. . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

F213(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C48S. 81 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 81: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 81 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C49S. 81 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 81: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C50S. 81(1)(2) applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

82 Validity of acts done by unqualified persons.E+W

[F214(1)]The acts and proceedings of any person elected to an office under this Act [F215or elected or appointed to an office under Part F216. . . IV of the Local Government Act 1985][F217or elected as elected mayor or executive leader] and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

[F218(2)Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.]

Textual Amendments

F217Words in s. 82(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 6 and (W.) (1.4.2002) by S.I. 2002/808, art. 6

Modifications etc. (not altering text)

C53S. 82 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 82 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 82 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C54S. 82: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 82: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

Acceptance, resignation and vacation of office, and casual vacanciesE+W

83 Declaration of acceptance of office.E+W

(1)The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, F219. . . councillor [F220or elected mayor] of the council of a county [F221, county borough], district or London borough F222. . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by [F223an order made by the Secretary of State], and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

(2)If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3)The declaration shall be made before either—

(a)two members of the council to which the declarant is elected; or

[F224(aa)an elected mayor of the council to which the declarant is elected; or]

(b)the proper officer of the council; or

(c)a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

(d)a commissioner appointed to administer oaths in the Supreme Court.

F225(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

(a)in the case of the chairman, at the meeting at which he is elected;

(b)in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

(c)in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by [F223an order made by the Secretary of State], and if he fails to do so his office shall thereupon become vacant.

(5)Any person before whom a declaration is authorised to be made under this section may take the declaration.

Textual Amendments

F219Words repealed by S.I. 1977/1710, art. 3(c)

F220Words in s. 83(1) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 9(1)(2); S.I. 2000/2849, art. 2(e)

F224S. 83(3)(aa) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 9(1)(3); S.I. 2000/2849, art. 2(e)

Modifications etc. (not altering text)

C59S. 83 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 84(2)(b), 86(9)

S. 83 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(b)

84 Resignation.E+W

[F226(1)]A person elected to any office under this Act [F227or elected as an elected mayor]may at any time resign his office by written notice delivered—

(a)except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

(b)in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

(c)in the case of a parish or community councillor, to the chairman of the parish or community council;

(d)in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

[F228(2)A person elected or appointed to an office under Part F229. . . IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.]

Textual Amendments

F227Words in s. 84(1) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 10(1)(2); S.I. 2000/2849, art. 2(e)

Modifications etc. (not altering text)

C60S. 84 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 84: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 84 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C61S. 84 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 84: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

85 Vacation of office by failure to attend meetings.E+W

(1)Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

(2)Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

[F230(2A)Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

(2B)For the purposes of this section—

(a)the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

(b)in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,

shall each be deemed to be attendance at a meeting of the executive.]

(3)A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority [F231or of a failure to attend meetings of the executive] if the failure is due to that employment.

[F232(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) [F233or (2A)] above (and, accordingly, a period during which a member fails to attend meetings of the authority [F234or, as the case may be, meetings of the executive] that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).]

[F235(4)In this section “local authority” includes a joint authority F236. . .]

Textual Amendments

F230S. 85(2A)(2B) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(a) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(a)

F231Words in s. 85(3) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(b)

F232S. 85(3A) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in W. and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 9; S.I. 2000/3335, art. 2

F233Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(i) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(i)

F234Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(ii) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(ii)

Modifications etc. (not altering text)

C65S. 85: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 85: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

C66S. 85 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 8 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C67S. 85(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(c)

86 Declaration by local authority of vacancy in office in certain cases.E+W

[F237(1)]Where a member of a local authority—

(a)ceases to be qualified to be a member of the authority; or

(b)becomes disqualified for being a member of the authority otherwise than [F238under the Audit Commission Act 1998 [F239or section 79 of the Local Government Act 2000]or by virtue of], a conviction or a breach of any provision of Part II of the [F240M14Representation of thePeople Act 1983]; or

(c)ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

[F241(2)In this section “local authority” includes a joint authority F242 . . .]

Textual Amendments

F238Words in s. 86(1)(b) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(2)

F239Words in s. 86(1)(b) inserted (E.).(19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 10; S.I. 2000/3335, art. 2

Modifications etc. (not altering text)

C68S. 86: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

87 Date of casual vacancies.E+W

(1)For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a)in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(b)in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

(c)in the case of death, on the date of death;

(d)in the case of a disqualification [F243under the Audit Commission Act 1998 or by virtue of a] conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the [F244relevant order or decision under that Act or (as the case may be) that] conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

(e)in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

[F245(ee)in the case of a disqualification under section 79 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;]

(f)in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to [F246(ee)] above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

F247(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

(a)in a case where the local authority declare the office to be vacant, immediately after the declaration; and

(b)in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

F248(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F243Words in s. 87(1)(d) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(3)(a)

F244Words in s. 87(1)(d) substituted (11.9.1998) by 1998 c. 18, ss. 54(1) 55(2), Sch. 3 para. 3(3)(b)

F245S. 87(1)(ee) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(a); S.I. 2000/3335, art. 2

F246Words in s. 87(1)(f) substituted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(b); S.I. 2000/3335, art. 2

Modifications etc. (not altering text)

C72S. 87: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

88 Filling of casual vacancy in case of chairman, etc.E+W

(1)On a casual vacancy occurring in the office of chairman of any council F249. . ., an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

(2)F250. . . , a meeting of the council for the election may be convened by the proper officer of the authority.

F251(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

Textual Amendments

F249Words repealed by S.I. 1977/1710, art. 3(c)

Modifications etc. (not altering text)

C74S. 88(1)(2) applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 88(1)(2): certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C75S. 88(1)(2) applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 88(1)(2): certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

89 Filling of casual vacancies in case of councillors.E+W

(1)Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

(a)in a case in which the High Court or the council have declared the office to be vacant, within [F252thirty-five days] (computed in accordance with section 243(4) below) from the date of the declaration;

(b)in any other case, within [F252thirty-five days] (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

(2)The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer F253. . .

(3)Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

F254(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

(5)Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

(a)where an election is contested—

(i)the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

(ii)if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

(b)where the election is not contested—

(i)those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

(ii)where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

(6)A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under [F255section 36 of the Representation of the People Act 1983].

(7)Where under this section any question is required to be determined by lot—

(a)in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

(b)in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

Textual Amendments

F252Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(c), 29 (by S.I. 1985/1080, art. 4(5) it is provided that the amendment made by s. 19(6)(c) shall not have effect for the purposes of any vacancy which occurred before 16.2.87)

Modifications etc. (not altering text)

90 Term of office of persons filling casual vacancies.E+W

A person elected or appointed under the foregoing provisions of this Act in England or Wales [F256or under Part F257. . . IV of the Local Government Act 1985] to fill any casual vacancy, or elected under the 1933 Act in England to fill a casual vacancy in the office of chairman of a parish council or parish meeting or of parish councillor, shall hold office until the date upon which the person in whose place he is elected [F256or appointed] would regularly have retired, and he shall then retire.

Textual Amendments

Modifications etc. (not altering text)

91 Temporary appointment of members of parish and community councils.E+W

(1)Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council [F258or Welsh principal council] may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

(2)In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(3)Two copies of every order made under this section shall be sent to the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C92S. 91: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Proceedings for disqualificationE+W

92 Proceedings for disqualification.E+W

(1)Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

(a)in the High Court or a magistrates’ court if that person so acted;

(b)in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

(2)Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

(a)if the proceedings are in the High Court, the High Court may—

(i)make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

(ii)grant an injunction restraining the defendant from so acting;

(iii)order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

(b)if the proceedings are in a magistrates’ court, the magistrates’ court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding [F259level 3 on the standard scale] for each occasion on which he so acted while disqualified.

(3)Where proceedings under this section are instituted in a magistrates’ court, then—

(a)if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

(b)if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates’ court by order to discontinue the proceedings.

(4)Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

(5)No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

(6)For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

(a)if he is not qualified to be, or is disqualified for being, a member of the authority; or

(b)if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

[F260(7)In this section “local authority” includes a joint authority F261. . .; and in relation to a joint authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.]

[F262(8)In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.]

Textual Amendments

Modifications etc. (not altering text)

C97S. 92 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 92: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 92 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 Pt. I para. 3(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 92 applied (with modifications)(19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 92 applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

S. 92 applied (with modifications)(14.12.1999) by 1999 c. 29, s. 23 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

C98S. 92 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 92: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C100S. 92 applied in part (with modifications) (7.7.2005) by The North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), art. 6(2)

Restrictions on votingE+W

F26393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

94 Disability of members of authorities for voting on account of interest in contracts, etc.E+W

(1)Subject to the provisions of section 97 below, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2)If any person fails to comply with the provisions of subsection (1) above he shall for each offence be liable on summary conviction to a fine not exceeding [F264level 4 on the standard scale] unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3)A prosecution for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(4)A local authority may by standing orders provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(5)The following, that is to say—

(a)the receipt by the chairman, vice-chairman or deputy chairman of a principal council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;

(b)the receipt by a member of a local authority of an allowance or other payment under any provision of sections 173 to 176 below [F265or paragraph 25 of Schedule 2 to the Police Act 1996]. . . [F266or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989] or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

Textual Amendments

F265Words in s. 94(5)(b) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 21

Modifications etc. (not altering text)

C106S. 94 applied (with modifications) by virtue of Land Drainage Act 1976 (c. 70, SIF 73:1), Sch. 1 para. 14B(1), as inserted by Water Act 1983 (c. 23, SIF 130), s. 11(2), Sch. 4 para. 6

Ss. 94-98 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 8 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 94-98 applied (with modifications) (11.12.1995) by: S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications) (5.12.1995) by: S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications) (5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Ss. 94-98 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 para. 14(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

s. 94-98 applied (with modifications) (20.11.1996) by: S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 94-98: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s.44(1), Sch. 4(a)(i); S.I. 1997/1930, art. 2(1)(2)(m)

Ss. 94-98 applied (with modifications) (E.) (temp. from 18.5.2001) by S.I. 2001/1517, art. 7

C107Ss. 94-98 excluded (temp. from 27.11.2001 until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

Ss. 94-98 excluded (temp. from 27.11.2001 until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

C108S. 94 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 94: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C109S. 94 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 94: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

95 Pecuniary interests for purposes of section 94. E+W

(1)For the purposes of section 94 above a person shall be treated, subject to the following provisions of this section and to section 97 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a)he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b)he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2)Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3)In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.

Modifications etc. (not altering text)

C113Ss. 94-96 applied and certain functions ttransferred (01.12.1991) with modifications by Water Resources Act 1991 (c. 57, SIF 130),s. 14, Sch. 4, Pt. II, para. 14(1).

C115Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

C116S. 95 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 95: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

Ss. 94-98 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 94-98 applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Ss. 94-98 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 para. 14(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

Ss. 94-98 applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 94-98: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(i); S.I. 1997/1930, art. 2(1)(2)(m)

S. 95 applied (8.5.2000) by 1999 c. 29, s. 154(4), Sch. 10 para. 13(9) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Ss. 94-98 applied (with modifications) (E.) (18.5.2001) (temp.) by S.I. 2001/1517, art. 7

C117S. 95 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 95: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

96 General notices and recording of disclosures for purposes of section 94. E+W

(1)A general notice given in writing to the proper officer of the authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2)The proper officer of the authority shall record in a book to be kept for the purpose particulars of any disclosure made under section 94 above and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any member of the local authority.

Modifications etc. (not altering text)

C118Ss. 94-98 applied (01.12.1991) with modifications by Water Resources Act 1991 (c. 57, SIF 130), s. 14, Sch. 4, Pt. II, para. 14(1).

C120S. 96 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 96: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch.1.

C121S. 96 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 96: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

Ss. 94-98 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 94-98 applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Ss. 94-98 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 para. 14(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

Ss. 94-98 applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 94-98: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(i); S.I. 1997/1930, art. 2(1)(2)(m)

S. 96 applied (with modifications)(8.5.2000) by 1999 c. 29, s. 154(4), Sch. 10 para. 13(10) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Ss. 94-98 applied (with modifications) (E.) (18.5.2001) (temp.) by S.I. 2001/1517, art. 7

C122S. 96 excluded (16.1.1990 to a certain extent and 8.5.1992 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 19(4); S.I. 1989/2445, art. 4; S.I. 1992/760, art.2.

C123Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

97 Removal or exclusion of disability, etc. E+W

(1)The district council, as respects a member of a parish [F267council, the principal council, as respects a member of a] community council, and the Secretary of State, as respects a member of any other local authority, may, subject to such conditions as the F268. . . council or the Secretary of State may think fit to impose, remove any disability imposed by section 94 above in any case in which the number of members of the local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the F268. . . council or the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2)The power of a F269. . . council and of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member (or, in the case of the power of the Secretary of State, any member or any class or description of member) by reason of such interests, and in respect of such matters, as may be specified by the council or the Secretary of State.

(3)Nothing in section 94 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to a F270. . . council or the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4)Section 94 above does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as [F271a person who is liable [F272to pay an amount in respect of any community charge or in respect of council tax] or who would be so liable but for any enactment or anything provided or done under any enactment or as] a ratepayer or inhabitant of the area or as an ordinary consumer of water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5)For the purposes of section 94 above a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected as mentioned in section 95(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6)Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed [F273£5,000] or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, section 94 above shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

[F274(7)Section 94 above shall not prohibit a director of a public transport company, or a subsidiary of such a company, who is neither—

(a)paid for acting as such; nor

(b)an employee of the public transport company or subsidiary,

from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy; and in this subsection “public transport company” and “subsidiary” have the same meanings as in Part IV of the M15Transport Act 1985.]

Textual Amendments

F271Words inserted by S.I. 1990/10, art. 2

Modifications etc. (not altering text)

C124Ss. 94-98 applied with modifications by Water Resources Act 1991 (c. 57, SIf 130), s. 14, Sch. 4, Pt. II, para, 14(1).

C126Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

Ss. 94-98 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

C127S. 97 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch.1.

S. 97: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch.1.

C129S. 97 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 97: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Ss. 94-98 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 94-98 applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Ss. 94-98 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 para. 14(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

Ss. 94-98 applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 94-98: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(i); S.I. 1997/1930, art. 2(1)(2)(m)

Ss. 94-98 applied (with modifications) (E.) (18.5.2001) (temp.) by S.I. 2001/1517, art. 7

Marginal Citations

98 Interpretation of sections 95 and 97.E+W

[F275(1)In sections 95 and 97 “securities” means—

[F276(a)any of the following kinds of investments, namely—

(i)shares,

(ii)instruments creating or acknowledging indebtedness,

(iii)government and public securities,

(iv)instruments giving entitlement to investments,

(v)certificates representing securities,

(vi)units in a collective investment scheme,

(vii)rights to, or interests in, any security of a kind mentioned in sub-paragraphs (i) to (vi); or]

(b)instruments creating or acknowledging indebtedness;

(c)instruments giving entitlements to investments;

(d)certificates representing securities;

(e)units in a collective investment scheme;

(f)rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (e);

(g)rights (whether actual or contingent) to money lent to, or deposited with—

(i)a society registered under the Industrial and Provident Societies Act 1965, or

(ii)a building society within the meaning of the Building Societies Act 1986,

and the definition of securities must be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act.]

[F277(1A)In sections 94 and 97 above “local authority” includes a joint authority [F278, the London Fire and Emergency Planning Authority][F279and a police authority established under [F280section 3 of the Police Act 1996][F281and the Metropolitan Police Authority]. . . ]. . . and in section 94(5)(a) above “principal council” includes any such authority.]

(1B)F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 95 above “public body” includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the M16National Trust Act 1907.

[F283(3)Paragraph (a) of subsection (1) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

Textual Amendments

F275S. 98(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 281

F276S. 98(1)(a) substituted (3.7.2002) by The Financial Services and Markets Act 2000 (Consequential Amendments) Order (S.I. 2002/1555), {art. 5(1)}

F279Words in s. 98(1A) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 7; S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F280Words in s. 98(1A) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(h)

F282S. 98(1B) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 para. 24(b), Sch. 7 Pt. 5(1); S.I 2002/344, {art. 3(j)(k)(m)} (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C135Ss. 94-98 applied (with modifications) by Water Resources Act 1991 (c. 57, SIF 130), s. 14, Sch. 4 Pt. II para. 14(1)

C136Ss. 94-98 excluded (temp. from 27.11.2001 until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

Ss. 94-98 excluded (temp. from 27.11.2001 until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

C137S. 98 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 98: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

Ss. 94-98 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 94-98 applied (with modifications) (11.12.1995) by: S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications) (5.12.1995) by: S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications) (5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

Ss. 94-98 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Ss. 94-98 applied (with modifications) (20.11.1996) by: S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 94-98: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s.44(1), Sch. 4(a)(i); S.I. 1997/1930, art. 2(1)(2)(m)

Ss. 94-98 applied (with modifications) (E.) (temp. from 18.5.2001) by S.I. 2001/1517, art. 7

C138S. 98 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch.1

S. 98: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch.1

C142S. 98(1A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(f)

C143S. 98(1A) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(f)

Marginal Citations

M161907 c. cxxxvi.

Meetings and proceedingsE+W

99 Meetings and proceedings of local authorities.E+W

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities [F284, joint authorities, [F285police authorities established under [F286 section 3 of the Police Act 1996]][F287, the Metropolitan Police Authority]. . . F288. . . ] and their committees, parish meetings and their committees and community meetings.

Textual Amendments

F285Words in s. 99 inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 7; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F286Words in s. 99 substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. I para. 1(1)(2)(h)

Modifications etc. (not altering text)

C146S. 99 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 99: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C147S. 99 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 99: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. Sch.1

S. 99 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 99 applied (with modifications) (11.12.1995) by: S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

S. 99 applied (with modifications) (5.12.1995) by: S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications) (5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1)

S. 99 applied (with modifications) (20.11.1996) by: S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

S. 99: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s.44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

100 Admission of public and press to local authority committee meetings.E+W

(1)For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the M17Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section.

(2)Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply F289. . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act [F290or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below)].

(3)Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Textual Amendments

Modifications etc. (not altering text)

C149S. 100 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

S. 100: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

C150S. 100 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 100: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 100 excluded (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

[F291Part VAE+W Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.]

Textual Amendments

Modifications etc. (not altering text)

C152Pt. 5A applied in part (with modifications) (8.5.2008) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8

C153Pt. 5A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C154Pt. VA (ss. 100A-100K) modified by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 7

Pt. VA (ss. 100A-100K) modified (11.9.1998) by 1998 c. 18, ss. 10(6), 55(2)

Pt. VA (ss. 100A-100K) modified (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(10)(a)

Pt. VA (ss. 100A-100K) modified (W.) (28.7.2001) by S.I. 2001/2284, reg. 5(1)(a)

Pt. VA (ss. 100A-100K) modified (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 24(7), 73; S.I. 2005/558, art. 2(1), Sch. 1

C155Pt. VA (ss. 100A-100K) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 67(4)

Pt. VA (ss. 100A-100K) extended (with modifications) (8.5.2000 and 3.7.2000) by 1999 c. 29, ss. 58, 61, 65 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3

Pt. VA (ss. 100A-100K) extended (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(11)(a), 108(4)-(6); S.I. 2000/2849, art. 2(a)

C156Pt. VA (ss. 100A-100K) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. VA (ss. 100A-100K) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Pt. VA (ss. 100A-100K) applied (with modifications) (8.5.2000 for specified purposes otherwise 3.7.2000) by 1988 c. 41, s. 115(3A) (as inserted (8.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 131(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4)

Pt. VA applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(a)

Pt. VA applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(a)

Pt. VA (ss. 100A-100K) applied (W.) (28.7.2001) by S.I. 2001/2284, reg. 19(8)

Pt. VA (ss. 100A-100K) applied (W.) (1.4.2002) by The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 (S.I. 2002/802), reg. 11(8)(9)

C157Pt. VA (ss. 100A-100K): power to make provisions about matters of the kind dealt with in this part conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (a)(iii); S.I. 1997/1930, art. 2(1)(2)(m)

Pt. VA (ss. 100A-100K): power to apply or reproduce (with or without modifications) conferred (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 22(12); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b); S.I. 2000/2948, art. 2

Pt VA (ss. 100A-100K): power to apply or reproduce conferred (W.) (1.11.2000 and 19.12.2000 with application in relation to police authorities in Wales) and (E.) (19.12.2000) by 2000 c. 22, s. 53(12); S.I. 2000/2948, art. 2; S.I. 2000/3335, art. 2

Pt. VA (ss. 100A-100K): power to apply (with or without modifications) conferred (1.1.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 20(11), Sch. 6 para. 5; S.I. 2002/3190, art. 2

Pt. VA (ss. 100A-100K): power to apply (with or without modifications) conferred (1.9.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 19(5), 42(3); S.I. 2003/2246, art. 2

C159Pt. 5A: power to apply (with modifications) conferred (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 241(5), 277(1) (subject to s. 277(2)-(5))

C160Pt. VA (ss. 100A-100K) (except ss. 100E, 100G, 100J, 100K) applied (28.8.2001) by S.I. 2001/2812, reg. 7(1)(2) (as amended by S.I. 2003/1483, reg. 3(2))

[F292100A Admission to meetings of principal councils.E

(1)A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies, and

(b)state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

(6)The following provisions shall apply in relation to a meeting of a principal council, that is to say—

(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the council [F293five clear days] at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

(c)while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

(7)Nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.]

Extent Information

E3This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C164Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100A applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

C165Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)

C168Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C169S. 100A(4) modified (11.5.2001 for specified purposes, 1.1.2003 for E. and otherwise 1.3.2007) by 2001 c. 15, ss. 9, 70(2), Sch. 1 (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, art. 2, Sch. 1 Pt. 2 para. 8

S. 100A(4) modified (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 246(2), 277(1) (subject to s. 277(2)-(5))

[F292100A Admission to meetings of principal councils.W

(1)A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies, and

(b)state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

(6)The following provisions shall apply in relation to a meeting of a principal council, that is to say—

(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the council three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

(c)while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

(7)Nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.]

Extent Information

E5This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

Modifications etc. (not altering text)

C164Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100A applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

C168Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C169S. 100A(4) modified (11.5.2001 for specified purposes, 1.1.2003 for E. and otherwise 1.3.2007) by 2001 c. 15, ss. 9, 70(2), Sch. 1 (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, art. 2, Sch. 1 Pt. 2 para. 8

S. 100A(4) modified (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 246(2), 277(1) (subject to s. 277(2)-(5))

[F294100B Access to agenda and connected reports.E

(1)Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least [F295five clear days] before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

(4)An item of business may not be considered at a meeting of a principal council unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least [F296five clear days] before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

(6)Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.]

Extent Information

E4This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C171Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100B applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

C172Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)

C173Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

[F294100B Access to agenda and connected reports.W

(1)Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

(4)An item of business may not be considered at a meeting of a principal council unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

(6)Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.]

Extent Information

E6This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

Modifications etc. (not altering text)

C171Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100B applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

C173Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

[F297100C Inspection of minutes and other documents after meetings.E+W

(1)After a meeting of a principal council the following documents shall be open to inspection by members of the public at the offices of the council until the expiration of the period of six years beginning with the date of the meeting, namely—

(a)the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

(b)where applicable, a summary under subsection (2) below;

(c)a copy of the agenda for the meeting; and

(d)a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

(2)Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.]

Textual Amendments

Modifications etc. (not altering text)

C176Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100C applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

C177Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)

C178Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

[F298100D Inspection of background papers.E+W

[F299(1)Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public—

(a)those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b)at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.]

(2)Subsection (1) above does not require a copy F300. . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

(3)Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4)Nothing in this section—

(a)requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b)without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5)For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a)disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b)have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.]

Textual Amendments

F299S. 100D(1) substituted (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(1), 108(4); S.I. 2000/2187, art. 3

F300Words in s. 100D(2) repealed (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(2), 107(2), 108(4), Sch. 6; S.I. 2000/2187, art. 3

Modifications etc. (not altering text)

C181Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)

C182Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

[F301100E Application to committees and sub-committees.E+W

(1)Sections 100A to 100D above shall apply in relation to a committee or sub-committee of a principal council as they apply in relation to a principal council.

(2)In the application by virtue of this section of sections 100A to 100D above in relation to a committee or sub-committee—

(a)section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent principal council and, if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such a council, at those premises;

(b)for the purposes of section 100A(6)(c), premises belonging to a constituent principal council shall be treated as belonging to the committee or sub-committee; and

(c)for the purposes of sections 100B(1), 100C(1) and 100D(1), offices of any constituent principal council shall be treated as offices of the committee or sub-committee.

(3)Any reference in this Part to a committee or sub-committee of a principal council is a reference to—

(a)a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below; or

(b)a joint committee not falling within paragraph (a) above which is appointed or established under any enactment by two or more principal councils and is not a body corporate; or

[F302(bb)the Navigation Committee of the Broads Authority; or]

(c)a sub-committee appointed or established under any enactment by one or more committees falling within [F303paragraphs (a) to (bb)] above.

(4)Any reference in this Part to a constituent principal council, in relation to a committee or sub-committee, is a reference—

(a)in the case of a committee, to the principal council, or any of the principal councils, of which it is a committee; and

(b)in the case of a sub-committee, to any principal council which, by virtue of paragraph (a) above, is a constituent principal council in relation to the committee, or any of the committees, which established or appointed the sub-committee.]

Textual Amendments

F302S. 100E(3)(bb) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1),ss. 21, 23(2), 27(2), Sch. 6 para. 10(4)

F303Words substituted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1),ss. 21, 23(2), 27(2), Sch. 6 para. 10(4)

Yn ddilys o 12/12/2008

[F304100EAInspection of records relating to functions exercisable by membersE+W

(1)The Secretary of State may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, to be made and provided to the authority by the member.

(2)Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

(3)A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F304S. 100EA inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 237(1), 245; S.I. 2008/3110, art. 2(i)

[F305100F Additional rights of access to documents for members of principal councils.E+W

(1)Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to sub-section (2) below, be open to inspection by any member of the council.

(2)Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 6, 9, 11, 12 and 14 of Part I of Schedule 12A to this Act, subsection (1) above does not require the document to be open to inspection.

(3)The Secretary of State may by order amend subsection (2) above—

(a)by adding to the descriptions of exempt information to which that subsection refers for the time being; or

(b)by removing any description of exempt information to which it refers for the time being.

(4)Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The rights conferred by this section on a member of a principal council are in addition to any other rights he may have apart from this section.]

Textual Amendments

Modifications etc. (not altering text)

C183S. 100F applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

[F306100G Principal councils to publish additional information.E+W

(1)A principal council shall maintain a register stating—

(a)the name and address of every member of the council for the time being and the ward or division which he represents; and

(b)the name and address of every member of each committee or sub-committee of the council for the time being.

(2)A principal council shall maintain a list—

(a)specifying those powers of the council which, for the time being, are exercisable from time to time by officers of the council in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

(b)stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3)There shall be kept at the offices of every principal council a written summary of the rights—

(a)to attend meetings of a principal council and of committees and sub-committees of a principal council, and

(b)to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

(4)The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the council.]

Textual Amendments

Modifications etc. (not altering text)

C184S. 100G applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

[F307100H Supplemental provisions and offences.E+W

(1)A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours and—

(a)in the case of a document open to inspection by virtue of section 100D(1) above, upon payment of such reasonable fee as may be required for the facility; and

(b)in any other case, without payment.

(2)Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below—

(a)make copies of or extracts from the document, or

(b)require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required for the facility.

(3)Subsection (2) above does not require or authorise the doing of any such act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.

(4)If, without reasonable excuse, a person having the custody of a document which is required by section 100B(1) or 100C(1) above to be open to inspection by the public—

(a)intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts from, the document, or

(b)refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)Where any accessible document for a meeting to which this subsection applies—

(a)is supplied to, or open to inspection by, a member of the public, or

(b)is supplied for the benefit of any newspaper, in pursuance of section 100B(7) above,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6)Subsection (5) above applies to any meeting of a principal council and any meeting of a committee or sub-committee of a principal council; and, for the purposes of that subsection, the “accessible documents”; for a meeting are the following—

(a)any copy of the agenda or of any item included in the agenda for the meeting;

(b)any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 100B(7)(b) above;

(c)any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 100B(7)(c) above;

(d)any copy of the whole or part of a report for the meeting;

(e)any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 100D above.

(7)The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.]

Textual Amendments

Modifications etc. (not altering text)

C187S. 100H applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27 (as amended (W.) (21.5.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), reg. 7(2)(g))

S. 100H applied (with modifications) (E.) (1.1.2003) by The Commision for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(3)

[F308100I Exempt information and power to vary Schedule 12A.E+W

(1)The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 12A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.

(2)The Secretary of State may by order vary Schedule 12A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3)The Secretary of State may exercise the power conferred by subsection (2) above by amending any Part of Schedule 12A to this Act, with or without amendment of any other Part.

(4)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Modifications etc. (not altering text)

C191S. 100I applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

[F309100J Application to new authorities, Common Council, etc.E+W

(1)Except in this section, any reference in this Part to a principal council includes a reference to—

F310(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a joint authority;

[F311(bb)the London Fire and Emergency Planning Authority;]

(c)the Common Council;

[F312(cc)The Broads Authority;]

[F313(cd)a National Park authority;]

(d)a joint board or joint committee falling within subsection (2) below;

[F314(e)a police authority established under [F315section 3 of the Police Act 1996];]

[F316(eza)the Metropolitan Police Authority;]

(ea)F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a combined fire authority.

(2)A joint board or joint committee falls within this subsection if—

(a)it is constituted under any enactment as a body corporate; and

(b)it discharges functions of two or more principal councils;

and for the purposes of this subsection any body falling within paragraph (a), (b) [F318, (bb)] or (c) of subsection (1) above shall be treated as a principal council.

(3)In its application by virtue of subsection (1) above in relation to a body falling within paragraph F319. . . , (b) [F320(bb),][F321(cc)], [F322(cd)] , (d), (e) [F323(eza),]. . . or (f) of that subsection, section 100A (6)(a) above shall have effect with the insertion after the word “council” of the words “ and, if the meeting is to be held at premises other than those offices, at those premises ”.]

(3A)F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In its application by virtue of subsection (1) above, section 100G(1)(a) above shall have effect—

(a)in relation to a joint authority or a [F325police authority established under [F315section 3 of the Police Act 1996][F326or the Metropolitan Police Authority]. . . , with the substitution for the words from “ward” onwards of the words “ name or description of the body [F327or other person that] appointed him ”; and

[F328(aa)in relation to the Broads Authority or its Navigation Committee [F329or any National Park authority], with the substitution for the words from “ward” onwards of the words “ name of the [F330person who] appointed him ”; and]

(b)in relation to joint board or joint committee falling within subsection (2) above, with the omission of the words from “and the ward” onwards; and

(c)in relation to a combined fire authority, with the substitution for the words “ward or division” of the words “ constituent area ”.

[F331(4A)In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words “the ward or division which he represents” of the words “whether he is an Assembly representative or a borough representative, and—

(i)if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

(ii)if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council).”]

(5)In this section “combined fire authority” means a fire authority constituted by a combination scheme under the M18 Fire Services Act 1947.]

Textual Amendments

F310Words repealed by Education Reform Act 1988 (c. 40 SIF 41:1),ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F311S. 100J(1)(bb) inserted (3.7.2000) by 1999 c. 29, ss. 331(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F313S. 100J(1)(cd) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(a) (with ss. 7(6), 115, 117, Sch, 8 para. 7)

F314S. 100J(1)(e) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(2); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F317S. 100J(1)(ea) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F318Words in s. 100J(2) inserted (3.7.2000) by 1999 c. 29, s. 331(3) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F319Reference to paragraph (a) repealed by Education Reform Act 1988 (c. 40, SIF 41:1) ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F320Words in s. 100J(3) inserted (3.7.2000) by 1999 c. 29, s. 331(4) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F322Words in s. 100J(3) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F324S. 100J(3A) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F325Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.

F327Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(b); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.

F329Words in s. 100J(4)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(i) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F330Words in s. 100J(4)(aa) substituted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F331S. 100J(4A) inserted (3.7.2000) by 1999 c. 29, s. 331(5) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

Modifications etc. (not altering text)

C193S. 100J(1)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(h)

C194S. 100J(1)(b) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(h)

Marginal Citations

[F332100K Interpretation and application of Part VA.E+W

(1)In this Part—

  • “committee or sub-committee of a principal council” shall be construed in accordance with section 100E(3) above;

  • “constituent principal council” shall be construed in accordance with section 100E(4) above;

  • “copy”, in relation to any document, includes a copy made from a copy;

  • “exempt information” has the meaning given by section 100I above;

  • “information” includes an expression of opinion, any recommendations and any decision taken;

  • “newspaper” includes—

(a)a news agency which systematically carries on the business of selling and supplying reports or information to news-papers; and

(b)any organisation which is systematically engaged in collecting news—

(i)for sound or television broadcasts; or

[F333(ii)for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;]

“principal council” shall be construed in accordance with section 100J above.

(2)Any reference in this Part to a meeting is a reference to a meeting held after 1st April 1986]

[F334(3)The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.

F334(4)Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F334S. 100K(3)(4) inserted (E.) (1.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 98(1), 108(4); S.I. 2000/2187, art. 3

Modifications etc. (not altering text)

C195S. 100K applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27 (as amended (W.) (21.5.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), reg. 7(2)(h))

Part VIE+W Discharge of Functions

Modifications etc. (not altering text)

C196Pt. VI (ss. 101-110): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(iv); S.I. 1997/1930, art. 2(1)(2)(m)

101 Arrangements for discharge of functions by local authorities.E+W

(1)Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

(a)by a committee, a sub-committee or an officer of the authority; or

(b)by any other local authority.

[F335(1A)A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.

(1B)Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—

(a)the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or

(b)the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.

(1C)Subsections (1A) and (1B) above do not affect arrangements made by virtue of section 19 of the Local Government Act 2000 (discharge of functions of and by another authority).]

(2)Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

(3)Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.

(4)Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.

(5)Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a)they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b)any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

[F336(5A)Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.

(5B)Subsection (5A) above does not affect arrangements made by virtue of section 20 of the Local Government Act 2000 (joint exercise of functions).]

(6)A local authority’s functions with respect to levying, or issuing a precept for, a rate F337. . . shall be discharged only by the authority.

(7)A local authority shall not make arrangements under this section for the discharge of any of their functions under the M19Diseases of Animals Act 1950 by any other local authority.

[F338(7A)Subsection (7) above does not apply to arrangements as between principal councils in Wales.]

(8)Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a)which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b)which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9)The following enactments, that is to say—

F339(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F341(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 1 of the M20Sea Fisheries Regulation Act 1966;

F342(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)section 2 of the M21Local Authority Social Services Act 1970 (social services committees);

F343(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F344(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are exempted from subsection (8) above.

(10)This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

[F345(10A)In determining what arrangements to make for the discharge of any functions, a principal council in Wales may act as if paragraph (f) were omitted from subsection (9) above.]

F346(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(13)In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, [F347the London Fire and Emergency Planning Authority,][F348any joint authority except a police authority, F349. . .,] a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

(14)Nothing in this section affects the operation of section 5 of the 1963 Act or the M22Local Authorities (Goods and Services) Act 1970.

Textual Amendments

F335S. 101(1A)-(1C) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 3(a) and (W.) (1.4.2002) by S.I. 2002/803, art. 3(a)

F336S. 101(5A)(5B) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 3(b) and (W.) (1.4.2002) by S.I. 2002/803, art. 3(b)

F339S. 101(9)(a) repealed (1.4.1994) by 1993 c. 35, ss. 307(1)(3), 308(3), Sch. 19 para. 49, Sch. 21 Pt. II.; S.I. 1994/507, art. 4, Sch. 2 Appendix (with savings in Sch. 3 Pt. II para. 8(a)(b)(i))

F341S. 101(9)(c) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F344S. 101(9)(h) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F347Words in s. 101(13) inserted (3.7.2000) by 1999 c. 29, s. 332(1) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(e)

Modifications etc. (not altering text)

C197S. 101 extended by Local Government Act 1974 (c. 7), s. 25(4)

Ss. 101-106 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C198S. 101 excluded by Lotteries and Amusements Act 1976 (c. 32, SIF 12:1), s. 6(3) and by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 4(5), 5(5) and by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 45(4)

S. 101 excluded by S.I. 1991/445, reg. 5(4)

S. 101 excluded (1.6.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4),ss. 90(5), 164(3); S.I. 1991/1042, art. 3

S. 101 excluded (17.7.1992) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 316(3)(b) (as inserted by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 20(3)(b)); S.I. 1992/1491, art. 2 (with art. 3))

S. 101 excluded: (17.7.1992) by S.I. 1992/1492, reg. 10; (6.5.1992) by Local Government Act 1992 (c. 19), ss. 5(4), 30(2); (31.1.1995) by S.I. 1995/187, art. 11(3); (1.3.1995) by S.I. 1995/493, art. 20(3); (8.3.1995) by S.I. 1995/600, art. 18(3); (8.3.1995) by S.I. 1995/610, art. 17(2); (1.8.1995) by S.I. 1995/1748, reg. 5(4); (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1867, art. 22(3); (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1876, art. 15(3); (1.6.1997) by S.I. 1997/1160, reg. 15(2); (11.9.1998) by 1998 c. 18, ss. 11(8)(9), 55(2); (25.5.1999) by 1999 c. i, ss. 1(2), 31 (with s. 28)

S. 101 excluded: (E.) (16.11.2000) by S.I. 2000/2853, regs. 2(7), 4(8), 5(5); (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 2(4); S.I. 2000/2849, art. 2(c); (E.) (7.8.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 48(5); S.I. 2000/2187, art. 2(a); S.I. 2000/2948, art. 2; (E.) (19.12.2000) (W.) (19.12.2000 with application in relation to police authorities in W. and otherwise 28.7.2001) by 2000 c. 22, ss. 51(9), 80(4), 108(4); (E.) (2.4.2001) by S.I. 2001/1299, reg. 4; (E.) (18.5.2001) by S.I. 2001/1517, art. 8(3); (W.) (28.7.2001) by S.I. 2001/2284, regs. 8(7), 10(8), 11(5) (as amended (10.2.2003 for W.) by S.I. 2003/155, reg. 2); (W.) (28.7.2001) by S.I. 2001/2291, regs. 2(7), 4(8), 5(5) (as amended (10.2.2003 for W.) by S.I. 2003/153, reg. 2); (E.) (7.11.2001) by S.I. 2001/3384, reg. 5

S. 101 excluded by Greenham and Crookham Commons Act 2002 (c. i), s. 20(1) (with savings in ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)

S. 101 excluded (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 25(8), 73; S.I. 2005/558, art. 2, Sch. 1

C199S. 101 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1(2)( a ) and restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2) ss. 9(8)(a)(10), 195(2)

S. 101 restricted (22.8.1996) by 1996 c. 16, ss. 15(2)(4), 104(1)

C202S. 101: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 101: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 101: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C204S. 101: power to disapply conferred (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 13(12); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b); S.I. 2000/2948, art. 2

C206S. 101(1) excluded (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) (W.) (28.7.2001) by 2000 c. 22, ss. 13(10)(b), 108(4); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b)

C207S. 101(1)(a) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 5(a)

C210S. 101(2)-(4) power to apply or reproduce (with or without modifications) (E.) (7.8.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 19(5); S.I. 2000/2187, art. 2(a); S.I. 2000/2948, art. 2

C212S. 101(3)(4) applied (8.5.2000) by 1999 c. 29, s. 38(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

S. 101(3)(4) applied (8.5.2000) by 1999 c. 29, s. 380(10) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C213S. 101(4) excluded (3.4.1995) by 1994 c. 19, s. 29(1)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 5, 9(2)

C214S. 101(5): power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

S. 101(5): power to restrict conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

C215S. 101(5) modified (8.5.2000) by 1999 c. 29, s. 154(4), Sch. 10 para. 9(1)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

S. 101(5) modified (8.5.2000) by 1999 c. 29, s. 39(1)(2)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

S. 101(5) modified (3.7.2000) by 1984 c. 27, s. 55(8) (as added (3.7.2000) by 1999 c. 29, s. 282(5) (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

S. 101(5) modified (3.7.2000) by 1991 c. 40, s. 73(1A) (as substituted (3.7.2000) by 1999 c. 29, s. 283(2), 425(2) (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C216S. 101(5) restricted (E.) (7.8.2000 for specified purposes, otherwise 26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 13(10)(c), 108(4); S.I. 2000/2187, art. 2(b);

S. 101(5) restricted (W.) (1.4.2002) by 1989 c. 42, S. 9(8A)(b) (as inserted (1.4.2002) by S.I. 2002/808, art. 23(b))

C219S. 101(13) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(i)

Marginal Citations

102 Appointment of committees.E+W

(1)For the purpose of discharging any functions in pursuance of arrangements made under section 101 above [F350or][F351section 53 of the Children Act 1989]—

(a)a local authority may appoint a committee of the authority; or

(b)two or more local authorities may appoint a joint committee of those authorities; or

(c)any such committee may appoint one or more sub-committees.

[F352(1A)For the purpose of discharging any function in pursuance of arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees)—

(a)a local authority may appoint a committee of the authority; or

(b)any such committee may appoint one or more sub-committees.]

(2)Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) [F353or (1A)] above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3)A committee appointed under subsection (1) [F353or (1A)] above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, F354. . .

(4)A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities [F355, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive,] on any matter relating to the discharge of their functions, and any such committee—

(a)may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b)may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5)Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Textual Amendments

F352S. 102(1A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(a) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(a)

F353Words in s. 102(2)(3) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(b) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(b)

F354Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 otherwise 1.8.1990 and 1.1.1991 as provided by S.I. 1990/1552, art. 3, Sch.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 13(8), 194(4), Sch. 12 Pt. II

F355Words in s. 102(4) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(c) and (W.) (1.4.2002) by S.I. 2002/803, art 4(c)

Modifications etc. (not altering text)

C221S. 102: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 1

S. 102: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 102: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C222Ss. 101-106 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C223S. 102 modified (3.7.2000) by 1984 c. 27, s. 55(8) (as added (3.7.2000) by 1999 c. 29, s. 282(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

S. 102 modified (3.7.2000) by 1991 c. 40, s. 73(1A) (as substituted (3.7.2000) by 1999 c. 29, s. 283(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

S. 102 modified (8.5.2000) by 1999 c. 29, s. 39(1)(2)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C225S. 102(1)(b)(c)(2)(3)(5) modified (8.5.2000) by 1999 c. 29, s. 154(4), Sch. 10 para. 9(1)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C227S. 102(2)(5) applied (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(11)

S. 102(2)(5) applied (W.) (28.7.2001) by S.I. 2001/2284, reg. 6(11)

C228S. 102(2)(3) excluded (3.4.1995) by 1994 c. 19, ss. 30(11)(13), 31(9)(11); S.I. 1995/852, art. 5

C229S. 102(2)(5) applied (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(12), 108(4); S.I. 2000/2849, art. 2(a)

C230S. 102(2) applied (with modifications) (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19, 53, Sch. 8 para. 9; S.I. 2009/936, art. 2; S.I. 2009/2540, art. 2

C232S. 102(5) applied (with modifications) (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19, 53, Sch. 8 para. 9; S.I. 2009/936, art. 2; S.I. 2009/2540, art. 2

103 Expenses of joint committees.E+W

The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—

(a)in any case in which those authorities are the councils of parishes [F356or groups of parishes] situated in the same district, by the district council;

[F357(aa)in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area;]and

(b)in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C239S. 103 excluded (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 180(3), 324(1)(c)(3) (with ss. 172(3), 185)

104 Disqualification for membership of committees and joint committees.E+W

(1)Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

(2)A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, F358. . . or other educational institution maintained or assisted by a local education authority be disqualified for being a member of any committee of any local authority—

(a)appointed [F359wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities]; or

(b)appointed for purposes connected with the execution of the M23Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

(3)Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

(4)In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

[F360(5)In the application of this section to the London Fire and Emergency Planning Authority, the reference to a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be treated as if it included a reference to a person who is disqualified under section 21 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly.]

Textual Amendments

F360S. 104(5) inserted (3.7.2000) by 1999 c. 29, s. 332(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(e)

Modifications etc. (not altering text)

C243S. 104 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

Marginal Citations

105 Disability for voting on account of interest in contracts, etc.E+W

Sections 94 to 98 above shall apply as respects members of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), whether the committee or joint committee are appointed or established under this Part of this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a)references to meetings of any such committee shall be substituted for references to meetings of the local authority; and

(b)in the case of members of a committee of a local authority of any sub-committee the right of persons who are members of the committee or sub-committee but not members of the local authority to inspect the book kept under section 96(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.

Modifications etc. (not altering text)

C244S. 105 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(a)

S. 105 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3578, art. 3(1)(a)

C246S. 105 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

S. 105: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

C248S.105 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 105 applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 14(2)(b)

S. 105 applied (temp.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 14(2)(b)

S.105: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Ss. 101-106 applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 101-106 applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 101-106 applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1); S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 101-106 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 103-106 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

106 Standing orders.E+W

Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

Modifications etc. (not altering text)

C254Ss. 101-106 applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Ss. 101-106 applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Ss. 101-106 applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1); S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 101-106 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 103-106 applied from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 106 applied (12.4.1994 with effect between the establishment date and the reorganisation date) by S.I. 1994/867, reg. 11(6)

S. 106 excluded (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 16 para. 15(2) (with s. 1(4), Sch. 39)

S. 106 excluded (1.11.1996) by 1996 c. 56, ss. 423, 583(2), Sch. 33 Pt. II para. 15(2) (with s. 1(4), Sch. 39)

S. 106 applied (4.3.1996) by S.I. 1996/263, reg. 10(5)

S. 106 applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 17(1)

S. 106 applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 17(1)

S. 106: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C257S. 106 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

107 Application of foregoing provisions to police authorities.E+W

(1)Subject to the following provisions of this section—

(a)sections 101 to 103 and 106 above shall apply to a police authority F361. . . as they apply to a local authority;

(b)sections F362. . . 105 above shall apply both to a police authority and a committee of any such authority or authorities as they apply to a committee of a local authority or authorities;

and in their application to the Common Council as police authority those sections [F363and section 104] shall have effect subject to those provisions.

(2)A police authority may not arrange for the discharge of their functions by another police authority, and section 101(1)(b) and (3) above shall not apply to a police authority.

(3)The officers who may discharge the functions of a police authority in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed [F364by] the police authority or one of the police authorities.

[F365(3A)Where pursuant to arrangements made by virtue of subsection (3) above—

(a)a chief officer of police, or

(b)the deputy of a chief officer of police,

may discharge functions of a police authority, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the authority but is not under the authority’s direction and control.]

(4)A police authority may not arrange under section 101 above for the discharge of their functions by a committee or officer as respects part only of their area.

(5)Section 101(10) above shall not apply to a police authority.

(6)Any committee appointed under section 102 above for discharging the functions of one or more police authorities (including any sub-committee) shall consist only of members of the appointing authority or authorities and section 102(3) above shall not apply to committees of police authorities.

(7)Section 103 above, in its application to a joint committee of police authorities, shall have effect as if for paragraphs [F366(a) and (b)] there were substituted the words “ by the Secretary of State ”.

(8)A person shall not be disqualified by virtue of section 104 above for being a member of a police authority or the committee (or any sub-committee) of any such authority or authorities by virtue of his holding any office or employment, except employment [F367by] the police authority or one of the police authorities.

(8A)F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F369(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F370(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F363Words in s. 107(1) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(2)(b); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F364Words in s. 107(3) substituted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(3); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F365S. 107(3A) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 10(4); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F366Words in s. 107(7) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 27(a); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F367Words in s. 107(8) substituted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. Pt. I para. 10(5); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4(1), Sch.

F368S. 107(8A) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 27(b), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C258S. 107 restricted (22.8.1996) by 1996 c. 16, ss. 15(2)(4), 104(1)

S. 107 modified (31.10.1997) by 1997 c. 50, s. 55(8)(9); S.I. 1997/2390, art. 2(1)(2)(m)

108 Committees of parish meetings.E+W

In a parish not having a separate parish council the parish meeting may, subject to any provisons made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.

109 Conferring functions of parish council on parish meeting.E+W

(1)On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.

(2)Two copies of every order made under this section shall be sent by the district council to the Secretary of State.

F371110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Part VIIE+W Miscellaneous Powers of Local Authorities

Modifications etc. (not altering text)

C260Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)

Subsidiary powersE+W

111 Subsidiary powers of local authorities.E+W

(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2)For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

(3)A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(4)In this section “local authority” includes the Common Council.

Modifications etc. (not altering text)

C263S. 111 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

S. 111: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.

C264S. 111 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 111: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 111 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(a)

S. 111: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 111 applied (4.3.1996) by S.I. 1996/263, reg. 16(3)

S. 111: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(v); S.I. 1997/1930, art. 2(1)(2)(m)

C267S. 111(3) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. {93(7)(a)}, 128

StaffE+W

112 Appointment of staff.E+W

(1)Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority’s functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

(2)An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3)Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

(4)Subsection (3) above does not apply to the following officers, that is to say—

F372(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)chief education officers appointed under [F373section 532 of the Education Act 1996];

(c)chief officers and other members of fire brigades maintained under the M24Fire Services Act 1947;

F374(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F372(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the M25Agriculture Act 1970; and

(g)directors of social services appointed under section 6 of the M26Local Authority Social Services Act 1970;

and it is hereby declared that subsection (3) above does not apply . . . F375 to any other person appointed by a local authority to perform a specified function.

(5)Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

(6)Nothing in this section affects the operation of section 5 of the 1963 Act or the M27Local Authorities (Goods and Services) Act 1970.

Textual Amendments

Modifications etc. (not altering text)

C270S. 112 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 112: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch 2.

C271S. 112 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 112: certain functions transferred (10.01.1992) by S.I.1991/2913, art.8(1)(3), Sch.2.

S. 112 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 112: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 112 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 112 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 112: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C273S. 112(2)(5) applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

Marginal Citations

113 Placing of staff of local authorities at disposal of other local authorities.E+W

(1)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

[F376(1A)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with a [F377Strategic Health Authority,][F378Health Authority, Special Health Authority, PrimaryCare Trust][F379or NHS trust]—

(a)for the placing at the disposal of the [F377Strategic Health Authority,][F380Health Authority, Special Health Authority][F379or NHS trust] for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority;

(b)for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the [F377Strategic Health Authority,][F381Health Authority, Special Health Authority][F379or NHS trust];

but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.]

(2)For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

[F382(3)An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities’ functions.]

[F383(4)In subsection (1A) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.][F384and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977]

Textual Amendments

F378Words in s. 113(1A) substituted (8.2.2000) by virtue of S.I. 2000/90, art. 3(1), Sch. 1 para. 10(a)

F380Words in s. 113(1A)(a) substituted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 97(2)(b) (with Sch. 2 paras. 6, 16)

F381Words in s. 113(1A)(b) substituted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 97(2)(c) (with Sch. 2 paras. 6, 16)

F384Words in s. 113(4) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 10(b)

Modifications etc. (not altering text)

C276S. 113 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 113: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

C277S. 113 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 113: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 113 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 113: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 113 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 113 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 113: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

114 Security to be taken in relation to officers.E+W

(1)A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may in the case of any other officer employed by them, take such security, for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2)A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3)A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

Modifications etc. (not altering text)

C281S.114 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S.114: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 114: applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 114 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 114 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 114 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 114 applied (with modifications) (5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 24; S.I. 1995/3131, art. 2, Sch. para. 24; S.I. 1995/3132, art. 2, Sch. para. 24; S.I. 1995/3133, art. 2, Sch. para. 24

S. 114 applied (with modifications) (11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 25; S.I. 1995/3229, art. 2, Sch. para. 25; S.I. 1995/3230, art. Sch. para. 25

S. 114 applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

S. 114 applied (with modifications) (20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 24; S.I. 1996/2916, art. 2, Sch. para. 24; S.I. 1996/2917, art. 2, Sch. para. 24; S.I. 1996/2918, art. 2, Sch. para. 24; S.I. 1996/2919, art. 2, Sch. para. 24; S.I. 1996/2920, art. 2, Sch. para. 24; S.I. 1996/2921, art. 2, Sch. para. 24; S.I. 1996/2922, art. 2, Sch. para. 24; S.I. 1996/2923, art. 2, Sch. para. 24; S.I. 1996/2924, art. 2, Sch. para. 24

S. 114: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

C282S. 114 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 114: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C285Ss. 114-117 applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)

115 Accountability of officers.E+W

(1)Every officer employed by a local authority, whether under this Act or any other enactment, shall at such times during the continuance of his office or within three months after ceasing to hold it, and in such manner as the local authority direct, make out and deliver to the authority, or in accordance with their directions, a true account in writing of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each.

(2)Every such officer shall pay all money due from him to the proper officer of the local authority or in accordance with their directions.

Modifications etc. (not altering text)

C288S. 115 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 115: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

C289S.115 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S.115: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 115 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 115 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 115 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 115 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 115 applied (with modifications) (5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 24; S.I. 1995/3133, art. 2, Sch. para. 24; S.I. 1995/3127, art. 2, Sch. para. 24; S.I. 1995/3131, art. 2, Sch. para. 24

S. 115 applied (with modifications) (11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 25; S.I. 1995/3229, art. 2, Sch. para. 25; S.I. 1995/3230, art. 2, Sch. para. 25

S. 115 applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

S. 115 applied (with modifications) (20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 24; S.I. 1996/2916, art. 2, Sch. para. 24; S.I. 1996/2917, art. 2, Sch. para. 24; S.I. 1996/2918, art. 2, Sch. para. 24; S.I. 1996/2919, art. 2, Sch. para. 24; S.I. 1996/2920, art. 2, Sch. para. 24; S.I. 1996/2921, art. 2, Sch. para. 24; S.I. 1996/2922, art. 2, Sch. para. 24; S.I. 1996/2923, art. 2, Sch. para. 24; S.I. 1996/2924, art. 2 Sch. para. 24

S. 115: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

C292Ss. 114-117 applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)

116 Members of local authorities not to be appointed as officers.E+W

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed [F385or elected] by that authority to any paid office, other than to the office of chairman or vice-chairman [F386or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]. . ..

Textual Amendments

F385Words in s. 116 inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 8(a) and (W.) (1.4.2002) by S.I. 2002/808, art. 8(a)

F386Words in s. 116 inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 8(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 8(b)

Modifications etc. (not altering text)

C295S. 116: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 116: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

C297S. 116 restricted (23.11.1995) by S.I. 1995/2803, art. 19(1), Sch. 6 para. 1

C298S. 116: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

C301Ss. 114-117 applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)

117 Disclosure by officers of interest in contracts.E+W

(1)If it comes to the knowledge of an officer employed, whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall as soon as practicable give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 95 above had he been a member of the authority.

(2)An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3)Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F387level 4 on the standard scale].

(4)References in this section to a local authority shall include references to a joint committee appointed under Part VI of this Act or any other enactment.

Textual Amendments

Modifications etc. (not altering text)

C304S. 117 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S.117: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

C305S.117 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S.117: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 117 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 117 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 117 modified (3.4.1995) by 1994 c. 19, s. 66(7), Sch. 17 para. 10 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

S. 117 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 117 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117)

S. 117 modified (23.11.1995) by 1995/2803, art. 19(1), Sch. 6 para. 2

S. 117 applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

S. 117: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

S. 117 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 71 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

C308Ss. 114-117 applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)

118 Payment of salary, etc., due to mentally disordered person.E+W

(1)Subject to the provisions of this section, the power of a local authority to pay remuneration to their officers shall include power, where the authority are satisfied after considering medical evidence that the person to whom, apart from this section, any sum to which this section applies is payable (hereafter in this section referred to as “the patient”) is incapable, by reason of mental disorder within the meaning of [F388the Mental Health Act 1983], of managing and administering his property and affairs, to pay that sum or such part thereof as the authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the authority think fit—

(a)to or for the benefit of persons who appear to the authority to be members of the patient’s family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or

(b)in reimbursement, with or without interest, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing paragraph.

(2)This section applies to any sum payable by a local authority to an officer or pensioner of the authority, or to the widow or widower of a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contributions made to any superannuation or other fund; and in this subsection the expression “pensioner” includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the local authority.

(3)A local authority shall not in exercise of the powers conferred by subsection (1) above apply in any year in respect of any one person more than £500, or such other sum as may be prescribed.

(4)Before exercising their powers under this section in relation to any patient a local authority shall give to the authority having jurisdiction under [F389Part VII of the said Act of 1983] notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the local authority intend to exercise those powers, and the local authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid; and, except with the approval of the authority having jurisdiction as aforesaid, the local authority shall not make the first payment under this section in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

(5)If at any time the authority having jurisdiction as aforesaid give to the local authority notice in writing that the first-mentioned authority objects to the exercise by the local authority of their said powers in relation to any patient, those powers shall, as from the date of the receipt by the local authority of the notice, cease to be exercisable by the local authority in relation to that patient unless and until the first-mentioned authority withdraws the notice.

(6)A local authority shall be discharged from all liability in respect of any payment or application of money effected by the authority in exercise of their powers under this section.

Textual Amendments

F388Words “the Mental Health Act 1983” substituted (E.W.) for words “the Mental Health Act 1959” by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 32(a)

F389Words commencing “Part VII” substituted (E.W.) for words commencing “Part VIII” by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 32(b)

Modifications etc. (not altering text)

C315S. 118 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 118: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2.

C316S. 118 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 118: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 118 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 118 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 118: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 118 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117)

S. 118 applied (with modifications) (5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 24; S.I. 1995/3133, art. 2, Sch. para. 24; S.I. 1995/3127, art. 2, Sch. para. 24; S.I. 1995/3131, art. 2, Sch. para. 24

S. 118 applied (with modifications) (11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 25; S.I. 1995/3229, art. 2, Sch. para. 25; S.I. 1995/3230, art. 2, Sch. para. 25

S. 118 applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

S. 118 applied (with modifications) (20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 24; S.I. 1996/2916, art. 2, Sch. para. 24; S.I. 1996/2917, art. 2, Sch. para. 24; S.I. 1996/2918, art. 2, Sch. para. 24; S.I. 1996/2919, art. 2, Sch. para. 24; S.I. 1996/2920, art. 2, Sch. para. 24; S.I. 1996/2921, art. 2, Sch. para. 24; S.I. 1996/2922, art. 2, Sch. para. 24; S.I. 1996/2923, art. 2, Sch. para. 24; S.I. 1996/2924, art. 2, Sch. para. 24

S. 118: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

119 Payments due to deceased officers.E+W

(1)If, on the death of any person who is or has been an officer of a local authority, there is due to him or his legal personal representatives from a local authority a sum not exceeding £500 and not being a pension, allowance or gratuity payable by virtue of section 7 of the M28Superannuation Act 1972, the authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer’s personal representatives or to the person, or to or among any one or more of any persons, appearing to the authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the authority, shall be liable to account for the sum paid to him under this subsection.

(2)The authority may, if they think fit, pay out of the said sum the funeral expenses of the officer or so much thereof as they consider reasonable F390. . .

(3)Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the M29Administration of Estates (Small Payments) Act 1965, substituting for references to £500 references to such higher amount as may be specified in the order.

(4)Where provision has been made by regulations under section 7(1)(b) of the said Act of 1972 with respect to the pensions, allowances or gratuities which in certain circumstances are to be, or may be, paid to or in respect of any persons or classes of persons, the Secretary of State may by regulations provide for the application of the foregoing provisions of this section to such of those persons or classes of persons as may be specified in the regulations.

Textual Amendments

Modifications etc. (not altering text)

C320S. 119 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 119: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2.

C321S. 119 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 119: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 119 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 119 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)

S. 119: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 119 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117)

S. 119 applied (with modifications) (5.12.1995) by S.I. 1995/3132, art. 2, Sch. para. 24; S.I. 1995/3133, art. 2, Sch. para. 24; S.I. 1995/3127, art. 2, Sch. para. 24; S.I. 1995/3131, art. 2, Sch. para. 24

S. 119 applied (with modifications) (11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 25; S.I. 1995/3229, art. 2, Sch. para. 25; S.I. 1995/3230, art. 2, Sch. para. 25

S. 119 applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

S. 119 applied (with modifications) (20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 24; S.I. 1996/2916, art. 2, Sch. para. 24; S.I. 1996/2917, art. 2, Sch. para. 24; S.I. 1996/2918, art. 2, Sch. para. 24; S.I. 1996/2919, art. 2, Sch. para. 24; S.I. 1996/2920, art. 2, Sch. para. 24; S.I. 1996/2921, art. 2, Sch. para. 24; S.I. 1996/2922, art. 2, Sch. para. 24; S.I. 1996/2923, art. 2, Sch. para. 24; S.I. 1996/2924, art. 2, Sch. para. 24

S. 119 applied (with modifications) (21.3.1997) by 1997 c. 45, s. 2(4)

S. 119: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vi); S.I. 1997/1930, art. 2(1)(2)(m)

C324Section 119(1) has effect by virtue of S.I. 1984/539, art. 2(i), as if for the reference to £500 there were substituted a reference to £5,000

Marginal Citations

Land transactions — principal councilsE+W

120 Acquisition of land by agreement by principal councils.E+W

(1)For the purposes of—

(a)any of their functions under this or any other enactment, or

(b)the benefit, improvement or development of their area,

a principal council may acquire by agreement any land, whether situated inside or outside their area.

(2)A principal council may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the council’s functions.

(3)Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the M30Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act.

(4)Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5)References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

Modifications etc. (not altering text)

C327S. 120 amended and certain functions transferred by S.I. 1989/304, art. 5(3)(g)(4)

C329S. 120 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 120: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2

C330S. 120 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch.2.

S. 120: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 120: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 120 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(a)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 120 (except subsection 1(b)): power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

C332S. 120(3) applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. {211(6)}, 277(1) (subject to s. 277(2)-(5))

S. 120(3) applied (1.3.2007) by National Health (Wales) Service Act 2006 (c. 42), ss. {159(6)}, 208(1) (subject to s. 208(2)-(5)) (with s. 19(3))

Marginal Citations

121 Acquisition of land compulsorily by principal councils.E+W

(1)Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area.

(2)A council may not be authorised under subsection (1) above to purchase land compulsorily—

(a)for the purpose specified in section 120(1)(b) above, or

(b)for the purpose of any of their functions under the M31Local Authorities (Land) Act 1963, or

(c)for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3)Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and—

(a)the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b)where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4)The [F391Acquisition of Land Act 1981] shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above F392. . ..

Textual Amendments

Modifications etc. (not altering text)

C334S. 121 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 121: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.

S. 121: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

C335S. 121 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 121: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

C337S. 121(1) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

122 Appropriation of land by principal councils.E+W

(1)Subject to the following provisions of this section, a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required for the purpose for which it is held immediately before the appropriation; but the appropriation of land by a council by virtue of this subsection shall be subject to the rights of other persons in, over or in respect of the land concerned.

(2)A principal council may not appropriate under subsection (1) above any land which they may be authorised to appropriate under [F393section 229 of the Town and Country Planning Act 1990] (land forming part of a common, etc.) unless—

(a)the total of the land appropriated in any particular common, . . . F394 or fuel or field garden allotment (giving those expressions the same meanings as in [F395the said section 229]) does not in the aggregate exceed 250 square yards, and

(b)before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulatiing in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

F396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F397(2A)A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(2B)Where land appropriated by virtue of subsection (2A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.]

F398(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section, any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the M32Lands Clauses Consolidation Act 1845 and section 10 of the M33Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

F399(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C338S. 122 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(a)(4) (with ss.7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

123 Disposal of land by principal councils.E+W

(1)Subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish.

(2)Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

[F400(2A)A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

(2B)Where by virtue of subsection (2A) above a council dispose of land which is held—

(a)for the purpose of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.]

F401(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F402(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a)of the grant of a term not exceeding seven years, or

(b)of the assignment of a term which at the date of the assignment has not more than seven years to run,

and in this section “public trust land” has the meaning assigned to it by section 122(6) above.

Textual Amendments

Modifications etc. (not altering text)

C340S. 123 excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 76(11), 137(6), 189(6), 231(7), 235(6)

S. 123 excluded (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 39(8); S.I. 1992/831, art. 2, Sch. 1

S. 123 excluded (1.1.1994) by 1993 c. 35, s. 41(7) (with s. 155(11)); S.I. 1993/3106, art. 4, Sch. 1 (with Sch. 2 para. 7(3))

S. 123 excluded (1.11.1996) by 1996 c. 56, ss. 204(7), 583(2) (with s. 1(4))

S. 123 excluded (1.10.1998) by 1998 c. 31, s. 77(6)(9) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

S. 123 excluded (W.) (1.9.2001) by S.I. 2001/2678, reg. 16, Sch. 4 para. 21(5)

S. 123 excluded by Greenham and Crookham Commons Act 2002 (c. i), s. 18(11) (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)

C341S. 123 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 123 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

C342S. 123: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 123: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 123: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C343S. 123 extended (3.4.1995) by 1994 c. 19, s. 51(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 8, Sch. 4

S. 123 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(a)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C344S. 123: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

C346S. 123 excluded (25.5.2007) by The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 40 46, {Sch. 4 para. 12(5)}

S. 123 restricted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 26(3)(a), 245; S.I. 2007/3136, art. 2(a)

C347S. 123(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(b)

S. 123(2) excluded (1.10.1993) by 1993 c. 35, s. 285; S.I. 1993/1975, art. 9, Sch. 1

S. 123(2) excluded (21.7.1994) by 1994 c. xi, s. 51(1)

S. 123(2) excluded (1.11.1996) by 1996 c. 56, ss. 75, 583(2) (with s. 1(4))

S. 123(2) excluded (1.9.1999) by 1998 c. 31, s. 22(7), Sch. 3 para. 12 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 123(2) excluded (26.7.2002) by Education Act 1996 (c. 56), s. 482(6), Sch. 35A para. 10(2) (as inserted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 Pt. 1 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

C348S. 123(2) applied (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 11(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 123(2) applied (1.4.1995) by S.I. 1995/401, art. 16(2)

C349S. 123(2) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(1)

C350S. 123(2A) applied (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 11(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 123(2A) applied (1.4.1995) by S.I. 1995/401, art. 16(2)

C351S. 123(2A) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(2)

F403123A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Land transactions—parish and community councilsE+W

124 Acquisition of land by agreement by parish and community councils.E+W

(1)For the purposes of—

(a)any of their functions under this or any other public general Act, or

(b)the benefit, improvement or development of their area,

a parish or community council may acquire by agreement any land, whether situated inside or outside their area.

(2)Where under this section a parish or community council are authorised to acquire land by agreement, the provisions of Part I of the M34Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act.

(3)References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

Marginal Citations

[F404125 Compulsory acquisition of land on behalf of parish or community councils.E+W

(1)If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for a purpose for which they are authorised to acquire land other than—

(a)the purpose specified in section 124(1)(b) above, or

(b)a purpose in relation to which the power of acquisition is by an enactment expressly limited to acquisition by agreement,

they may represent the case to the council of the district in which the parish or community is situated.

(2)If the district council are satisfied that suitable land for the purpose cannot be acquired on reasonable terms by agreement, they may be authorised by the Secretary of State to purchase compulsorily the land or part of it; and the Acquisition of Land Act 1981 shall apply in relation to the purchase.

(3)The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by an owner and to the convenience of other property belonging to the same owner and shall, as far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner.

(4)The order shall be carried into effect by the district council but the land when acquired shall be conveyed to the parish or community council; and accordingly in construing for the purposes of this section and of the order any enactment applying in relation to the compulsory acquisition, the parish or community council or the district council, or the two councils jointly, shall, as the case may require, be treated as the acquiring authority.

(5)The district council may recover from the parish or community council the expenses incurred by them in connection with the acquisition of land under this section.

(6)If a parish or community council make representations to a district council with a view to the making of an order under this section and the district council—

(a)refuse to make an order, or

(b)do not make an order within 8 weeks from the making of the representations or such longer period as may be agreed between the two councils,

the parish or community council may petition the Secretary of State who may make the order, and this section and the provisions of the Acquisition of Land Act 1981 shall apply as if the order had been made by the district council and confirmed by the Secretary of State.

(7)In the application of this section to a parish or community council for a group of parishes or communities—

(a)references to the parish or community shall be construed as references to the area of the group, and

(b)if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of the districts acting jointly.]

[F405(8)In relation to Wales—

(a)references in this section to a district council are to be read as references to a principal council; and

(b)references to a district are to be read as references to a principal area.]

Textual Amendments

Modifications etc. (not altering text)

C353S. 125 modified by S.I. 1990/614, art. 3

126 Appropriation of land by parish and community councils and by parish meetings.E+W

(1)Any land belonging to a parish or community council which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the council for any other purpose for which the council are authorised by this or any other public general Act to acquire land by agreement.

(2)In the case of a parish which does not have a separate parish council, any land belonging to the parish meeting which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the parish meeting for any other purpose approved by the Secretary of State.

(3)The appropriation of land by virtue of this section by a parish or community council or by a parish meeting shall be subject to the rights of other persons in, over or in respect of the land concerned.

(4)Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land which they may be authorised to appropriate under [F406section 229 of the Town and Country Planning Act 1990] (land forming part of a common, etc.) unless—

(a)the total of the land appropriated in any particular common, F407. . . or fuel or field garden allotment (giving those expressions the same meanings as in [F408the said section 229]) does not in the aggregate exceed 250 square yards, and

(b)before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

F409. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F410(4A)Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(4B)Where land appropriated by virtue of subsection (4A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.]

F411(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the M35Lands Clauses Consolidation Act 1845 and section 10 of the M36Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

F411(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

127 Disposal of land held by parishes and communities.E+W

(1)Subject to the following provisions of this section, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

(2)Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

[F412(3)Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal in the said subsection (2A).]

(4)Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under [F413the Charities Act 1993].

(5)For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a)of the grant of a term not exceeding seven years, or

(b)of the assignment of a term which at the date of the assignment has not more than seven years to run.

Textual Amendments

F413Words in s. 127(4) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 12(3).

Modifications etc. (not altering text)

C354S. 127 excluded (1.10.1998) by 1998 c. 31, s. 77(6)(9) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

Land transactions—general provisionsE+W

128 Consents to land transactions by local authorities and protection of purchasers.E+W

(1)In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, that consent may be given—

(a)in relation to any particular transaction or transactions or in relation to a particular class of transactions; and

(b)in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and

(c)either unconditionally or subject to such conditions as the Minister concerned may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

(2)Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land, then—

(a)in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and

(b)a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

(3)Notwithstanding that principal councils are authorities to whom Part II of the M37Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council.

(4)In this section “local authority” includes a parish meeting and the parish trustees of a parish.

Modifications etc. (not altering text)

C355S. 128 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 128: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2.

C356S. 128 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 128: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 128 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(b)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 128 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 128: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

S. 128 applied (with modifications) (1.4.2001 (E.) and 1.5.2001 (W.)) by 2000 c. 37, s. 87(6), Sch. 14 para. 6 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

C357S. 128(1) amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

129 Payment of purchase or compensation money by one local authority to another.E+W

(1)With the consent of the Secretary of State, any purchase money or compensation payable in pursuance of the foregoing provisions of this Part of this Act by a local authority in respect of any land acquired from another local authority, being money or compensation which would, apart from this section, be required to be paid into court in accordance with the M38Compulsory Purchase Act 1965, may, instead of being so paid, be paid and applied as the Secretary of State may determine.

(2)A decision of the Secretary of State under this section shall be final.

Modifications etc. (not altering text)

C363S. 129 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 129: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2.

C364S.129 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch.2.

S.129: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 129 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65, 125(2), Sch. 8 para. 1(1)(b)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 129: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

Marginal Citations

130 Acquisition by local authorities of lands belonging to the Duchy of Lancaster.E+W

The Chancellor and Council of the Duchy of Lancaster may sell to a local authority any land belonging to Her Majesty in right of that Duchy which the local authority think fit to purchase, and the land may be granted to the local authority and the proceeds of sale shall be paid and dealt with as if the land had been sold under the authority of the M39Duchy of Lancaster Lands Act 1855.

Modifications etc. (not altering text)

C365S. 130 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 130: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2.

C366S. 130 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch.2.

S. 130: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 130 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65, 125(2), Sch. 8 para. 1(1)(b)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 130: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

Marginal Citations

131 Savings.E+W

(1)Nothing in the foregoing provisions of this Part of this Act or in Part VIII below—

(a)shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the M40Open Spaces Act 1906; or

(b)shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing.

(2)The enactments referred to in subsection (1)(b) above are—

(a)the M41Technical and Industrial Institutions Act 1892;

(b)the Military Lands Acts 1892 to 1903;

F414(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Allotments Acts 1908 to 1950;

(e)the Small Holdings and Allotments Acts 1908 to 1931;

[F415(f)the Ancient Monuments and Archaeological Areas Act 1979]

(g)section 28 of the M42Land Settlement (Facilities) Act 1919;

F416(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F417(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)Part III of the M43Agriculture Act 1970; and

F417(jj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)any local Act (including an Act confirming a provisional order).

F418(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F419(m)the Housing Act 1985]

(3)Nothing in the foregoing provisions of this Part of this Act shall affect the operation of [F420[F421section 36 of the Charities Act 1993] (restrictions on disposition of charity land)] and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in [F421section 36(9)(a) of that Act] (certain statutorily authorised transactions not to require the sanction of the Charity Commissioners).

(4)In this section “local authority” includes a parish meeting and the parish trustees of a parish.

Textual Amendments

F420Words in s. 131(3) substituted (1.1.1993) by Charities Act 1992 (c. 41), s. 78(1), Sch. 6 para. 6(a); S.I. 1992/1900, art. 4, Sch. 3

F421Words in s. 131(3) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 12(4).

Modifications etc. (not altering text)

C367S. 131 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 131: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.

S. 131 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 131 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65, 125(2), Sch. 8 para. 1(1)(b)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 131: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

Marginal Citations

Premises and contractsE+W

132 Provision of offices, etc. by principal councils.E+W

A principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.

Modifications etc. (not altering text)

C368S. 132 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 132: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C369S. 132 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 132: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2

S. 132 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(a) (with ss.7(6), 115, 117, Sch. 8 para. 7)

S. 132: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

133 Provision of parish and community buildings.E+W

A parish or community council may acquire or provide and furnish buildings to be used for public meetings and assemblies or contribute towards the expenses incurred by any other parish or community council or any other person in acquiring or providing and furnishing such a building.

134 Use of schoolroom, etc. in parish or community.E+W

(1)If in a parish there is no suitable public room vested in the parish council or the parish trustees, as the case may be, which can be used free of charge, a suitable room in premises of a school maintained by the local education authority F422. . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a)a parish meeting or any meeting of the parish council, where there is one; or

(b)meetings convened by the chairman of the parish meeting or by the parish council, where there is one; or

(c)the administration of public funds within or for the purposes of the parish where those funds are administered by any committee or officer appointed by the parish council or parish meeting or by the county council or district council.

(2)If in a community there is no suitable public room vested in the community council which can be used free of charge or there is no community council, a suitable room in premises of a school maintained by the local education authority F422. . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a)a community meeting or any meeting of the community council, where there is one; or

(b)meetings convened by the community council, where there is one; or

(c)the administration of public funds within or for the purposes of the community where those funds are administered by any committee or officer appointed by the community council, where there is one, or by the [F423principal council].

(3)Nothing in this section shall authorise—

(a)the use of a room used as part of a private dwelling; or

(b)any interference with the hours during which a room in the premises of a school is used for educational purposes; or

(c)any interference with the hours during which a room used for the purposes of the administration of justice, or for the purposes of the police, is used for those purposes.

(4)If, by reason of the use of a room for any of the purposes mentioned in subsection (1) or (2) above, any expense is incurred by persons having control of the room, or any damage is done to the room or the building of which it is part or to its appurtenances, or to the furniture of the room or any teaching aids, the expense or the cost of making good the damage shall be defrayed as an expense of the parish or community council or parish or community meeting.

(5)If any question arises under this section as to what is reasonable or suitable, it may be determined by the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C371S. 134(1) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 134(1) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C372S. 134(2) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 134(2) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

135 Contracts of local authorities.E+W

(1)A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2)A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3)Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4)A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

Modifications etc. (not altering text)

C373S. 135 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 135: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2

C374S. 135 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. Sch.2.

S. 135: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 135: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 135 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(b) (with ss.7(6), 115, 117, Sch. 8 para. 7)

S. 135: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(viii); S.I. 1997/1930, art. 2(1)(2)(m)

S. 135: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

MiscellaneousE+W

136 Contributions towards expenditure on concurrent functions.E+W

Two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

Modifications etc. (not altering text)

C376S. 136 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1(2)(a)

S. 136: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 136 extended (19.9.1995) by 1995 c. 25, ss. 65, 125(2), Sch. 8 para. 3(1)(c) (with ss.7(6), 115, 117, Sch. 8 para. 7)

S. 136: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ix); S.I. 1997/1930, art. 2(1)(2)(m)

[F424137 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.E+W

(1)A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

(a)for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

(b)unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

(1A)In any case where—

(a)by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and

(b)the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitation or condition.

(2)It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

F425(2A)(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C)A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

F426(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)In subsection (2C) above—

  • “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

  • “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

(3)A local authority may, subject to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b)the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973.

(4)The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

(a)such sum as is for the time being appropriate to the authority under subsection (4AA) below, by

(b)the relevant population of the authority’s area.

(4AA)For the purposes of subsection (4)(a) above, except in so far as the Secretary of State by order specifies a different sum in relation to an authority of a particular description,—

(a)the sum appropriate to a county council or the council of a non-metropolitan district is £2.50;

(b)the sum appropriate to a metropolitan district council, a London borough council or the Common Council is £5.00; and

(c)the sum appropriate to a parish or community council is £3.50.

(4AB)For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4A)For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B)The amounts mentioned in subsection (4A) above are—

(a)the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure);

(b)the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

(c)so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure;

(d)any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

(e)the amount of any repayment in that year of a loan under this section made by the authority in any year; and

(f)the amount of any expenditure—

(i)which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

(ii)which is incurred by the authority in that year and is of a description so specified; or

(iii)which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

[F427(4C)In relation to Wales, subsection (4AA) above shall have effect with the following substituted for paragraphs (a) and (b)—

(a)the sum appropriate to a principal council is £3.80;]

(5)A statutory instrument containing an order under this section may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure, [F428and section 14 of the Audit Commission Act 1998 (rights of inspection) shall apply in relation to any such separate account of a local authority as it applies in relation to any statement of accounts prepared by them pursuant to regulations under section 27 of that Act.].

F429(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F430(9)Subject to subsection (10) below, in this section “local authority” means a parish or community council.

(10)In subsection (3) above “local authority” means—

(a)in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

(b)in relation to Wales, a county council, a county borough council or a community council.]]

Textual Amendments

F424S. 137 amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 36(2)-(8) and has effect as set out in Sch. 2 to that Act

F428Words in s. 137(7) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(4)

F430S. 137(9)(10) substituted for s. 137(9) (18.10.2000 (E.) and 9.4.2001 (W.)) by 2000 c. 22, s. 8; S.I. 2000/2836, art. 2(a); S.I. 2001/1471, art. 2

Modifications etc. (not altering text)

C380S. 137(1)(a) restricted (retrospective to 1.4.1990) by 1985 c. 68, s. 11A (as inserted (retrospective to 1.4.1990) by 1993 c. 28, s. 126, 188(2)(b)).

C382S. 137(4B)(d) amended (28.11.1994) by S.I. 1994/2825, reg. 14(1)(a)

C383S. 137(4B)(f)(iii) amended (28.11.1994) by S.I. 1994/2825, reg. 14(1)(b)

C384S. 137(7) amended (28.11.1994) by S.I. 1994/2825, reg. 14(2)

[F431137A Financial assistance to be conditional on provision of information.E+W

(1)If in any financial year a local authority provides financial assistance—

(a)to a voluntary organisation, as defined in subsection (2D) of section 137 above, or

(b)to a body or fund falling within subsection (3) of that section,

and the total amount so provided to that organisation, body or fund in that year equals or exceeds the relevant minimum, then, as a condition of the assistance, the authority shall require the organisation, body or fund, within the period of twelve months beginning on the date when the assistance is provided, to furnish to the authority a statement in writing of the use to which that amount has been put.

(2)In this section “financial assistance” means assistance by way of grant or loan or by entering into a guarantee to secure any money borrowed and, in relation to any financial assistance,—

(a)any reference to the amount of the assistance is a reference to the amount of money granted or lent by the local authority or borrowed in reliance on the local authority’s guarantee; and

(b)any reference to the date when the assistance is provided is a reference to the date on which the grant or loan is made or, as the case may be, on which the guarantee is entered into.

(3)The relevant minimum referred to in subsection (1) above is £2,000 or such higher sum as the Secretary of State may by order specify.

(4)It shall be a sufficient compliance with a requirement imposed by virtue of subsection (1) above that there is furnished to the local authority concerned an annual report or accounts which contain the information required to be in the statement.

(5)A statement (or any report or accounts) provided to a local authority in pursuance of such a requirement shall be deposited with the proper officer of the authority.

(6)In this section “local authority” includes the Common Council.]

Textual Amendments

Modifications etc. (not altering text)

C385S. 137A amended (28.11.1994) by S.I. 1994/2825, reg. 15

138 Powers of principal councils with respect to emergencies or disasters.E+W

(1)Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a principal council are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the council may—

(a)incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b)make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

[F432(1A)If a principal council are of the opinion that it is appropriate to undertake contingency planning to deal with a possible emergency or disaster which, if it occurred,—

(a)would involve destruction of or danger to life or property, and

(b)would be likely to affect the whole or part of their area,

they may incur such expenditure as they consider necessary on that planning (whether relating to a specific kind of such possible emergency or disaster or generally in relation to possible emergencies or disasters falling within paragraphs (a) and (b) above).]

F433(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F434Nothing in this section authorises] a local authority to execute—

(a)any drainage or other works in any part of a main river, [F435within the meaning of Part IV ’of the Water Resources Act 1991], or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or

(b)any works which local authorities have power to execute under [F435 sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991],

but subject to those limitations, [F436the powers conferred by subsections (1) and (1A) above are] in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

(4)In this section “principal council” includes the Common Council and, until 1st April 1974, the council of an existing county, county borough or county district.

[F437(5)With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and the [F438London Fire and Emergency Planning Authority] may incur expenditure in co-ordinating planning by principal councils in connection with their functions under subsection (1) above.

(6)In this section “contingency planning” means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.]

Textual Amendments

Modifications etc. (not altering text)

139 Acceptance of gifts of property.E+W

(1)Subject to the provisions of this section a local authority may accept, hold and administer—

(a)for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or

(b)for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

(2)Where any such work is executed in connection with a gift made for the benefit of the inhabitants of the area of a local authority or of some part of that area, the cost of executing the work shall be added to any expenditure under section 137 above in computing the limit imposed on that expenditure by subsection (4) of that section.

(3)This section shall not authorise the acceptance by a local authority of property which, when accepted, would be held in trust for an ecclesiastical charity or for a charity for the relief of poverty.

(4)Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of [F439the Education Act 1996].

Textual Amendments

F439Words in s. 139(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 24 (with s. 1(4))

Modifications etc. (not altering text)

C387S. 139 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 139: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C388S. 139 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (2004/1777), {art. 29(1)(d)}

S. 139 modified (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (2004/1778), {art. 29(1)(d)}

140 Insurance by local authorities against accidents to members.E+W

[F440(1)A local authority may enter into a contract of [F441accident insurance] against risks of any member of the authority meeting with a personal accident, whether fatal or not, while engaged on the business of the authority.]

(2)Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member of the authority in respect of an accident to whom that sum is received.

(3)The provisions of the M44Life Assurance Act 1774 shall not apply to any such contract, F442. . .

[F443(3A)References to accident insurance must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(4)In this section, the expression F444. . . “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

Textual Amendments

F441Words in s. 140(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 282(2)

F443S. 140(3A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 282(3)

Modifications etc. (not altering text)

C391S. 140 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 140: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C392S. 140 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 140: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 140 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 140: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 140 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(e) (with ss.7(6), 115, 117, Sch. 8 para. 7)

S. 140 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

S. 140 applied (4.3.1996) by S.I. 1996/263, reg. 16(3)

S. 140: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(x); S.I. 1997/1930, art. 2(1)(2)(m)

C393S. 140 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (2004/1777), {art. 29(1)(e)}

S. 140 modified (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (2004/1778), {art. 29(1)(e)}

Marginal Citations

[F445140A Insurance of voluntary assistants of local authorities.E+W

(1)A local authority may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of the authority meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

(2)In this section

  • “local authority” includes—

(a)a board constituted in pursuance of [F446section 2 of the Town and Country Planning Act 1990]. . .;

(b)the Common Council of the City of London; and

(c)the Council of the Isles of Scilly; and

“voluntary assistant” means a person who, at the request of the local authority or an authorised officer of the local authority, performs any service or does anything otherwise than for payment by the local authority (except by way of reimbursement of expenses), for the purposes of, or in connection with, the carrying out of any of the functions of the local authority.]

Textual Amendments

Modifications etc. (not altering text)

[F447140B Insurance of voluntary assistants of probation committee.E+W

(1)A county council F448. . . may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of a relevant probation committee meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

(2)In this section—

  • “relevant probation committee” means—

(a)in relation to a county council, a probation committee for a probation area wholly or partly within the county; and

(b)in relation to Greater London, a probation committee for a probation area wholly or partly within an outer London borough (within the meaning of section 1 of the 1963 Act); and

“voluntary assistant” means a person who, at the request of an authorised officer of the probation committee, performs any service or does anything otherwise than for payment by the committee (except by way of reimbursement of expenses), for the purposes of, or in connection with, the carrying out of any of the functions of the committee.]

[F449(3)In relation to Wales—

(a)subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and

(b)subsection (2)(a) above shall have effect as if it referred to the area of the principal council.]

Textual Amendments

Modifications etc. (not altering text)

C397S. 140B: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

[F450140C Provisions supplementary to sections 140A, 140B.E+W

(1)The relevant classes of contracts of insurance for the purposes of sections 140A and 140B above are—

[F451(a)contracts of permanent health insurance; and

(b)contracts of accident insurance.]

[F452(1A)Subsection (1) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(2)Any sum received under a contract of insurance made by virtue of section 140A or 140B above shall, after deduction of any expenses incurred in the recovery thereof, be paid by the authority receiving it to, or to the personal representatives of, the voluntary assistant who suffered the accident, disease or sickness in respect of which the sum is received or to such other person as the authority consider appropriate having regard to the circumstances of the case; and a sum paid to any person other than the assistant or his personal representatives shall be applied by that person in accordance with any directions given by the authority for the benefit of any dependant of the voluntary assistant.

(3)The provisions of the Life Assurance Act 1774 shall not apply to any such contract.

(4)Section 119 above shall apply to any sum which is due by virtue of subsection (2) above and does not exceed the amount for the time being specified in section 119(1) above.]

Textual Amendments

F451S. 140C(1)(a)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 283(2)

F452S. 140C(1A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 283(3)

Modifications etc. (not altering text)

141 Research and the collection of information.E+W

(1)[F453The council of a non-metropolitan county] may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning the county or any part of the county and may make, or assist in the making of, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the county, any government department or the public.

(2)The appropriate Minister with respect to any matter may require the council of a county to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the county in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the county, but not the county council, the county council may require that other authority to furnish them with that information.

[F454(3)This section shall have effect in relation to Wales—

(a)as if any reference to a council were a reference to a principal council; and

(b)as if any reference to a county were a reference to a principal area.]

Textual Amendments

Modifications etc. (not altering text)

C400S. 141: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C402S. 141(2) amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

142 Provision of information, etc., relating to matters affecting local government.E+W

(1)A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities [F455mentioned in subsection (1B) below] or by government departments or by charities and other voluntary organisations, and other information [F456relating to the functions of the authority].

[F457(1A)A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.

(1B)The other authorities referred to above are any other local authority, . . . F458 a joint authority established by Part IV of the Local Government Act 1985 and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local or other such authorities.]

(2)A local authority may—

(a)arrange for the publication within their area of information [F459relating to the functions of the authority]; and

(b)arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c)arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d)prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

[F460(2A)A local authority may assist voluntary organisations to provide for individuals—

(a)information and advice concerning those individuals’ rights and obligations; and

(b)assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.]

(3)In this section “local authority” includes the Common Council and “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

[F461(4)This section shall have effect as if any reference to a local authority included a reference to the London Fire and Emergency Planning Authority.]

Textual Amendments

Modifications etc. (not altering text)

C403S. 142 amended by S.I. 1990/1765, art. 4(2)

C404S. 142 modified by S.I. 1990/1765, art. 4(2)(b)

C405S. 142: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 142 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 6 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

143 Subscriptions to local government associations.E+W

(1)A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a)of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b)of any association of officers or members of local authorities which was so formed.

(2)In this section “local authority” includes the Common Council.

Modifications etc. (not altering text)

C406S. 143 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 143: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C407S. 143 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 143: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 143: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 143 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(f) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 143: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xi); S.I. 1997/1930, art. 2(1)(2)(m)

144 Power to encourage visitors and provide conference and other facilities.E+W

(1)A local authority may (either alone or jointly with any other person or body)—

(a)encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and

(b)provide, or encourage any other person or body to provide, facilities for F462. . ., conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

(2)Without prejudice to subsection (1) above, a local authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof.

F463(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F464(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “local authority” includes the Common Council.

Textual Amendments

Modifications etc. (not altering text)

145 Provision of entertainments.E+W

(1)A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say—

(a)the provision of an entertainment of any nature or of facilities for dancing;

(b)the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;

(c)the maintenance of a band or orchestra;

(d)the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;

(e)any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.

(2)Without prejudice to the generality of the provisions of subsection (1) above, a local authority—

(a)may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;

(b)may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;

(c)may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.

(3)Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

(4)Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of intoxicating liquor.

(5)In this section, the expression “local authority” includes the Common Council.

Modifications etc. (not altering text)

C410S. 145 amended and certain functions transferred by S.I. 1989/304, art. 5(3)(h)(4)

C411S. 145(1) applied (16.7.1998) by 1998 c. ii, s. 5(1)(a)

146 Transfer of securities on alteration of area, etc.E+W

(1)Where any securities are standing in the books of a company in the name of a local authority, the following provisions shall have effect—

(a)if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b)if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c)if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the M45Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

[F465(1A)In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council.]

(2)In this section, the expression—

  • “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

  • “local authority” means a local authority within the meaning of the 1933 Act, the M46London Government Act 1939 or this Act or a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, a burial board, a joint burial board or the parish trustees of a parish;

  • [F466“securities” has the meaning given in section 98(1) above]

(3)The jurisdiction of the court under this section may be exercised by the High Court or, in cases in which a county court would have jurisdiction if the application were an application made under the M47Trustee Act 1925, by that court.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

[F467146A Joint Authorities and Inner London Education Authority.E+W

(1)[F468Subject to [F469subsection (1A)] below,] a joint authority [F470, the London Fire and Emergency Planning Authority][F471F472. . . a police authority established under [F473section 3 of the Police Act 1996]][F474and the Metropolitan Police Authority][F475 shall each be] treated—

(a)as [F476a local authority] for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except sub-sections (1)(b) and (2) ), 140, 140A, 140C, 143 and 146 above; and

(b)as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above.

[F477(1A)[F478Neither a] police authority established under [F473section 3 of the Police Act 1996][F479nor the Metropolitan Police Authority]. . . shall F480. . . be treated—

(a)as a local authority for the purposes of section 112, [F481or 139] above, or

(b)as a principal council for the purposes of section 122 above.]

(1AA)F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F483(1B)In their application by virtue of subsection (1) above to a police authority established under section 3 of the Police Act 1996 [F484or the Metropolitan Police Authority], sections 140A and 140C above shall have effect as if—

(a)in the definition of “voluntary assistant” in section 140A(2), the reference to the request of the local authority or an authorised officer of the local authority included a reference to the request of a member of the police force maintained by the police authority, and

(b)section 140C(1)(a) were omitted.

(1C)For the purposes of section 140A above as it applies to a police authority established under section 3 of the M48Police Act 1996 [F485or the Metropolitan Police Authority], a special constable acting as such is not to be treated as a voluntary assistant.]

F486(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F468Words in s. 146A(1) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 11(2)(a); S.I. 1994/2025, art. 6; S.I. 1994/3265, arts. 4, 5, Sch.

F469Words in s. 146A(1) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 28(a)(i); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F470Words in s. 146A(1) inserted (3.7.2000) by 1999 c. 29, s. 333 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(f)

F471Words in s. 146A(1) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 11(2)(b); S.I. 1994/2025, art. 6; S.I. 1994/3265, arts. 4, 5, Sch.

F472Word in s. 146A(1) repealed (3.7.2000) by virtue of 1999 c. 29, s. 423, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F474Words in s. 146A(1) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 28(a)(ii); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F475Words in s. 146A(1) substituted (31.10.1997) by 1997 c. 50, s. 88, Sch. 6 para. 6(2)(b); S.I. 1997/2390, art. 2(2)(v)

F477S. 146(1A) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 11(3); S.I. 1994/2025, art. 6; S.I. 1994/3265, arts. 4, 5, Sch.

F481Words in s. 146A(1A) substituted (21.3.1997) by 1997 c. 45, s. 1(2)

F482S. 146A(1AA) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 28(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F483S. 146A(1B)(1C) inserted (21.3.1997) by 1997 c. 45, s. 1(3)

F486S. 146A(2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C416S. 146A(1) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(j)

C417S. 146A(1) modified by S.I. 1987/2110, art. 2(2) Sch. 1 para. 3(j)

Marginal Citations

Part VIIIE+W Finance

Modifications etc. (not altering text)

C418Pt. VIII (ss. 147–178) modified by S.I. 1983/249, reg. 2, Sch. 4

Expenses and receiptsE+W

F487147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F487S. 147 repealed (21.8.1991) by S.I. 1991/1730, arts. 1, 2(1), Sch.1.

148 Principal councils’ funds and accounts.E+W

F488(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The council of each county shall keep a fund to be known as the county fund F489. . .

F488(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F490(4)All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund.]

(5)Accounts shall be kept of receipts carried to, and payments made out of,

[F491(a)the county fund, in the case of a county, and

(b)the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough;]

, and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.

[F492(5A)Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.

F492(5B)For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.]

[F493(6)This section does not apply in relation to a Welsh county council or county borough council.]

Textual Amendments

F488S. 148(1)(3) repealed (21.8.1991) by S.I. 1991/1730, arts. 1, 2(1), Sch. 1.

F490S. 148(4) substituted (21.8.1991)) by S.I. 1991/1730, arts. 1, 2(2), Sch. 2, Pt. I.

F491S. 148(5): words in s.148(5) substituted (21. 8. 1991) by S.I 1991/1730, arts. 1, 2(2)(b)

Modifications etc. (not altering text)

C420S. 148(4) applied (with modifications) (28.11.1994) by S.I. 1994/2825, reg. 16(1)(b)

C421S. 148(5) applied (28.11.1994) by S.I. 1994/2825, reg. 16(3)

F494149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F494S. 149 repealed (21.8.1991) by S.I. 1991/1730, arts. 1, 2(1), Sch. 1.

150 Expenses of parish and community councils.E+W

F495(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council.

(3)In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the [F496principal area] in which the community is situated.

F497(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Every cheque or other order for the payment of money by a parish or community council shall be signed by two members of the council.

(6)Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be.

(7)References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish or community meeting.

Textual Amendments

F495S. 150(1) repealed (1.4.1993) by S.I. 1993/616, art. 2, Sch. 1 Pt. I (with art. 4).

F497S. 150(4) repealed (21.8.1991) by S.I. 1991/1730, arts. 1, 2(1), Sch. 1.

151 Financial administration.E+W

Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.

Modifications etc. (not altering text)

C422S. 151 amended (28.11.1994) by S.I. 1994/2825, reg. 26(1)

S. 151 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 151 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117)

152 Revenues from undertakings.E+W

Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.

F498153 Application of capital money on disposal of land.E+W

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

Textual Amendments

F499154–167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Miscellaneous provisions as to finance and ratingE+W

168 Local financial returns.E+W

(1)Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—

(a)of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;

[F500(b)in the case of any [F501billing authority]—

(i)of the amount payable to the authority by way of [F502council tax] and non-domestic rates; and

(ii)of the amount paid to any other authority in pursuance of a precept or levy.]

(2)Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3)If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.

(4)The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.

[F503(5)In this section “local authority” means—

[F504(a)a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(aa)F505. . . a combined fire authority, as defined in section 144 of the M49Local Government Finance Act 1988;]

(b)a levying body within the meaning of section 74 of that Act; F506. . .

(c)a body as regards which section 75 of that Act applies]

Textual Amendments

F506Word in s. 168(5) omitted (3.7.2000) by virtue of 1999 c. 29, ss. 109(1), 423, Sch. 34 Pt. I (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 4

Modifications etc. (not altering text)

Marginal Citations

169 Initial expenses of new authorities.E+W

(1)As soon as may be after the first election of councillors for a new principal area, each existing rating authority whose area or part of whose area falls within that new principal area shall, in accordance with arrangements made by the Secretary of State by regulations, cause the appropriate contribution to be paid into the county fund where the new principal area is a county and into the general rate fund where the new principal area is a district.

(2)In subsection (1) above “the appropriate contribution”, in relation to an existing rating area or any part of such an area, means an amount equal to one quarter or such other fraction as the Secretary of State may by order prescribe of the product of a rate of 1p in the pound levied in that rating area, or, as the case may be, that part, for the year 1973-74, being—

(a)in the case of the area of an existing county borough, that product as ascertained for the purposes of Part II of Schedule 1 to the M50Local Government Act 1966;

(b)in a case where that product has been estimated by the rating authority for the purposes of section 12(2) of the M51General Rate Act 1967 (precepts by county councils, etc.), that product as so estimated;

(c)in any other case, that product estimated by the rating authority in the same way as it would fall to be estimated for the purposes of the said section 12(2).

(3)A statutory instrument containing an order under subsection (2) above—

(a)may apply to all existing rating areas or may make different provision in relation to existing rating areas of different descriptions; and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The council of a new area may borrow for the purpose of meeting any expenditure incurred by them before 1st April 1974 and the council of a new district in Wales may borrow for the purpose of lending to the council of a community in the district to enable the latter to meet any expenditure so incurred.

(5)With a view to providing sums which may be transferred by an order under section 254 below to one or more new local authorities any existing authority for an area outside Greater London may include in any rates made or precepts issued by them in respect of the last rate period before 1st April 1974 provision to meet contingencies or defray any expenditure which, if this Act had not been passed, would have fallen to be defrayed by the existing authority on or after that date and before the date on which the moneys to be received in respect of the next subsequent rate or precept would have become available.

Marginal Citations

F507170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F508171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

172 Miscellaneous amendments of enactments relating to finance and rating.E+W

F509. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.

Textual Amendments

Allowances to members of local authorities and other bodiesE+W

173 Attendance allowance and financial loss allowance.E+W

(1)Subject to subsection (6) below, any member of a [F510parish or community council] who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the [F510parish or community council] may determine [F511unless a notice under section 173A below is effective in relation to him].

(2)The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

(3)The amount of any allowance determined by a [F510parish or community council] under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the [F512council] entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

(4)Subject to subsection (6) below, any member of a [F513parish or community council] who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

F514(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

Textual Amendments

F510Words in s. 173 substituted (27.2.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(a); S.I. 1991/344, art.3(1)(2) (with saving in Sch. para. 1(1)(a))

F512Word in s. 173(3) substituted (27.2.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(b); S.I. 1991/344, art.3(1)(2) (with saving in Sch. para. 1(1)(a))

F513Words in s. 173(4) substituted (27.1.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(c); S.I.1991/344,art. 3(1)(2) (with saving in Sch. para. 1(1)(a)(2))

Modifications etc. (not altering text)

C426S. 173 modified by S.I. 1991/351, reg. 23

S. 173 restricted by S.I. 1991/351, reg. 21

S. 173 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 173 extended (1.11.1996) by 1996 c. 56, ss. 423(4), 583(2), Sch. 33 Pt. I para. 4(b) (with s. 1(4))

C427S. 173: power to amend or repeal conferred (1.11.2000 for W. and 19.2.2001 for E.) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

S. 173: power to apply (with modifications) conferred (20.1.2003 for E. and 31.5.2005 for W.) by 1998 c. 31, s. 94(5C) (as substituted by 2002 c. 32, ss. 50, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3(1)(2)); S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(a)))

S. 173: power to apply (with modifications) conferred (20.1.2003 for E. and 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 52(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV

S. 173: power to apply (with modifications) conferred (20.1.2003 for E. and 31.5.2005 for W.) by 1998 c. 31, s. 95(3B) (as substituted for s. 95(3) by 2002 c. 32, ss. 51, 216(4), Sch. 4 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3(3)(4)); S.I. 2005/1395, art. 4, Sch. (with art. 5(1)))

[F515173A Right to opt for financial loss allowance.E+W

(1)If a councillor gives notice in writing to the [F516parish or community council] of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2)A notice under this section is referred to in this section as a “financial loss allowance notice”.

(3)If a councillor gives a financial loss allowance notice to the [F516parish or community council] not later than the end of the period of [F517one month beginning with the day of] his election as a member of the [F518council][F519then, subject to subsection (4A) below], he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

[F520(4)If a councillor gives a financial loss allowance notice to the [F516parish or community council] otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

(4A)If a councillor who has given a [F516parish or community council] a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.]]

Textual Amendments

Modifications etc. (not altering text)

C433S. 173A applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 173A: power to amend or repeal conferred (W.) (1.11.2000) and (E.) (19.2.2001) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

C437S. 173A(3) amended (temp.) by Local Government Act 1986 (c. 10, SIF 81:1, 2), s. 11(7) (the amendment falls by virtue of the repeal of the said s.11 (1.4.1991)by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 194(4), Sch. 12 Pt. II);which was brought into force by S.I. 1991/344, art. 3(2)

174 Travelling allowance and subsistence allowance.E+W

(1)Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F521or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

(2)A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

F522(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C441S. 174 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

S. 174 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 174 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 174 applied (with modifications) (1.4.1999) by 1998 c. 31, s. 94(5), Sch. 24 Pt. I para. 5(1) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

C442S. 174: power to amend or repeal conferred (1.11.2000 (W.) and 19.2.2001 (E.)) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

S. 174: power to apply (with modifications) conferred (20.1.2003 for E. and 31.5.2005 for W.) by 1998 c. 31, s. 94(5C) (as substituted by 2002 c. 32, ss. 50, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3(1)(2)); S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(a)))

S. 174: power to apply (with modifications) conferred (20.1.2003 for E. and 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 52(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV

S. 174: power to apply (with modifications) conferred (20.1.2003 for E. and 31.5.2005 for W.) by 1998 c. 31, s. 95(3B) (as substituted for s. 95(3) by 2002 c. 32, ss. 51, 216(4), Sch. 4 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3(3)(4)); S.I. 2005/1395, art. 4, Sch. (with art. 5(1)))

C449S. 174(1) applied (with modifications) (1.4.1999) by 1998 c. 31, s. 94(5), Sch. 24 Pt. I para. 5(2) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

S. 174(1) applied (with modifications) (E.) (20.1.2003) by The Education (Admissions Appeals Arrangements) (England) Regulations 2002 (S.I. 2002/2899), reg. 7(2)

S. 174(1) applied (with modifications) (E.) (20.1.2003) by The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (S.I. 2002/3178), reg. 6, Sch. para. 3(2)

S. 174(1) applied (with modifications) (W.) (31.5.2005) by The Education (Admission Appeals Arrangements) (Wales) Regulations 2005 (S.I. 2005/1398), reg. 7(2)

S. 174(1) applied (W.) (9.1.2004) by The Education (Pupil Exclusions and Appeals)(Maintained Schools)(Wales) Regulations 2003 (S.I. 2003/3227), reg. 7, {Sch. para. 3(2)}

175 Allowances for attending conferences and meetings.E+W

(1)The following bodies, that is to say—

(a)any local authority;

(b)any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such [F523allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.

(1A)Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a)in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b)in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]

(2)Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3)In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

[F524(3B)[F525In relation to [F526the London Fire and Emergency Planning Authority or] any][F527body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.]

(4)In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

Textual Amendments

F523In s. 175 words and s.175(1A) substituted (1.4.1990 in so far as the substituting provision confers a power on the Secretary of State but otherwise 1.4.1991: S.I. 1990/431, art. 4; S.I. 1991/344, art.3(2)) by Local Government and Housing Act 1989 (c. 42,SIF 81:1),s. 194(1), Sch. 11 para. 27(a)

F527S. 175(3B) substituted (1.4.1991)by Local Government and Housing Act 1989 (c. 42,SIF 81:1 ,2),s. 194(1), Sch. 11 para. 27(b); S.I.1991/344,art. 3(2)

Modifications etc. (not altering text)

C450S. 175 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 5

S. 175 restricted by S.I.1991/351, regs.17,21

S. 175 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 175 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 11(1) (with ss. 7(6), 115, 117)

S. 175 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 175: power to amend or repeal conferred (1.11.2000 (W.) and 19.2.2001 (E.)) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

S. 175 excluded (W.) (9.8.2002) by The Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 (S.I. 2002/1895), reg. 20(3)

C454S. 175(3B) applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 18, Sch. 5 para. 1

S. 175(3B) applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. I para. 1

S. 175(3B) applied (with modifications) (24.3.2005) by S.I. 2005/421, art. 16, Sch. 3 para. 1(1)

176 Payment of expenses of official and courtesy visits, etc.E+W

(1)Subject to subsection (2) below, a local authority may—

(a)defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b)defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2)In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.

[F528(3)In this section “local authority” includes a joint authority [F529and the London Fire and Emergency Planning Authority]. . .]

Textual Amendments

Modifications etc. (not altering text)

C455S. 176 restricted by S.I. 1991/351, reg. 21

S. 176 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 176: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 176 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 176: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 176 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 176 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 11(1) (with ss. 7(6), 115, 117)

S. 176 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 176: power to amend or repeal conferred (1.11.2000 (W.) and 19.2.2001 (E.)) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

S. 176 restricted (W.) (9.8.2002) by The Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 (S.I. 2002/1895), reg. 16(2)

S. 176 restricted (W.) (1.4.2003) by The Local Authorities (Allowances for Members of Community Councils) (Wales) Regulations 2003 (S.I. 2003/895), reg. 12(2)

C460S. 176(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(l)

C461S. 176(3) modified by S.I. 1987/2110, art. 2, Sch. 1 para. 3(1)

177 Provisions supplementary to sections 173 to 176.E+W

[F530F531(1)F532. . . sections 174 and 175 above apply—

(a)to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

(i)the Common Council;

(ii)a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

(iii)without prejudice to section 265 below, the Council of the Isles of Scilly;

(b)to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

(c)to any parish or community council.]

[F530(1A)Subsection (1) has effect without prejudice to the operation of—

(a)regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);

(b)paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and

(c)regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).]

[F533(2)In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]

[F534(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)For the purposes of sections 173 to 176 above F535 . . . a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above [F536or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

F537(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F530S. 177(1A) substituted (20.1.2003 for E. and 31.5.2005 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2005/1395, art. 4 Sch.

F533Words in s.177(2) substituted (16.1.1990 to the extent mentioned in S.I.1989/2445, art.4 otherwise 1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 28(3); S.I. 1991/344, art. 3(2)

Modifications etc. (not altering text)

C462S. 177: In the application of this Act to the Isles of Scilly "and" is inserted at the end of s. 177(1)(a)(i) and the words in s.177(1)(a) after "residuary bodies)"are omitted ( 1.4.1991) by virtue of S.I.1991/446, art.2

C463S. 177 modified by S.I.1985/1884, art.10, Sch.3 para. 3(b)

S. 177 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 177 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 177 applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. I para. 2

C465S. 177(1)(b) applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 18, Sch. 5 para. 2

S. 177(1)(b) applied (with modifications) (24.3.2005) by S.I. 2005/421, art. 16, Sch. 3 para. 1(2)

F538177A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

178 Regulations as to allowances.E+W

(1)The Secretary of State may make regulations as to the manner in which sections 173 to 176 F539 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a)providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b)specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c)providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.

(2)A statutory instrument containing regulations under section 173 [F540or 177] above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F540Words in s. 178(2) substituted (1.4.1991) by Local Government and Housing Act 1989(c. 42,SIF 81:1),s.194(1), Sch.11 para. 29; S.I.1991/344,art.3(2)

Modifications etc. (not altering text)

C468S. 178 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 178 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 178: power to amend or repeal conferred (1.11.2000 (W.) and 19.2.2001 (E.) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

Part IXE+W Functions

GeneralE+W

179 General provision for transfer of functions.E+W

(1)Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—

(a)public general Acts passed before, or during the same session as, this Act; and

(b)instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;

and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

(2)In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.

(3)In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.

(4)In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—

(a)as respects England, as a reference to a parish or, as the case may be, its council or meeting; and

(b)as respects Wales, as a reference to a community or, as the case may be, its council, if any.

The environmentE+W

180 Public health.E+W

(1)For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—

(a)for a district, be the district council;

(b)for a London borough, be the borough council;

(c)for the City, be the Common Council;

(d)for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;

[F541(e)for a Welsh county or county borough, be the county council or county borough council;]

but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.

(2)The M52Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.

(3)This section applies to the following enactments:—

(a)the Public Health Acts 1875 to 1925;

[F542(b)the M53Alkali, &c. Works Regulation Act 1906;]

(c)the M54Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;

[F543(d)section 8 of the M55Local Government (Miscellaneous Provisions) Act 1953;]

(e)Part XIII of the M56Mines and Quarries Act 1954;

F544(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F543(g)section 1 of the M57Noise Abatement Act 1960;]

(h)the M58Public Health Act 1961, except so much of it as falls within section 181(2) below;

F545(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F546(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)section 6 of the M59Chronically Sick and Disabled Persons Act 1970.

(4)Expressions used in this section and Schedule 14 to this Act and in the M60Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

Textual Amendments

F544S. 180(3)(f) repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6.

Marginal Citations

181 Water and sewerage.E+W

(1)For the purposes of the following enactments, that is to say—

(a)Part IV of the M61Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;

(b)the M62Rural Water Supplies and Sewerage Act 1944, so far as relating to water;

(c)section 12 of the M63Local Government (Miscellaneous Provisions) Act 1953;

(d)the M64Water Acts 1945 M65 and 1948 and the M66Water Act 1958;

the local authority shall, for any district, be the district council, and for any London borough, be the borough council [F547and for any principal area in Wales, be the principal council].

(2)For the purposes of the following enactments, that is to say—

(a)[F548sections 15, 17–24, 27, 29–34, 36 and 42] of the M67Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;

(b)the M68Public Health (Drainage of Trade Premises) Act 1937;

(c)the M69Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;

(d)section 13 of the M70Local Government (Miscellaneous Provisions) Act 1953;

(e)sections 12 to 15 and Part V of, and Schedule 2 to, the M71Public Health Act 1961;

the local authority shall for any area outside Greater London be the district council.

F549(3)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An order under section 6 of the M72Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—

(a)subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or

(b)free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.

X1(10)Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.

(11)In this section—

  • “sewerage functions” means functions under any of the enactments mentioned in subsection (2) above; and

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F550

Editorial Information

X1The text of ss. 181(10), 186(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Marginal Citations

182 Town and Country Planning.E+W

F551(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F552(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In that Schedule—

F552(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and

F552(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F552(4)–(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F553183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

184 National Park and countryside functions.E+W

[F554(1)The functions conferred on a local planning authority by or under the National Parks and Access to the M73Countryside Act 1949 and the M74Countryside Act 1968 shall—

(a)as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and

(b)as respects Wales, be exercisable in accordance with [F555subsections (7) and (8) below].]

(2)The following of the said functions, that is to say those conferred by—

(a)Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and

(b)sections 12(5), 13 and 14 of the said Act of 1968;

shall, subject to subsection (3) below F556. . ., be functions of the county planning authority.

(3)The functions of a local planning authority under [F557section 9] of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.

(4)All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, F558. . ., be exercisable both by county planning authorities and district planning authorities.

(5)References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.

F559(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.

(8)In that Schedule “the 1949 Act” and “the 1968 Act” mean the said Acts of 1949 and 1968 respectively.

Textual Amendments

F556Words in s. 184(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F558Words in s. 184(4) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

C470S. 184 excluded (19.9.1995) by 1995 c. 25, ss. 68(1), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

185 Town development.E+W

(1)In the M75Town Development Act 1952 (in this section referred to as “the principal Act”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.

F560(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—

(a)amendments consequential on this Part of this Act, and

(b)amendments incorporating provisions of section 34 of the M76Housing Act 1961 and subsections (1) and (2) of section 61 of the M77London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).

(5)Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.

Textual Amendments

Marginal Citations

186 Traffic and transportation functions.E+W

F561(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F562(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F563(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F561(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F564(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)So much of section 6 of the M78Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—

(a)may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and

(b)may, if they think fit, determine that any such charges shall no longer be made;

and so much of section 1(2) of the M79Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.

(7)In subsection (6) above, “local authority” includes any existing county borough or county district council and the Common Council.

Textual Amendments

F561S. 186(1)(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1.

Marginal Citations

187 Local highway authorities and maintenance powers of district councils.E+W

F565(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)With respect to footpaths and bridleways within their area a district council [F566or, where they are not the highway authority, a Welsh principal council] shall have—

(a)the like powers as a highway authority under section 57(3) of the National Parks and Access to the M80Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and

F565(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F565(4)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

F567188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

189 Commons.E+W

(1)Without prejudice to the making of any new agreement under section 2(2) of the M81Commons Registration Act 1965 (agreement for one local authority to be registration authority for land which spans the boundaries of two or more authorities) any agreement under that section which is in force immediately before 1st April 1974 shall cease to have effect on that day.

X2(2)For subsection (5) of section 8 of the Commons Registration Act 1965 (council in which unclaimed land is to be vested) there shall be substituted the following subsections:—

“(5)Subject to subsection (6) of this section, the local authority in which any land is to be vested under this section is—

(a)if the land is in a parish or community where there is a parish or community council, that council, but, if the land is regulated by a scheme under the Commons Act 1899, only if the powers of management under Part I of that Act are, in accordance with arrangements under Part VI of the Local Government Act 1972, being exercised by the parish or community council;

(b)if the land is in a London borough, the council of that borough; and

(c)in any other case, the council of the district in which,the land is situated.

(6)Where—

(a)any land has been vested in a district council in accordance with subsection (5)(c) of this section, and

(b)after the land has been so vested a parish or community council comes into being for the parish or community in which the land is situated (whether by the establishment of a new council or by adding that parish or community to a group of parishes or communities for which a council has already been established),

then, if the circumstances are such that, had the direction under subsection (3) of this section been given at a time after the parish or community council had come into being, the land would in accordance with subsection (5)(a) of this section have been vested in the parish or community council, the district council shall, if requested to do so by the parish or community council, direct the registration authority to register the parish or community council, in place of the district council, as the owner of the land; and the registration authority shall comply with any such direction.

(7)The council of any district, parish or community affeected by any registration made in pursuance of subsection (6) above shall pay to the other of those councils so affected such sum, if any, as may be agreed between them to be appropriate to take account of any sums received or to be received, or any expenditure incurred or to be incurred, in respect of the land concerned, and, in default of agreement, the question of what sum, if any, is appropriate for that purpose shall be determined by arbitration.”

(3)The references in section 12 of the M82Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—

(a)with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;

(b)with respect to a green or land in a community where there is a community council, as references to the community council;

(c)with respect to any other green or land, as references to the council of the district [F568or Welsh principal area] in which the green or land is situated;

and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district [F569or (as the case may be) area].

X2(4)In section 193(1) of the M83 Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.

Editorial Information

X2The text of s. 189(2)(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Marginal Citations

M831925 c 20.

190 Sites for gipsy encampments.E+W

(1)In section 6 of the M84 Caravan Sites Act 1968 in subsection (1) (duty of local authorities to provide sites for gipsies) the words “county borough” shall be omitted and in subsection (2) of that section (modifications in relation to county boroughs and London boroughs), for the words “county borough” in the first place where they occur, there shall be substituted the words “ metropolitan county ” and after the words “at a time” there shall be inserted the words “ in each district in the county or, as the case may be, in the London borough ”F570. . .

F571(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On an application made before 1st April 1974 by the council of an existing county or county borough, the Secretary of State may, by an order made under and in accordance with section 12 of the M85Caravan Sites Act 1968, designate as an area to which section 10 of that Act applies so much of a new county as comprises the whole or any part of the existing county or county borough.

Textual Amendments

Modifications etc. (not altering text)

C471The text of s. 190(1) isin the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

191 Ordnance survey.E+W

(1)In its application outside Greater London, the M86Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the following modifications.

(2)An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council [F572(or, in Wales, a principal council)] and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.

F573(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)References, in whatever terms, in the 1841 Act—

(a)to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require [F572or, in Wales, the principal council)], and

(b)to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require [F572(or, in Wales, the principal council)].

(5)Without prejudice to section 15 of the 1841 Act (which among other things extends the meaning of the word “county” in that Act) references in that Act to a county include references to any [F574preserved county or] local government area within the meaning of this Act.

Textual Amendments

F573S. 191(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Gp. 1.

Marginal Citations

Education, social and welfare servicesE+W

F575192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F576193, 194.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

195 Social services functions.E+W

(1)Outside Greater London, the local authorities for the purposes of the M87Local Authority Social Services Act 1970 (in this section referred to as “the Act of 1970”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.

(2)In a non-metropolitan county [F577in England] each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.

(3)The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—

(a)proposals approved under section 20 of the M88National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the M89Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and

(b)schemes approved under section 34 of the M90National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),

shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, F578. . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.

(4)Any delegation scheme under section 46 of the M91Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.

(5)Any scheme or regional plan made by a children’s regional planning committee under the M92Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.

(6)The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—

(a)to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and

(b)to give effect to subsection (3) above, as it affects those authorities.

[F579(7)In section 64(1) of the M93National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.]

Textual Amendments

Marginal Citations

M931948 c.29(81:3).

Miscellaneous functionsE+W

F580196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

197 Fire services.E+W

X3(1)The proviso to section 6(1) of the M94 Fire Services Act 1947 (obligation of Secretary of State to obtain consent of county council to a combination scheme made by him where population oil the county exceeds 100,000) shall cease to have effect.

(2)A combination scheme may be made under section 5 of the said Act of 1947 before 1st April 1974 with respect to two or more new counties, but except so far as it relates to the constitution of an authority as the fire authority for the combined area and to the performance by that authority of their functions under subsection (3) below or any functions necessary for bringing the scheme into full operation on that date, the scheme shall not come into force before that date.

(3)Not later than the 1st January 1974 every council of a new county or every new fire authority established for a combined area by any such scheme which will not come into full operation until 1st April 1974 shall prepare and submit to the Secretary of State for his approval an establishment scheme for a fire brigade for the county or combined area under section 19 of the said Act of 1947 to come into force on 1st April 1974, and the Secretary of State shall, not later than 15th March 1974, approve that scheme either as submitted or subject to such modifications as he may direct.

F581(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X3(5)In section 10 of the M95 Fire Services Act 1947, as amended by Schedule 8 to the M96 Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”F582. . .

Editorial Information

X3The text of s. 197(1)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Modifications etc. (not altering text)

C472 “the said Act of 1947” means Fire Services Act 1947 (c. 41)

Marginal Citations

F583198, 199.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F584200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F585201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

202 Public transport in passenger transport areas.E+W

F586(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F587. . ., Part II of the M97Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—

(a)to assimilate in certain respects the provisions of the said Part II to those of Part II of the M98Transport (London) Act 1969;

(b)to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and

(c)to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.

(3)F588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F589(4)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Expressions used in this section have the same meanings as in the M99Transport Act 1968.

Textual Amendments

Marginal Citations

F590203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

204 Licensing: licensed premises, cinemas, theatres and refreshment houses.E+W

(1)The [F591principal areas] in Wales shall be the areas for which polls under section 66 of the M100Licensing Act 1964 (Sunday closing in Wales) may be held, but in relation to each such [F592area], until such a poll is held and the decision on the poll takes effect in the [F592area] in accordance with section 67(4) of that Act, the [F593localities in which] subsection (1) of the said section 66 does or does not have effect shall be the same on and after [F5941st April 1996] as before that date.

(2)Any reference in Part VII of the M101Licensing Act 1964 (licensing planning areas) to a local planning authority shall [F595(except in relation to Wales)] be construed as a reference to a district planning authority only.

(3)In the case of premises situated outside Greater London, notice of an application for a justices’ licence under Schedule 2 to the M102Licensing Act 1964 shall be given to the proper officer of the district council [F596or, in Wales, of the principal council] instead of to the clerk to the rating authority.

(4)In consequence of the preceding provisions of this section and of section 217 below, the M103Licensing Act 1964 shall have effect subject to the amendments specified in Part I of Schedule 25 to this Act.

F597(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 18(1) of the M104Theatres Act 1968, in the definition of “licensing authority”, for paragraph (b) there shall be substituted the following paragraph:—

“(b)as respect premises in a district in England or Wales, the council of that district;”F598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F599(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The provisions of Part II of Schedule 25 to this Act shall have effect for the purpose of conferring a right of appeal with respect to licences under the M105Home Counties (Music and Dancing) Licensing Act 1926; and any reference in that Part of that Schedule—

(a)to the 1926 act is a reference to the said Act of 1926, or

(b)to a licence is a reference to a licence under section 3 of the 1926 Act.

(9)In section 2(2) of the M106 Late Night Refreshment Houses Act 1969 (licensing authorities under that Act) for the words “county and county borough councils” there shall be substituted the words “ district councils ”.

Textual Amendments

Modifications etc. (not altering text)

C473The text of s. 204(9), 208(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F600205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F600S. 205 repealed by Rent Act 1977 (c. 42, SIF 75:3), s. 155, Sch. 25 (subject to the savings and transitional provisions in Sch. 24)

206 Public libraries and museums (England).E+W

The local authorities for the purposes of the M107Public Libraries and Museums Act 1964 in England shall be county councils, F601. . ., London borough councils, district councils, the Common Council and the Council of the Isles of Scilly and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—

(a)the council of a non-metropolitan county;

(b)the council of a London borough and the Common Council;

(c)the council of a metropolitan district;

shall be a library authority for those purposes.

Textual Amendments

Marginal Citations

F602207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

208 Amendments of Public Libraries and Museums Act 1964.E+W

(1)It shall not be necessary for any local authority within the meaning of the M108Public Libraries and Museums Act 1964 to obtain the consent of the Secretary of State to the provision of a museum or art gallery under section 12(1) of that Act or to the transfer of a museum or art gallery and its collections under section 12(2) of that Act, or to apply for an order under section 15(2) of that Act for the purpose of amalgamating a fund established under that section with a similar fund maintained under a local Act, and accordingly in the said section 15(2) for the words after “aforesaid” there shall be substituted the words “ it may amalgamate the funds, but without prejudice to the effect of any condition attached to any particular gift received by the authority ”.

(2)The powers conferred by section 14 of the said Act of 1964 (contributions to expenses of museums and art galleries) on certain local authorities shall be exercisable by every local authority within the meaning of that Act, whether or not a library authority or maintaining a museum or art gallery.

X4(3)The following additional amendments shall be made in the said Act of 1964—

(a)in section 4(2)(a), after the word “council” there shall be inserted the words “ in Wales ”;

(b)in sections 5(3), 6(5) and (6), 10(2), 11(2) and 21, for the words “non-county borough or urban district”, wherever occurring, there shall be substituted the words “ district in Wales ”;

(c)in the proviso to section 5(3), for the words from “at the request” to “40,000” there shall be substituted the words “ if the Secretary of State thinks fit ”;

(d)in section 6(6), after the word “above” there shall be inserted the words “ or under section 207 of the Local Government Act 1972 ”;

(e)in section 6(7), for the words from the beginning to “above he” there shall be substituted the words “ Where the council of a district in Wales are constituted a library authority under section 207 of the Local Government Act 1972, the Secretary of State ”, and for the words “approved council” there shall be substituted the words “ council so constituted ”;

(f)in section 11(2), the reference to section 60(2) of the M109 Local Government Act 1958 shall be construed as a reference to section 255 below ;

(g)in section 15(1), after the word “maintaining” there shall be inserted the words “ or proposing to provide ” and for the words from “for the time being” onwards there shall be substituted the words “ which the authority maintains or proposes to provide under that section ” ;

(h)in section 16, for the words “local authority” there shall be substituted the words “ library authority ”;

(i)in section 21, in subsections (1) and (3) after the words “county council” there shall be inserted the words “ in Wales ” and in subsection (1) the words from “and expenses” onwards shall cease to have effect;

(j)in section 24(1), for the words “this Act” there shall be substituted the words “ the provisions of this Act relating to libraries ” and for the word “county” there shall be substituted the words “ non-metropolitan county ”;

(k)in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.

Editorial Information

X4The text of s. 204(9), 208(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F603209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

210 Charities.E+W

(1)Where, immediately before 1st April 1974, any property is held, as sole trustee, exclusively for charitable purposes by an existing local authority for an area outside Greater London, other than the parish council, parish meeting or representative body of an existing rural parish in England (but including the corporation of a borough included in a rural district), that property shall vest (on the same trusts) in a new local authority in accordance with subsections (2) to (5) below.

(2)Subject to subsection (3) below, where the property is held by one of the existing authorities specified below, and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority specified below, the area of which comprises the whole or the greater part of that specified area, and where the property is so held but is not held for such a benefit, it shall vest in the new authority specified below, the area of which comprises the whole or the greater part of the area of the existing authority, that is to say—

(a)where the existing authority is a county council, the new authority is the council of the new county;

(b)where the existing authority is the council of a borough or urban district in England, the new authority is the council of the parish constituted under Part V of Schedule 1 to this Act or, where there is no such parish, the council of the district;

(c)where the existing authority is the council of a borough or urban district in Wales, the new authority is the council of the community or, where there is no such council, the council of the district; and

(d)where the existing authority is a rural district council, then, if the rural district is coextensive with a parish, the new authority is the parish council, and in any other case the new authority is the council of the district.

(3)Where the property is held by an existing county council or county borough council for the purposes of a charity registered in the register established under section 4 of the M110Charities Act 1960 in any part of that register which is maintained by the Secretary of State by virtue of section 2 of that Act (educational charities) then—

(a)if the property is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority which is the local education authority for the whole or the greater part of that specified area, and

(b)in any other case, the property shall vest in the new authority which is the local education authority for the whole or the greater part of the area of the existing county council or county borough council by which the property is held.

(4)Where the property is held by the corporation of a borough included in a rural district, it shall vest in the parish council for the parish consisting of the area of the existing borough.

(5)Where the property is held by the parish council, parish meeting or representative body of an existing rural parish in Wales, then—

(a)in the case of property held by an existing parish council, the property shall vest in the community council for the community or group of communities, the area or areas of which are co-extensive with the area of the parish or parishes for which the existing parish council act;

(b)in the case of property held by the parish meeting or representative body of an existing parish the area of which is comprised in a community for which there is a community council, the property shall vest in that community council; and

(c)in any other case, the property shall vest in the council of the district which comprises the area of the existing rural parish.

(6)Where, immediately before 1st April 1974, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, any existing local authority to which subsection (1) above applies, that power shall vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper office of, the corresponding new authority, that is to say, the new authority in which, had the property of the charity been vested in the existing local authority, that property would have been vested under subsections (1) to (5) above.

(7)References in subsection (6) above to a power with respect to a charity do not include references to a power of any person by virtue of being a charity trustee thereof; but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before 1st April 1974 include either an existing local authority to which subsection (1) above applies or the holder of an office connected with such an existing local authority, those trustees shall instead include the corresponding new authority as defined in subsection (6) above or, as the case may require, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.

F604(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F605(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Nothing in the foregoing provisions of this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity and nothing in those provisions shall apply in a case to which section 211 below applies.

(11)In this section the expression “local authority”, in relation to a parish, includes a parish meeting and the representative body of a parish, and the expressions “charitable purposes”, “charity”, “charity trustees”, “court” and “trusts” have the same meanings as in the M111Charities Act 1960.

Textual Amendments

F605S. 210(9) repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch. 7.

Modifications etc. (not altering text)

Marginal Citations

211 Welsh Church funds.E+W

(1)Any property which, immediately before 1st April 1974, is vested in the council of an existing county or county borough in Wales and is required to be applied in accordance with a scheme under section 19 of the M112Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes) shall be vested, by virtue of this Act, in the council of the new county which comprises the whole or the greater part of the area of that existing county or county borough.

(2)Where, by virtue of subsection (1) above, property vested in the council of an existing county becomes vested in the council of a new county which does not comprise the whole of the area of the existing county, the new county council shall transfer an apportioned part of the property to each of the other new county councils whose areas include parts of the area of the existing county.

(3)An apportionment for the purposes of subsection (2) above shall be made by agreement between the new county councils concerned, or, in default of such an agreement, shall be determined by arbitration before a single arbitrator appointed by agreement between those councils or, in default of such an agreement, appointed by the Secretary of State.

(4)The vesting or transfer of any property by virtue of this section shall not affect the application of the property in accordance with the scheme under section 19 of the M113Welsh Church Act 1914 which is applicable to it immediately before 1st April 1974 or the amendment or revocation of any such scheme by a further scheme under that section.

Marginal Citations

F606212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

213 Local licence duties.E+W

(1)The power to levy the duties on the following licences, namely—

F607(a)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F608(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)licences for dealing in game or for killing game,

shall, in England F609. . . outside Greater London, be vested in the councils of districts [F610and, in Wales, be vested in the principal councils].

(2)In accordance with subsection (1) above, section 6 of the M114 Finance Act 1908 (licences for dealing in game and killing game) shall be amended as follows:—

(a)in subsection (1), for the words from “as from” to the end of the subsection there shall be substituted the words “ in England and Wales be vested in the councils of districts ” ;

(b)in subsection (2), the words from “fix” to “transfer, and may” shall be omitted, for the words “county councils” there shall be substituted the words “ district councils ”, and the words from “The transfer under this section” to “any such adjustment” shall be omitted and at the end of the subsection there shall be added the words “ and as if any reference in those provisions to a county council were a reference to a council having power to levy those duties after Ist April 1974 ”; and

(c)for subsection (5) there shall be substituted the following subsection:—

“(5)In relation to Greater London, references in this section to a district council shall be construed as references to the council of a London borough or the Common Council of the City of London”.

F611(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In accordance with subsection (1) above, in subsection (1) of section 7 of the M115 Dog Licences Act 1959 for the words “counties and county boroughs” there shall be substituted the words “ districts and London boroughs and the Common Council of the City of London ” and in subsection (2) of that section for the words “counties and county boroughs” there shall be substituted the words “ districts and London boroughs and the City of London ”.

Textual Amendments

Modifications etc. (not altering text)

C475S. 213: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C476The text of s. 213(2)(a)–(c)(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

214 Cemeteries and crematoria.E+W

(1)The following authorities, that is to say, the councils of [F612Welsh counties, county boroughs] districts, London boroughs, parishes and communities, the Common Council and the parish meetings of parishes having no parish council, whether separate or common, shall be burial authorities for the purposes of, and have the functions given to them by, the following provisions of this section and Schedule 26 to this Act; and—

(a)the powers conferred by the Burial Acts 1852 to 1906 to provide burial grounds shall cease to be exercisable; and

(b)any existing burial board, joint burial board or joint committee with the powers of such a board established under the M116Burial Act 1852 or section 53(2) of the M117Local Government Act 1894 or by any local statutory provision shall cease to exist.

(2)Burial authorities may provide and maintain cemeteries whether in or outside their area.

(3)The Secretary of State may by order make provision with respect to the management, regulation and control of the cemeteries of burial authorities and any such order may—

(a)impose a fine for any contravention of the order; and

(b)contain such provision amending or repealing any enactment (including any enactment in Schedule 26 to this Act) or revoking any instrument made under any enactment as appears to the Secretary of State to be necessary or proper in consequence of the order.

(4)An order under this section may only be made after consultation with associations appearing to the Secretary of State to be representative of local authorities and with other bodies appearing to him to be concerned, and any such order shall be of no effect unless approved by a resolution of each House of Parliament.

(5)A burial authority within the meaning of this section, other than a parish meeting, shall also be a burial authority for the purposes of the M118Cremation Acts 1902 M119 and 1952.

(6)A burial authority may contribute towards any expenses incurred by any other person in providing or maintaining a cemetery in which the inhabitants of the authority’s area may be buried.

(7)Schedule 26 to this Act shall have effect with respect to the exercise of functions of burial authorities and the management of cemeteries and crematoria and for making amendments and modifications of the enactments relating to cemeteries and crematoria.

(8)In this section and that Schedule “cemetery” includes a burial ground or any other place for the interment of the dead (including any part of any such place set aside for the interment of a dead person’s ashes).

Textual Amendments

Marginal Citations

215 Maintenance of a closed churchyard.E+W

(1)Subject to subsection (2) below, where outside the area subject to the M120Welsh Church Act 1914 a churchyard has been closed by an Order in Council, the parochial church council shall maintain it by keeping it in decent order and its walls and fences in good repair.

(2)A parochial church council which is liable under subsection (1) above to maintain a closed churchyard may—

(a)if the churchyard is in a parish or community having a separate parish or community council, serve a written request on that council to take over the maintenance of the churchyard;

(b)if the churchyard is in a parish not having a separate parish council, serve such a request on the chairman of the parish meeting;

(c)if the churchyard is in a community not having a separate community council, serve such a request on the council of the [F613county or county borough] in which the community is situated; or

(d)if the churchyard is in England elsewhere than the City and the Temples and is not in any parish, serve such a request on the council of the district or London borough in which the churchyard is situated;

and, subject to subsection (3) below, the maintenance of the churchyard shall be taken over by the authority on whom the request is served or the parish meeting, as the case may be, three months after service of the request.

(3)If, pursuant to subsection (2) above, a request is served on a parish or community council or the chairman of a parish meeting and, if that council or meeting so resolve and, before the expiration of the said three months, give written notice of the resolution to the council of the [F614district, Welsh county or (as the case may be) county borough] and to the parochial church council maintaining the churchyard, the [F615local authority to whom the notice is given] , and not the parish or community council or parish meeting, shall take over the maintenance of the churchyard at the expiration of the said three months.

(4)Where before the passing of this Act a church council established under the constitution of the Church in Wales, in purported exercise of the powers conferred by section 18 of the M121Burial Act 1855 (maintenance of closed churchyard payable out of rates), issued a certificate with respect to a closed churchyard to a local authority, and that authority thereupon took over the maintenance of the churchyard, the authority’s action shall be deemed to have been lawful for all purposes, and the authority for the time being responsible for the maintenance of the churchyard shall have the like duty with respect to its maintenance as a parochial church council elsewhere than the area subject to the M122Welsh Church Act 1914.

(5)In subsection (1) above, “the area subject to the M123Welsh Church Act 1914” means the area in which the Church of England was disestablished by that Act.

Textual Amendments

Marginal Citations

Part XE+W Judicial and Related Matters

216 Adaptation of law relating to old counties.E+W

(1)For the purposes of commissions of the peace and the law relating to justices of the peace, magistrates’ courts, the custos rotulorum, lieutenants, sheriffs and matters connected with any of those matters, new counties shall, without prejudice to section 179(1) above, be substituted for counties of any other description.

(2)For the purposes of this section and sections F616. . . , 218 and 219 below the Isles of Scilly shall be deemed to form part of the county of Cornwall.

Textual Amendments

217

F617(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F618(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F617(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F618(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F619(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F620218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

219 Sheriffs and under-sheriffs.E+W

(1)Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London.

F621(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The rights of Her Majesty in right of the Duchy of Lancaster in relation to the appointment of high sheriffs shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire F622. . ..

(4)The Lord Chancellor may by order prescribe the area for which each under-sheriff is to act.

(5)Where the area for which an under-sheriff acts is situated in two or more counties, the duty imposed by section 23 of the M124Sheriffs Act 1887 of appointing the under-sheriff for that area shall be discharged by the high sheriff of the county containing the greater part of that area, after consulting any other high sheriff concerned, and if any question arises as to which county contains the greater part of an under-sheriff’s area, it shall be determined by the Lord Chancellor.

References in this subsection to a county include references both to Greater London and to the City (including the Temples).

(6)An under-sheriff shall as respects the area for which he acts be treated as the high sheriff’s deputy for the purpose of all the high sheriff’s functions, except his functions as returning officer at parliamentary elections.

(7)No privileges or duties of a sheriff shall be exercisable under section 34 of the M125Sheriffs Act 1887 or otherwise by the bailiff of a franchise.

(8)In this section [F623“county” has the same meaning as in the Sheriffs Act 1887 and]“Greater London” does not include the City or the Temples.

[F624(9)In subsections (1) and (5) above “county”, in relation to Wales, means a preserved county.]

Textual Amendments

F621S. 219(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Gp. 1.

F622Words in s. 219(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Gp. 1.

F623Words in s. 219(8) inserted (1.4.1996) by S.I. 1995/1748, regs. 1(2), 8(2)

Marginal Citations

F625220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

221 Abolition of borough civil courts.E+W

(1)There are hereby abolished the inferior courts of record specified in Schedule 28 to this Act, being courts having a jurisdiction defined, or originally defined, by reference to a city, borough or similar area which, after 1st April 1974, no longer exists in that form as a unit of local government (whether it ceases to do so by virtue of this Act or has ceased to do so at some time before the passing of this Act).

(2)Her Majesty may by Order in Council make such transitional and consequential provisions as appear to Her expedient in consequence of the abolition of any court by this section.

Part XIE+W General Provisions as to Local Authorities

Legal proceedingsE+W

222 Power of local authorities to prosecute or defend legal proceedings.E+W

(1)Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—

(a)they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and

(b)they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.

(2)In this section “local authority” includes the Common Council [F626and the London Fire and Emergency Planning Authority] .

Textual Amendments

Modifications etc. (not altering text)

C477S. 222 amended by S.I. 1990/1765, art. 4(3)

C478S. 222 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 222: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C479S. 222 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 222: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 222 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(g) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

223 Appearance of local authorities in legal proceedings.E+W

(1)Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates’ court shall be entitled to prosecute or defend or to appear in any such proceedings, and, notwithstanding anything contained in [F627the M126Solicitors Act 1974], to conduct any such proceedings although he is not a solicitor holding a current practising certificate.

(2)In this section “local authority” includes the Common Council [F628, a joint authority [F629, the Greater London Authority][F630and][F631, a police authority established under [F632section 3 of the Police Act 1996][F633and the Metropolitan Police Authority]]. . .]. . ..

Textual Amendments

F629Words in s. 223(2) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 2

F630Word in s. 223(2) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 17(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F631Words in s. 223(2) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 12; S.I. 1994/2025, art. 6 and S.I. 1994/3262, arts. 4, 5, Sch.

F633Words in s. 223(2) substituted (1.4.2002) by 2001 c. 16, ss. 128, 138(2), Sch. 6 para. 29; S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C482S. 223 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 223: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

C483S. 223 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 223: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 223 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(f) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 223 amended (3.1.1995) by 1994 c. 40, ss. 76, 82(2), Sch. 16 para. 3

S. 223 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(d)

S. 223 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(g) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 223 applied (18.7.1996) by S.I. 1996/1880, art. 76

S. 223: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xii); S.I. 1997/1930, art. 2(1)(2)(m)

C487S. 223(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(m)

C488S. 223(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(m)

Marginal Citations

Documents and notices, etc.E+W

224 Arrangements by principal councils for custody of documents.E+W

[F634(1)]Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county, a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.

[F635(2)This section applies to a joint authority . . . F636 as it applies to a principal council.]

[F637(3)In subsection (1) above “county”, in relation to Wales, means a preserved county.]

Textual Amendments

Modifications etc. (not altering text)

C490S. 224 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 224: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C491S. 224 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 224 : certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 224 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 224 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 224 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 224 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 224 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

225 Deposit of documents with proper officer of authority, etc.E+W

(1)In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.

(2)All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the [F638principal council].

[F639(3)In this section “local authority” includes a joint authority F640. . ..]

Textual Amendments

Modifications etc. (not altering text)

C496S. 225 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2.

S. 225: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C497S. 225 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 225: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

S. 225 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 225 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 225 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 225 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 225 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C499S. 225(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C500S. 225(3) modified by S.I. 1987/2110, art. 2 (2), Sch. 1 para. 3(n)

226 Custody of parish and community documents.E+W

(1)All specified papers of a parish or community shall—

(a)in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and

(b)in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;

but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the [F641principal council] in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.

(2)Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the M127Local Government Act 1894, or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.

(3)Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—

(a)in a parish or community having a separate parish or community council, that council;

(b)in any other parish, the parish meeting;

(c)in any other community, the [F641principal council]; and

(d)in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;

shall have reasonable access to the documents mentioned in subsection (2) above.

(4)Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in [F642Wales or in] a [F643metropolitan district,] London borough or the City, be determined by the Secretary of State and in any other case by the county council.

(5)[F644The council of every county or metropolitan district] shall from time to time enquire into the manner in which specified papers under the control of a parish F645. . . or parish meeting [F646in their area] are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish F645. . . or parish meeting.

[F647(6)Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.]

Textual Amendments

F646Words inserted by Local Government Act 1985 (c. 51, SIF 81:1) s. 16, Sch. 8 para. 22(2)(b)

Modifications etc. (not altering text)

C501S. 226 modified (07.08.1991) by S.I.1991/1773, art. 8(2), Sch. 2.

S. 226: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2

Marginal Citations

227 Provision of depositories for parish and community documents.E+W

(1)In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish F648. . . is situated [F649or the council of the principal area in which the community is situated], shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.

(2)In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish F648. . . is situated [F649or the council of the principal area in which the community is situated] shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.

Textual Amendments

Modifications etc. (not altering text)

C502S. 227 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2

S. 227: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2

228 Inspection of documents.E+W

(1)The minutes of proceedings of a [F650parish or community council] shall be open to the inspection of any local government elector for the area of the [F650the council] and any such local government elector may make a copy of or extract from the minutes.

(2)A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.

(3)The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.

F651(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.

(6)A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.

(7)If a person having the custody of any such document—

(a)obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b)refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding [F652level 1 on the standard scale].

[F653(7A)This section shall apply to the minutes of proceedings and the accounts of a joint authority [F654or a police authority established under [F655section 3 of the Police Act 1996][F656or the Metropolitan Police Authority]. . . ]. . . as if that authority were a local authority and as if, F657. . ., references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.]

(8)This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a [F658parish council].

[F659(9)In relation to the Broads Authority, the references in this section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.]

Textual Amendments

F654Words in s. 228(7A) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 13; S.I. 1994/2025, art. 6 and S.I. 1994/3262, arts. 4, 5, Sch.

Modifications etc. (not altering text)

C503S. 228 modified (7.8.1991) by S.I.1991/1773, art.8(2), Sch. 2

S. 228: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 228 applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

S. 228 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(b)

S. 228 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 228: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiii); S.I. 1997/1930, art. 2(1)(2)(m)

S. 228 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C505S. 228(2)(3) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 5(c)

C506S. 228(7A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C507S. 228(7A) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

229 Photographic copies of documents.E+W

(1)Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2)Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3)Subsection (1) above shall not apply to any document deposited with a local authority under the M128Public Records Act 1958.

(4)In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.

(5)A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.

(6)The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.

(7)A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

(8)In this section “court” and “legal proceedings” have the same meanings as in the M129Civil Evidence Act 1968 [F660and “local authority” includes a joint authority [F661and a police authority established under [F662section 3 of the Police Act 1996][F663and the Metropolitan Police Authority]]. . . F664. . .]

Textual Amendments

F661Words in s. 229(8) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.

Modifications etc. (not altering text)

C509S. 229 modified (7.8.1991) by S.I.1991/1773, art.8(2), Sch. 2

S. 229: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2

S. 229 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 229 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 229 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 229 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 229: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiii); S.I. 1997/1930, art. 2(1)(2)(m)

S. 229 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C511S. 229(8) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C512S. 229(8) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

Marginal Citations

230 Reports and returns.E+W

[F665(1)]Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.

[F666(2)In this section “local authority” includes a joint authority F667. . ..]

Textual Amendments

Modifications etc. (not altering text)

C515S. 230 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2

S. 230: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch.2

S. 230 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 230 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 230 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 230 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

231 Service of notices on local authorities, etc.E+W

(1)Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.

(2)Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.

(3)The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.

[F668(4)In this section “local authority” includes a joint authority [F669and a police authority established under [F670section 3 of the Police Act 1996][F671and the Metropolitan Police Authority]]. . . F672. . ..]

Textual Amendments

F669Words in s. 231(4) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.

Modifications etc. (not altering text)

C520S. 231 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2

S. 231: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2

S. 231 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 231 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 231: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)

S. 231 (except subsection (2)) applied (28.7.1998) by 1998 c. iv, s. 39

S. 231 extended (1.10.1998) by 1975 c. 70, s. 25 (as substituted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 para. 9; S.I. 1998/2244, art. 4)

S. 231 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C524S. 231(4) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C525S. 231(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

232 Public notices.E+W

(1)Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a)by posting the notice in some conspicuous place or places within the area of the local authority; and

(b)in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.

[F673(1A)In subsection (1) above “local authority” includes a joint authority [F674and a police authority established under [F675section 3 of the Police Act 1996][F676and the Metropolitan Police Authority]]. . . F677. . ..]

(2)This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.

Textual Amendments

F674Words in s. 232(1A) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(c); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.

F675Words in s. 232(1A) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. I para. 1(1)(2)(h)

F676Words in s. 232(1A) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 33 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Modifications etc. (not altering text)

C527S. 232 modified (7.8.1991) by S.I.1991/1773 art. 8(2), Sch. 2

S. 232: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2

S. 232 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 232 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 232 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 232: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)

S. 232 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C529S. 232(1A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C530S. 232(1A) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

233 Service of notices by local authorities.E+W

(1)Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.

(2)Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3)Any such document may—

(a)in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b)in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4)For the purposes of this section and of section 26 of the M130Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—

(a)in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b)in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(5)If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the M131Interpretation Act 1889 as his proper address.

F678(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(8)This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.

(9)The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.

(10)Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

[F679(11)In this section “local authority” includes a joint authority [F680and a police authority established under [F681section 3 of the Police Act 1996]][F682and the Metropolitan Police Authority]. . . F683. . ..]

Textual Amendments

F680Words in s. 233(11) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(d); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.

Modifications etc. (not altering text)

C531S. 233 extended by Housing Act 1974 (c. 44), s. 126(6); and saved by Reservoirs Act 1975 (c. 23), ss. 15(4), 29(1); S.I. 1985/176, 1986/466, 1986/2202

C532S. 233 applied by S.I. 1978/932, art. 16 and by S.I. 1990/582, reg. 47(2)

S. 233 applied (18.1.2005) by Housing Act 2004 (c. 34), ss. 246(9), 270

C534S. 233 modified (7.8.1991) by S.I.1991/1773 art. 8(2), Sch. 2

S. 233: certain functions transferred (7.8.1991) by S.I.1991/1773, art.8, Sch. 2

S. 233 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 233 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)

S. 233: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)

S. 233 (except subsection (8)) applied (28.7.1998) by 1998 c. iv, s. 39

S. 233 extended (1.10.1998) by 1975 c. 70, s. 25 (as substituted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 9; S.I. 1998/2244, art. 4)

S. 233 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C537S. 233(11) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C538S. 233(11) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

Marginal Citations

234 Authentication of documents.E+W

(1)Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.

(2)Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

(3)Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

[F684(4)In this section “local authority” includes a joint authority [F685and a police authority established under [F686section 3 of the Police Act 1996]][F687and the Metropolitan Police Authority]. . . F688. . ..]

Textual Amendments

F685Words in s. 234(4) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(e); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.

Modifications etc. (not altering text)

C539S. 234 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 5(d)

C540S. 234 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2

S. 234: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2

S. 234 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 234: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)

S. 234 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C542S. 234(4) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)

C543S. 234(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)

ByelawsE+W

235 Power of councils to make byelaws for good rule and government and suppression of nuisances.E+W

(1)The council of a district [F689the council of a principal area in Wales] and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district [F690principal area] or borough, as the case may be, and for the prevention and suppression of nuisances therein.

(2)The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3)Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

Textual Amendments

Modifications etc. (not altering text)

C545S. 235 functions made exercisable concurrently (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I 2004/1777), {art. 25(2)(xii)}

S. 235 functions made exercisable concurrently (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I 2004/1778), {art. 25(2)(xii)}

236 Procedure etc., for byelaws.E+W

(1)Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority under this Act [F691and to byelaws made by a local authority, [F692the Greater London Authority][F693,Transport for London][F694or a metropolitan county passenger transport authority] under any other enactment and conferring on the authority] a power to make byelaws and for which specific provision is not otherwise made.

(2)This section shall not apply to byelaws made F695. . . by the Civil Aviation Authority under [F696section 29 of the Civil Aviation Act 1982].

(3)[F697Subject to subsection (3A) below, the] byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish or community council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.

[F698(3A)Byelaws made by the Greater London Authority shall be made under the hand of the Mayor and shall not have effect until they are confirmed by the confirming authority.]

(4)At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.

(5)For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

(6)The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7)The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.

(8)A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.

(9)The proper officer of a district council [F699or in Wales of a principal council]shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish or community to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish or community council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish or community.

A copy so deposited shall at all reasonable hours be open to public inspection without payment.

(10)The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.

[F700(10A)Subsection (10) above does not apply to a principal council in Wales.]

[F701(10B)The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.]

[F702(10C)Transport for London shall send a copy of every byelaw made by it, and confirmed, to—

(a)the Mayor of London;

(b)each London Borough Council; and

(c)the Common Council.]

(11)In this section the expression “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.

Textual Amendments

F697Words in s. 236(3) substituted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 3(2)

Modifications etc. (not altering text)

C546S. 236 applied by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 98(2)

S. 236 applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), s. 66(5) (with ss. 67(3)(5)(8), 72(6)(8), 74(3)(4))

Ss. 236-238 applied (12.3.1991) by S.I. 1991/993, art. 3(3)

Ss. 236-238 applied (with modifications) (5.11.1993) by S.I. 1993/2733, art. 3(4) (with arts. 22, 23).

S. 236 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)

S. 236 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)

S. 236 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)

S. 236 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)

S. 236 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)

S. 236 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)

S. 236 applied by Greenham and Crookham Commons Act 2002 (c. i), ss. 15(5), 24(1) (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)

C550Ss. 236-238 applied (prosp.) by Commons Act 1899 (c. 30), s. 10 (as substituted (prosp.) by Commons Act 2006 (c. 26), ss. 50(7), 56 (with s. 60)

C551S. 236 modified (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(9) (arts. 45-48 Sch. 6 para. 23)

C552S. 236(3)-(8) applied (with modifications) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1); ss. 6(5), 10, 23(2), 27(2), Sch. 5 para. 7(1)

S. 236(3)-(8) applied (with modifications) (17.3.1993) by S.I. 1993/1313, art. 30(1)(a) (with art. 39)

S. 236(3)-(8) applied (30.8.1994) by S.I. 1994/2298, art. 30

S. 236(3)-(8) applied (8.7.1996) by S.I. 1996/1627, art. 23(4)

S. 236(3)-(8) applied (20.5.1998) by S.I. 1998/1209, art. 12(1)

S. 236(3)-(8) applied (25.8.2000) by S.I. 2000/2152, art. 27(4)

C553S. 236(3)-(8) modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 236(3)-(8) modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 236(3)-(8) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(a)

C554S. 236(3)-(8): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 236(3)-(8): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

C555S. 236(3)-(8)(11) applied (with modifications) (5.11.1993) by 1993 c. 42, s. 16(8) (with s. 30(1), Sch. 2 para. 9)

S. 236(3)-(8)(11) applied (with modifications) (3.12.1993) by S.I. 1993/2974, art. 5(2) (with arts. 7, 9)

S. 236(3)-(8)(11) applied (1.7.1994) by S.I. 1994/1647, art. 6(4)

S. 236(3)-(8)(11) applied (21.7.1994) by 1994 c. xiii, s. 10(1)

S. 236(3)-(8)(11) applied (with modifications) (23.12.1994) by S.I. 1994/3162, art. 16(4)

S. 236(3)-(8)(11) applied (with modifications) (1.1.1998) by S.I. 1997/2949, art. 15(6)(a)-(e)

S. 236(3)-(8)(11) applied (18.7.2000) by S.I. 2000/1884, art. 28(1)

C557S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C559S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C561S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C564S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C566S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C568S. 236(7) applied (with modifications) (21.7.1994) by 1994 c. xiii, s. 10(2)

S. 236(7) applied (with modifications) (30.8.1994) by S.I. 1994/2298, art. 30

S. 236(7) applied (with modifications) (8.7.1996) by S.I. 1996/1627, art. 23(5)

C569S. 236(7) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(b)

S. 236(7) modified (20.5.1998) by S.I. 1998/1209, art. 12(2)

C570S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C573S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

C577S. 236(11) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

Yn ddilys o 27/01/2010

[F703236AAlternative procedure for certain byelawsE+W

(1)The Secretary of State may, in relation to England, by regulations—

(a)prescribe classes of byelaws to which section 236 does not apply, and

(b)make provision about the procedure for the making and coming into force of such byelaws.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)The regulations may, in particular, include provision about—

(a)consultation to be undertaken before a byelaw is made,

(b)publicising a byelaw after it is made.

(4)The regulations may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(5)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F703S. 236A inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 129(3), 245(5); S.I. 2010/112, art. 2(a)

Modifications etc. (not altering text)

Prospective

[F704236BRevocation of byelawsE+W

(1)This section applies to—

(a)a local authority;

(b)the Greater London Authority;

(c)Transport for London;

(d)a metropolitan county passenger transport authority.

(2)Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.

(3)The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.

(4)The confirming authority in relation to a byelaw made under this section shall be—

(a)in relation to a byelaw made by a local authority in Wales, the Welsh Ministers;

(b)in relation to any other byelaw, the Secretary of State.

(5)The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.

(6)The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.

(7)An order under this section may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(8)A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(9)Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F704S. 236B inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 134, 245(5); S.I. 2010/112, art. 2(f)

237 Offences against byelaws.E+W

Byelaws to which section 236 above applies may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

Modifications etc. (not altering text)

C581S. 237 modified by S.I. 1986/143, regs. 2(1), 3(1)

C582S.237:ss.236-238 applied (12.3.1991) by S.I.1991/993, art.3(3)

Ss. 236-238 applied (with modifications) (5.11.1993) by S.I. 1993/2733, art. 3(4) (with arts. 22, 23).

C583S. 237 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2.

S. 237: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch.2.

C584S. 237 modified (10.01.1992) by S.I.1991/2913, art.8(2), Sch.2.

S. 237: certain functions transferred (10.01.1992) by S.I.1991/2913, art.8, Sch.2.

S. 237 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)

S. 237 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)

S. 237 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(e) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 237 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)

S. 237 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)

S. 237 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)

S. 237 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)

C586Ss. 236-238 applied (prosp.) by Commons Act 1899 (c. 30), s. 10 (as substituted (prosp.) by Commons Act 2006 (c. 26), ss. 50(7), 56 (with s. 60))

Yn ddilys o 27/01/2010

[F705237AFixed penalty noticesE+W

(1)The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)Where—

(a)an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or

(b)an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,

the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(4)A fixed penalty notice under this section is payable to the authority whose officer gave the notice.

(5)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and

(b)he may not be convicted of the offence if he pays the fixed penalty before the end of that period.

(6)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.

(7)A notice under this section must also state—

(a)the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(8)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.

(9)Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10)The form of a notice under this section may be specified in regulations under subsection (1).

(11)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of an authority, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

  • “authorised officer”, in relation to an authority, means—

    (a)

    an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,

    (b)

    any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and

    (c)

    any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,

  • “chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.

(13)Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.

Textual Amendments

F705Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)

Modifications etc. (not altering text)

Yn ddilys o 27/01/2010

237BAmount of fixed penaltyE+W

(1)The amount of a fixed penalty payable in pursuance of a notice under section 237A is—

(a)the amount specified by the authority which made the byelaw, or

(b)if no amount is so specified, £75.

(2)An authority may specify different amounts in relation to different byelaws.

(3)The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).

(4)Regulations under subsection (3) may, in particular—

(a)require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,

(b)restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).

(5)The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

Textual Amendments

F705Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)

Modifications etc. (not altering text)

Yn ddilys o 27/01/2010

237CPower to require name and address in connection with fixed penaltyE+W

(1)If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.

(2)A person commits an offence if—

(a)he fails to give his name and address when required to do so under subsection (1), or

(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)In this section, “authorised officer” has the same meaning as in section 237A.]

Textual Amendments

F705Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)

Modifications etc. (not altering text)

Yn ddilys o 27/01/2010

[F706237DUse of fixed penalty receiptsE+W

(1)“Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A.

(2)The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.

(3)A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.]

Textual Amendments

F706S. 237D inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 131, 245(5); S.I. 2010/112, art. 2(c)

Modifications etc. (not altering text)

Yn ddilys o 27/01/2010

[F707237EGuidance relating to sections 236A and 237A to 237DE+W

An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—

(a)procedure for which provision is made by regulations under section 236A(1);

(b)fixed penalties;

(c)anything related to the matters mentioned in paragraph (a) or (b).]

Textual Amendments

F707S. 237E inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 132, 245(5); S.I. 2010/112, art. 2(d)

Modifications etc. (not altering text)

Yn ddilys o 27/01/2010

[F708237FFurther provision about regulations and orders under section 237A or 237BE+W

(1)Regulations under section 237A or 237B, and an order under section 237B, may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(2)A statutory instrument containing—

(a)regulations under section 237A or 237B which amend or repeal any provision of an Act, or

(b)an order under section 237B which amends or repeals any provision of an Act,

may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.

(3)Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F708S. 237F inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(2), 245(5); S.I. 2010/112, art. 2(b)

Modifications etc. (not altering text)

238 Evidence of byelaws.E+W

The production of a printed copy of a byelaw purporting to be made by a local authority [F709, the Greater London Authority][F710, [F711or a metropolitan county passenger transport authority]] upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a)that the byelaw was made by the authority;

(b)that the copy is a true copy of the byelaw;

(c)that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d)the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

Textual Amendments

F709Words in s. 238 inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 4

F710Comma and words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 31(2) (the inserted words being subsequently substituted as mentioned in note below)

Modifications etc. (not altering text)

C595S. 238 modified by S.I. 1986/143, regs. 2(1), 3(1)

S. 238 modified (7.8.1991) by S.I. 1991/1773 art. 8(2), Sch. 2

S. 238 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

S. 238 modified (28.5.1994) by S.I. 1994/1440, art. 11(1)

C596S. 238 applied (with modifications) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 6(5), 10, 23(2), 27(2), Sch. 5 para. 7(1)

Ss. 236-238 applied (12.3.1991) by S.I. 1991/993, art. 3(3)

S. 238 applied (with modifications) (17.3.1993) by S.I. 1993/1313, art. 30(1)(a) (with art. 39)

S. 238 applied (with modifications) (5.11.1993) by 1993 c. 42, s. 16(8) (with s. 30(1), Sch. 2 para. 9)

Ss. 236-238 applied (with modifications) (5.11.1993) by S.I. 1993/2733, art. 3(4) (with arts. 22, 23)

S. 238 applied (with modifications) (3.12.1993) by S.I. 1993/2974, art. 5(2) (with arts. 7, 9)

S. 238 applied (1.7.1994) by S.I. 1994/1647, art. 6(4)

S. 238 applied (21.7.1994) by 1994 c. xiii, s. 10(1)

S. 238 applied (30.8.1994) by S.I. 1994/2298, art. 30

S. 238 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)

S. 238 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)

S. 238 applied (with modifications) (23.12.1994) by S.I. 1994/3162, art. 16(4)

S. 238 applied (8.7.1996) by S.I. 1996/1627, art. 23(4)

S. 238 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)

S. 238 applied (20.5.1998) by S.I. 1998/1209, art. 12(1)

S. 238 applied (18.7.2000) by S.I. 2000/1884, art. 28(1)

S. 238 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)

S. 238 applied (25.8.2000) by S.I. 2000/2152, art. 27(4)

S. 238 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)

S. 238 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)

S. 238 applied by Greenham and Crookham Commons Act 2002 (c. i), ss. 15(5), 24(1) (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)

C597S. 238: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2

S. 238: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

C598S. 238 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C600Ss. 236-238 applied (prosp.) by Commons Act 1899 (c. 30), s. 10 (as substituted (prosp.) by Commons Act 2006 (c. 26), ss. 50(7), 56 (with s. 60)

C602S. 238 applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)

Miscellaneous provisionsE+W

239 Power to promote or oppose local or personal Bills.E+W

(1)Subject to the provisions of this Act, where a local authority, other than a parish or community council, are satisfied that it is expedient to promote, or any local authority are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.

(2)A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—

(a)passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b)in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.

(3)For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.

(4)The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.

[F712(4A)The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority, F713. . ..]

(5)No payment shall be made by a [F714an authority] to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.

Textual Amendments

Modifications etc. (not altering text)

C604S. 239 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(h)

S. 239 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(h) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 239 extended (with modifications)(19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 7(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 239: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

240 Provisional orders and orders subject to special parliamentary procedure.E+W

(1)Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—

(a)before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;

(b)the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;

(c)the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;

(d)if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.

(2)The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.

(3)Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the M132Statutory Orders (Special Procedure) Act 1945, the following provisions shall have effect—

(a)before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;

(b)the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.

(4)Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.

(5)At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.

(6)The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.

(7)Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the M133Statutory Orders (Special Procedure) Act 1945.

Modifications etc. (not altering text)

C608S. 240 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C609S. 240(2) modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch.2.

S. 240(2): certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2.

C610S. 240(2) modified (10.01.1992) by S.I.1991/2913, art.8(2), Sch.2.

S. 240(2): certain functions transferred (10.01.1992) by S.I.1991/2913, art.8, Sch.2.

Marginal Citations

241 Power to apply provisions of Act to joint boards, etc.E+W

Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.

Modifications etc. (not altering text)

242 Effect of inaccurate description.E+W

No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.

243 Computation of time and timing of elections, etc.E+W

(1)Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.

(2)Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under F715. . . paragraph 18 or 34 of Schedule 12 to this Act [F716and applies also to sections F717. . ., 31 and 32 of the Local Government Act 1985].

(3)[F718Where under subsection (4) below] the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day F719. . . of the poll, F719. . ..

(4)In computing any period of time for the purpose of any rules mentioned in subsection (2) above or for the purposes of F720. . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice F721. . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

(5)Subsection (4) above, so far as it relates to any such rules shall have effect subject to the provisions of those rules.

Textual Amendments

F717In s. 243(2) the reference to section 19 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F721Words in s. 243(4) repealed (8.11.1995) by 1995 c. 44, s. 1(1), Sch. 1 Pt. VI

Modifications etc. (not altering text)

244 Saving of transfer of certain powers under local Acts from Treasury to Secretary of State.E+W

(1)The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.

(2)If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.

[F722244A Application of this Part to London Fire and Emergency Planning Authority.E+W

This Part shall have effect as if any reference to a joint authority included a reference to the London Fire and Emergency Planning Authority.]

Textual Amendments

Part XIIE+W Miscellaneous and General

Status, etc.E+W

245 Status of certain districts, parishes and communities.E+W

(1)If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by the advice of Her Privy Council thinks fit so to do, She may by the charter confer on that district the status of a borough, and thereupon—

(a)the council of the district shall bear the name of the council of the borough;

(b)the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.

[F723(1A)Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.]

(2)A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3)No charter under subsection (1) above shall take effect before 1st April 1974.

(4)Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—

(a)the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and

(b)the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;

those styles may be so used as from 1st April 1974.

[F724(4A)Where—

(a)a council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive; and

(b)the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.]

(5)A district which has the status of a borough, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.

(6)The council of a parish F725. . . which is not grouped with any other parish F725. . . may resolve that the parish F725. . . shall have the status of a town and thereupon—

(a)the council of the parish F725. . . shall bear the name of the council of the town;

(b)the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;

(c)the parish meeting F726. . . shall have the style of town meeting.

(7)A resolution under subsection (6) above shall cease to have effect if the parish F725. . . to which it relates ceases to exist.

(8)If a parish F725. . . council which has passed a resolution under subsection (6) above is dissolved without the parish F725. . . ceasing to exist, the dissolution shall not affect the status of the parish F725. . . or the application to it of paragraph (c) of that subsection and in England the parish trustees shall have the style of town trustees.

(9)A parish F725. . . council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England F727. . . may resolve that the parish F725. . . shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish F725. . ..

(10)The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.

Textual Amendments

F723S. 245(1A) inserted (26.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 11(1)(2); S.I. 2000/2849, art. 2(e)

[F728245A Change of status of Welsh county to county borough.E+W

(1)Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.

(2)No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.

(3)No charter under this section shall take effect before 1st April 1996.

(4)A county borough which has acquired that status by a charter under this section—

(a)shall be a county borough; but

(b)shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

(5)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.]

Textual Amendments

[F729245B Community having the status of a town.E+W

(1)The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.

(2)Where a community has the status of a town—

(a)the town council shall have the name of the community with the addition—

(i)in English, of the words “Town Council”; and

(ii)in Welsh, of the words “Cyngor Tref”;

(b)the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and

(c)the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.

(3)Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.

(4)Any such resolution shall cease to have effect if the community to which it relates ceases to exist.

(5)If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.

(6)A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.

(7)On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.

(8)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.]

Textual Amendments

Modifications etc. (not altering text)

C614S. 245B: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

246 Preservation of powers, privileges and rights of existing cities or boroughs.E+W

(1)Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.

(2)A charter granted by Her Majesty under section 245 above with respect to a district may—

(a)provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district [F730being powers which are not exercised pursuant to subsection (4) or (5) below by charter trustees], shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;

(b)provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough [F731for which charter trustees are not constituted pursuant to subsection (4) or (5) below] shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;

(c)contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.

[F732(2A)Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.

(2B)Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.]

(3)Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.

(4)Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—

(a)there shall as from that date be a body corporate by the name of “the Charter Trustees of the City” or “the Charter Trustees of the Town”, as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;

(b)the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor; and

(c)any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the charter trustees.

(5)Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—

(a)becomes a parish; or

(b)becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;

the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.

(6)Subsections (1), [F733and (3) above and any order applying subsection (3) made pursuant to] subsection (5) above shall have effect subject to [F734subsection (2A) above,] any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.

F735(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)If an area or part of an area for which charter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.

(9)Where charter trustees have been constituted for an area which is altered by an order under Part IV of this Act and [F736subsection (8) does not apply] in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.

(10)The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.

(11)Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.

(12)Every cheque or other order for the payment of money by charter trustees shall be signed by two of them.

(13)Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.

(14)Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.

(15)[F737Section 168 above], except subsection (5), shall apply in relaton to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.

(16)Sections 173 to 178 above shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or community consisting of the area for which they act.

Textual Amendments

F730Words inserted by Charter Trustees Act 1985 (c. 45, SIF 81:1) ss. 1(2)(a)(3), 2

Modifications etc. (not altering text)

C615S. 246(2) applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 4(2)

C616S. 246(15) amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(5)

247 Transfer of armorial bearings from old to new authorities.E+W

(1)Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.

(2)An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.

[F738(3)Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.]

Textual Amendments

Modifications etc. (not altering text)

C617S. 247 applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 7

248 Freemen and inhabitants of existing boroughs.E+W

(1)Subject to the following provisions of this section, nothing in this Act shall affect any person’s status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section any such place is referred to as a city or town.

(2)On and after 1st April 1974 the roll of freemen of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.

(3)If at any time on or after 1st April 1974 any person claims to be admitted as a freeman of a city or town, his claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person’s claim is established, his name shall be entered on the roll of freemen of that city or town.

(4)After 31st March 1974—

(a)a freeman of a city or town,

(b)any person who by marriage, descent, employment or otherwise is or has been related to or associated with a freeman of a city or town, and

(c)any person who is or has been related by marriage to the widow or a child of a freeman of a city or town,

shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.

(5)A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.

[F739(6)This section shall have effect in relation to Wales as if—

(a)in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and

(b)in subsection (2) the reference to the council of the district were a reference to the council of the principal area.]

Textual Amendments

249 Honorary aldermen and freemen.E+W

(1)A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then councillors of the council.

(2)No honorary alderman shall, while serving as a councillor of the council, be entitled to be addressed as alderman or to attend or take part in any civic ceremonies of the council as an alderman.

(3)Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.

(4)An honorary alderman of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—

(a)to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or

(b)to receive any such allowances or other payments as are payable under sections 173 to 176 above.

(5)The council of a London borough or a district having the status of a city, borough or royal borough [F740or any parish or community having by grant under the royal perogative the status of city and any parish or community entitled by such grant to be called and styled a royal town] may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, admit to be honorary freemen of the city, borough or royal borough [F740or parish or community as aforesaid,] persons of distinction and persons who have, in the opinion of the council, rendered eminent services to the city, borough or royal borough [F740or parish or community as aforesaid,], but the admission of a person to be an honorary freeman shall not confer on him any such rights as are referred to in section 248(4) above.

(6)The council of a London borough or a district which has the status of a city, borough or royal borough [F741or parish or community as aforesaid] may spend such reasonable sum as they think fit for the purpose of presenting an address or a casket containing an address to a person upon whom they have conferred the title of honorary alderman or admitted to be an honorary freeman of the city, borough or royal borough [F741or parish or community as aforesaid].

[F742(7)A principal council in Wales may, by such a resolution as is required by subsection (5) above, admit to be honorary freemen of the county or county borough persons of distinction and persons who have, in the opinion of the council, rendered eminent services to the county or county borough.

(8)The admission of a person to be an honorary freeman under subsection (7) above shall not confer on him any such rights as are referred to in section 248(4) above.

(9)A principal council in Wales shall, in relation to any person on whom they have conferred the title of honorary alderman or whom they have admitted to be an honorary freeman, have the same powers as are conferred by subsection (6) above.]

Textual Amendments

Modifications etc. (not altering text)

C618S. 249 modified (3.4.1995) by 1994 c. 19, s. 66(7), Sch. 17 para. 22(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

S. 249 extended (11.3.1996) by S.I. 1996/330, arts. 1(2), 6(1)

S. 249: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C619S. 249(1) applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 6(2)

C620S. 249(2)(4) modified (11.3.1996) by S.I. 1996/330, arts. 1(2), 6(3)

InquiriesE+W

250 Power to direct inquiries.E+W

(1)Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2)For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, F743. . . :

Provided that—

(a)no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b)nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

(3)Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding [F744level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both.

(4)Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry F745. . . shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.

(5)The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.

(6)This section shall extend to local inquiries held by the Secretary of State under the provisions of the M134Local Government Act 1929 or the M135Ferries (Acquisition by Local Authorities) Act 1919.

Textual Amendments

Modifications etc. (not altering text)

C621S. 250 modified by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 14(7)

S. 250: duty to apply imposed (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 7(1)(c); S.I. 1998/631, art. 2(1)(a), Sch. 1

S. 250 extended (1.10.1998) by 1975 c. 70, s. 21A, Sch. 4 Pt. IV para. 21 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

S. 250 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 250 applied (1.4.2000) by 1999 c. 27, s. 15(4); S.I. 1999/2169, art. 4(2), Sch. 3; S.I. 1999/2815, art. 3

S. 250 modified (3.7.2000) by 1990 c. 8, s. 322B(2)-(7) (as inserted (3.7.2000) by 1999 c. 29, s. 345 (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C622S. 250(1) saved by Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2) and by Control of Pollution Act 1974 (c. 40), s. 96(2)

C623S. 250(2)(3): power to apply (with modifications) conferred (3.11.2008 for specified purposes and otherwise 1.12.2008) by 1996 c. 16 s. 84(4) (as substituted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 126, 153, Sch. 22 para. 8(3)); S.I. 2008/2712, art. 2, Sch. 16(c) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(c)(h)(i) (subject to art. 3)

C630S. 250(2)(3) applied (1.4.1998) by 1997 c. 50, s. 79(3); S.I. 1998/354, art. 2(1)(2)(an)

S. 250(2)(3) applied (1.12.1998) by 1998 c. 38, s. 2, Sch. 1 para. 6(5) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

S. 250(2)(3) applied (with modifications) (1.4.1999) by S.I. 1999/818, rule 8(2)

S. 250(2)(3) applied (1.2.2001 (E.) and 1.8.2001 (W.) for certain purposes and 18.2001 (W.) for certain purposes) by 2000 c. 38, ss. 170(6), 185(6), 275(1) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2001/2788, art. 2 Sch. 1

S. 250(2)(3) applied (E.) (14.12.2001) by S.I. 2001/3743, regs. 1(1), 12

S. 250(2)(3) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 3(8)

S. 250(2)(3) applied (26.8.2005) by S.I. 2005/2222, art. 42, Sch. 14 para. 14(3) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

S. 250(2)(3) applied by Government of Wales Act 2006 (c. 32), ss. 2, 161, Sch. 1 para. 4(6) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

C631S. 250(2)(3) power to apply (with modifications) (9.3.2004) conferred by 1987 c. 4, s. 4A(4) (as inserted by 2002 c. 30, ss. 79(2), 108(2)-(5); S.I. 2004/636, art. 2)

C632S. 250(2)(3) modified (prosp.) by 1964 c. 48, s. 37(4) (as substituted (prosp.) by 1994 c. 29, ss. 19(1), 94(1)) (which substituting section was repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I)

C633S. 250(2)(3)(5) applied (with modifications) (1.4.1992) by S.I. 1992/664, regs. 11(16), 26(1), 27(4), 29(5), 30(3), Sch. 9 para. 9

C634S. 250(2)-(5) applied (with modifications) by Water Act 1973 (c. 37), ss. 2(8), 12(11), 36(3), Sch. 2 para. 15(2), Sch. 4 Pt. II para. 10, Sch. 7 para. 23 and by Control of Pollution Act 1974 (c. 40), s. 96(2); applied by Hallmarking Act 1973 (c. 43), s. 20(1)(a), Slaughterhouses Act 1974 (c. 3), ss. 18(5), 31(2) and Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2)

S. 250(2)-(5) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), ss. 51, 58(7), 69, 101(1), 111, 141(6), 160(1)(2)(4), 163, 181, 189(4)-(10), 190, 193(1), Sch. 8 para. 2(10), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

S. 250(2)-(5) applied by S.I. 1987/2095, art. 22 and by Electricity Act 1989 (c. 29, SIF 44:1), ss. 62(2)

S. 250(2)-(5) applied by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 10, 23(2), 24(4), 27(2), Sch. 5 para. 13(12), by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 252(6), 320(2) and by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 42(2)(5), 54

S. 250(2)-(5) applied (with modifications) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 101(4), 175, 195, 208, Sch. 6 para. 6(4), Sch. 8 para. 5(4) and by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 6(8), Sch. 1 para. 3(4)

S. 250(2)-(5) applied (with modifications) by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), ss. 22(4), 40(3), Sch. 3 para. 6(4) and (1.6.1992) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 21(8), Sch. para. 6(4); S.I. 1992/725, art. 3

S. 250(2)-(5) applied (1.4.1991) by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 7C(2) (as inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50)

S. 250(2)-(5) applied by Water Industry Act 1991 (c. 56, SIF 130), ss. 215(2)(3), 223 (with ss. 82(3), 186(1), 222(1), Sch. 14, para. 6)

S. 250(2)-(5) applied (12.3.1991) by S.I. 1991/993, art. 28

S. 250(2)-(5) applied (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 81(4); S.I.1991/828,art. 3(2)

S. 250(2)-(5) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 215(1), 225 (with ss. 16(6), 105(4), 113(4), 179, 223(3), Sch. 22 para. 1)

S. 250(2)-(5) applied (with modifications) (16.3.1992) by Midland Metro Act 1992 (c. vii), s.27

S. 250(2)-(5) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), ss. 101(4), 102(6), Sch. 5 para. 4(1) (with s. 167(4)(5)(6)); S.I. 1992/2984, art. 2(2), Sch. 2

S. 250(2)-(5) applied (with modifications) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 11(5); S.I. 1992/2784, art. 2(a), Sch.1

S. 250(2)-(5) applied (with modifications) (8.7.1994) by S.I. 1994/1693, art. 21

S. 250(2)-(5) applied (21.7.1994) by 1994 c. xv, ss. 58(11)

S. 250(2)-(5) applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 27

S. 250(2)-(5) applied (with modifications) (13.4.1995) by S.I. 1995/1063, art. 24

S. 250(2)-(5) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 22(2)

S. 250(2)-(5) applied (1.4.1996) by 1990 c. 43, Sch. 1 Pt. II para. 8(4) (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3)

S. 250(2)-(5) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 53(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 250(2)-(5) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 250(2)-(5) applied (27.5.1997 for certain purposes) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 8(6) (with ss. 64, 219)

S. 250(2)-(5) applied (1.6.1997) by S.I. 1997/1160, reg. 9(5)

S. 250(2)-(5) applied (28.7.1998) by 1998 c. iv, s. 38(2)

S. 250(2)-(5) applied (25.11.1998 for certain purposes, otherwise 3.7.2000) by 1998 c. 45, s. 25(5); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

S. 250(2)-(5) applied (1.12.1998) by 1998 c. 38, s. 35(2) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

S. 250(2)-(5) applied (8.7.1999) by S.I. 1999/2513, arts. 1(1), 26 (with art. 25)

S. 250(2)-(5) applied (1.2.2000) by S.I. 1999/3445, reg. 9(5)

S. 250(2)-(5) applied (with modifications) (1.8.2000) by S.I. 2000/1973, reg. 27(10), Sch. 8 para. 4(10)

S. 250(2)-(5) applied (1.8.2000) by S.I. 2000/2103, art. 25

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 1981 c. 69, s. 28F(10) (as inserted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 2000 c. 37, ss. 7(2)-(4), 103(2) (with s. 43)

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 2000 c. 37, ss. 8(2), 103(2), Sch. 3 para. 5 (with s. 43)

S. 250(2)-(5) applied (with modifications) by 1980 c. 66, s. 2B (as inserted (12.2.2003 (E.) for certain purposes, 15.7.2005 (W.) for certain purposes, 11.5.2006 (W.) for remaining purposes) by 2000 c. 37, ss. 57, 103(3), Sch. 6 para. 23(8); S.I. 2003/272, art. 2(p); S.I. 2005/1314, art. 3(d)(viii)(gg); S.I. 2006/1279, art. 2(I)(n))

S. 250(2)-(5) applied (with modifications) (12.2.2003 (E.) for certain purposes and 31.5.2005 (W.) for certain purposes and 21.5.2007 (E.) insofar as not already in force) by 1980 c. 66, Sch. 12ZA para. 7 (12.2.2003 (E.) for certain purposes and 31.5.2005 (W.) for certain purposes and 21.5.2007 (E.) insofar as not already in force) by 2000 c. 37, ss. 57, 103(3), Sch. 6 para. 24; S.I. 2003/272, art 2(q); S.I. 2005/1314, art. 2(b)(vii)); S.I. 2007/1493, art. 2

S. 250(2)-(5) applied (with modifications) (E.) (1.2.2002) by S.I. 2001/3966, regs. 1, 15(9)

S. 250(2)-(5) applied (with modifications) (1.4.2002 for E., and 1.4.2002, 30.1.2003, 1.4.2004 and 7.7.2004 for W., for certain purposes) by 2000 c. 14, ss. 10(5), 122; S.I. 2001/3852, art. 3(7)(e) (subject to transitional provisions in art. 3(2), Sch. 1 (as amended by S.I. 2001/4150, S.I. 2002/1493, S.I. 2002/1790, S.I. 2002/2001, S.I. 2002/3210, S.I. 2005/3397)); S.I. 2002/920, art. 3(3)(a) (subject to transitional provisions in arts. 2, 3(2), Schs. 1-3); S.I. 2003/152, art. 2; S.I. 2004/1015, art. 2; S.I. 2004/1730, art. 2

S. 250(2)-(5) applied by Greenham and Crookham Commons Act 2002 (c. i), s. 36(2) (with ss. 38, 39) (coming into force in accordance with s. 1(2)-(4) of the amending Act)

S. 250(2)-(5) applied (with modifications) (W.) (19.8.2002) by S.I. 2002/2127, regs. 15(9), 17

S. 250(2)-(5) applied (with modifications) (1.4.2003) by S.I. 2003/164, reg. 11(8)

S. 250(2)-(5) applied (with modifications) (31.12.2003) by S.I. 2003/3311, reg. 28, Sch. 3 para. 4(5)

S. 250(2)-(5) applied (1.4.2004 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 134(5), 199; S.I. 2004/759, art. 3(1)

S. 250(2)(-(5) applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 135(4), 199; S.I. 2004/759, art. 4(2)(a)

S. 250(2)-(5) applied (22.7.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 56

S. 250(2)-(5) applied (with modifications) (2.8.2004) by S.I. 2004/1769, reg. 17(2)(a)

S. 250(2)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 4(7)

S. 250(2)-(5) applied (with modifications) (21.4.2005) by S.I. 2005/925, reg. 34(3), Sch. 3 para. 4(5)(6) (with reg. 3)

S. 250(2)-(5) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(a); S.I. 2005/877, art. 2(2), Sch. 2

S. 250(2)-(5) applied (with modifications) (1.10.2005) by S.I. 2005/1905, reg. 5(2)

S. 250(2)-(5) applied (with modifications) (1.10.2006 for E.) by S.I. 2006/2362, reg. 33(12)

C635S. 250(2)-(5) extended (1.11.1996) by 1996 c. 56, ss. 507(2), 583(2) (with s. 1(4), Sch. 39)

C637S. 250(2)-(5) applied (with modifications) (13.2.2004 for E. and 31.5.2005 for W.) by 1981 c. 69, Sch. 15 para. 10A (as inserted by 2000 c. 37, ss. 51, 103, Sch. 5 para. 11(8); S.I. 2004/292, art. 2(d)(iii) (with art. 3(2)); S.I. 2005/1314, art. 2(a)(iii))

C638S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C642S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C643S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C647S. 250(2)-(5) applied (with modifications) by 1949 c. 97, Sch. 1A para. 13(3) (as inserted (12.11.2009 for certain purposes and 12.1.2010 otherwise) by 2009 c. 23, ss. 302(2), 324(1)(2), Sch. 19 (with s. 308))

C659S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C661S. 250(2)-(5) applied (24.6.2007) by The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518), regs. 21 22(a)(iv), {Sch. 5 para. 6(1)}

C663S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C664S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C666S. 250(2)-(5) applied (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 22(3), {Sch. 1para. 4(3)}

C670S. 250(4) applied (with modifications) by Mental Health Act 1983 (c. 20, SIF 85), s. 125(2); and by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch. 4 paras. 4(1), 16(2); and by S.I. 1986/1858, reg. 2

S. 250(4) applied (21.7.1994) by 1994 c. xv, s. 80(1)(2)

S. 250(4) applied (with modifications) (1.2.2000) by S.I. 1999/3445, regs. 1(1), 9(5)

C672S. 250(4)(5) applied (with modifications) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 11(6); S.I. 1992/2784, art. 2(a), Sch. 1

C673S. 250(4)(5) modified (3.7.2000) by 1990 c. 8, s. 252(6A)(a)(b) (as inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 paras. 2, 7(9) (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C674S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C678S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C679S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C683S. 250(5) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 113(9)(10), 241(8) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C684S. 250(5) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 95(4)(5), 241(8) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C689S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C691S. 250(2)-(5) applied (24.6.2007) by The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518), regs. 21 22(a)(iv), {Sch. 5 para. 6(1)}

C693S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C694S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

Marginal Citations

GeneralE+W

251 Consequential and minor modifications and amendments.E+W

(1)Part I of Schedule 29 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2)The enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

252 General power to adapt Acts and instruments.E+W

(1)Her Majesty may at any time, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1974 make modifications of any enactments contained in any other public general Act passed before that date or any instrument made before that date under any such Act, being an instrument of a legislative character and not being an instrument in the nature of a local enactment, as may appear to Her to be necessary to make that enactment or instrument apply in relation to any particular class of new authority as it applies in relation to any particular class of local authority existing immediately before that date.

(2)The modifications which may be made by an Order in Council under this section shall be in addition to those made by any other provision of this Act, but shall have effect subject to any such other modification, except those made by section 179 above.

(3)No Order in Council shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.

Modifications etc. (not altering text)

253 Transfer of powers of certain public bodies.E+W

(1)Any functions of any such public body as is specified in subsection (2) below may with their approval be transferred by an order made by the Secretary of State to any local authority whose area comprises the district of that body, or jointly to two or more local authorities whose areas together comprise that district.

(2)This section applies to the following public bodies, that is to say, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, or for providing or maintaining a cemetery or market in any place.

(3)Any order under this section may contain such incidental, consequential, transitional and supplementary provision as may appear to the Secretary of State to be necessary or proper; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section “local authority” includes the Common Council.

254 Consequential and supplementary provision.E+W

(1)The Secretary of State or any appropriate Minister may at any time by order make such incidental, consequential, transitional or supplementary provision as may appear to him—

(a)to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b)to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)An order under this section may in particular include provision—

(a)with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b)with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of, any authority affected by this Act or any two or more bodies who include such an authority;

(c)for applying with or without modifications, or amending, repealing, or revoking, with or without savings, any provision of an Act passed or an instrument under an Act made before 1st April 1974 and for making savings or additional savings from the effect of any repeal made by this Act;

(d)for any of the matters specified in section 67 above;

(e)without prejudice to paragraph (d) above, for dissolving any body corporate established by any Act passed or by any instrument under an Act made before 1st April 1974;

(f)for requiring the council of a new county, with a view to securing that the introduction of a general rate of uniform amount per pound of rateable value throughout any new district in the county is gradual, to issue as respects a limited period beginning on 1st April 1974 precepts specifying different amounts in the pound which are to be levied as rates for general county purposes on different parts of the new county (whether the whole or part of an existing county included therein or a county borough so included) and which are to be determined by reference to the circumstances of those parts before that date;

(g)for requiring, with that view and taking account of any requirements imposed by virtue of paragraph (f) above, the council of a new district to make and levy during a limited period beginning on 1st April 1974 differential rates determined by reference to the circumstances of existing rating areas wholly or partly included in the district;

(h)for treating anything duly done before 1st April 1974 by any authority in the exercise of functions which on and after that date become functions of some other authority as having, from that date, been duly done by that other authority and for treating any instrument made before that date, if or so far as it was made in the exercise of those functions, as continuing in force on and after that date until varied or revoked in the exercise of those functions by that other authority;

(i)for securing the continued discharge of functions in relation to the Confederation of the Cinque Ports and its courts (including so far as is necessary for that purpose, provision for the constitution of a body to replace any existing corporation), for appropriating property or providing funds for the discharge of functions as aforesaid, and otherwise for securing that anything required or authorised to be done by, to or in relation to the Confederation or any of its courts may continue to be done.

(3)Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority outside Greater London in connection with the discharge of any of their functions, that is to say—

  • any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,

  • any notice or direction given or treated as given by or to such an authority,

  • any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,

  • any application, proposal or objection made or treated as made by or to such an authority,

  • any condition or requirement imposed or treated as imposed by or on such an authority, or

  • any appeal allowed by or in favour of or against such an authority,

shall, as from 1st April 1974, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority outside Greater London by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.

(4)If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.

(5)Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.

(6)Section 68 above shall apply for the purposes of Parts I and II, section 214(1)(b) and this Part of this Act as if any reference to an order under Part IV of this Act included a reference to any provision of Part I or II of this Act or to section 214(1)(b) of this Act or to any provision of any instrument made under Part I or II or this Part of this Act.

(7)A local authority to whom any charters or insignia of a borough abolished by Part I or II of this Act have been transferred by virtue of subsection (2)(a) above shall if practicable preserve them in the area of the borough as it existed immediately before 1st April 1974.

(8)An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.

(9)Any statutory instrument containing any other order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

255 Transfer of officers.E+W

(1)Any of the following instruments under any of the provisions of this Act, that is to say an order under section 9, 10, 11, [F74628, 29 or 29A], regulations or an order under section 67 or an order under section 198, 200, 201 or 254 may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2)In the case of any person who on 31st March 1974 is in the employment of one or more local authorities who are or include a council or municipal corporation which ceases to exist by virtue of section 1 or 20 above, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 1 or 20, that person would apart from the order cease on 1st April 1974 to be in such employment, that person is transferred on 1st April 1974 to the employment of such local authority as may be specified in or determined under the order.

(3)Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a)so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b)the said new terms and conditions are such that—

(i)so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii)the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4)Subsections (2) and (3) above shall apply in relation to—

(a)a police authority,

(b)a burial board, joint burial board or joint committee which ceases to exist by virtue of section 214 above,

(c)any prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above, and

(d)any prescribed association of committees of local authorities the constituent members of which include committees of councils falling within subsection (2) above,

as they apply in relation to a local authority who are a council which ceases to exist by virtue of section 1 or 20 above, but in their application to police authorities shall have effect as if any reference to a person in the employment of an authority were a reference to the civilian employees of a police authority.

(5)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

256 Continuity of employment in cases of voluntary transfer.E+W

(1)This section applies to a person if—

(a)at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b)had he continued until 1st April 1974 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.

(2)Where this section applies to a person, then for the purposes of section 28 of the M136Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the M137Contracts of Employment Act 1972 (minimum periods of notice)—

(a)the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b)the change of employment shall not break the continuity of the period of employment.

Marginal Citations

257 Staff commission for England.E+W

(1)The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for England for the purpose of—

(a)considering and keeping under review the arrangements for the recruitment of staff by relevant authorities and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of this Act;

(b)considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State; and

(c)advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2)The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.

(3)Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.

(4)In this section “relevant authority” means a local authority within the meaning of the 1933 Act or this Act, a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, an association of local authorities or of committees of local authorities prescribed under section 255(4) above, or a Passenger Transport Executive, police authority, burial board or joint burial board.

258 Staff commission for Wales.E+W

(1)The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for Wales for the purpose of—

(a)considering and keeping under review the arrangements for the recruitment of staff by relevant authorities, and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of this Act;

(b)considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State; and

(c)advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2)The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.

(3)Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.

(4)In this section “relevant authority” means a local authority within the meaning of the 1933 Act or this Act, a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, an association of local authorities or of committees of local authorities prescribed under section 255(4) above, or a police authority, burial board or joint burial board.

259 Compensation for loss of office.E+W

(1)The appropriate Minister shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.

(2)Regulations under this section may—

(a)include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,

(b)make different provision for different classes of persons and for other different circumstances and make or authorise the appropriate Minister to make exceptions and conditions,

(c)be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

[F747(3)Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—

(a)the provisions of any such order as is referred to in section 326(1) of the M138Public Health Act 1936;

(b)an existing local authority ceasing, as respects the whole or any part of their area, to be a [F748food authority within the meaning of the Food Safety Act 1990];

[F749(c)any transfer or relinquishment of functions under any of the provisions of the Public Health Act M1391936—

[F750which are incorporated or reproduced in the Slaughterhouses Act 1974 or the Food Safety Act 1990];]

(d)the provisions of an order under section 46 of the M140Children and Young Persons Act 1969;

and, without prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions, as to compensation made for that case by section 326 of the M141Public Health Act 1936, F751. . . or, as the case may be, paragraph 2 of Schedule 3 to the M142Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of the regulations apply.]

(4)Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the appropriate Minister shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.

(5)Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F750Words substituted for sub-paras. (i) and (ii) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 17(b) (with s. 54)

Marginal Citations

M1391936 c.49(100:1).

260 Provision for early retirement in lieu of compensation for loss of office.E+W

(1)In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 259(1) above, any person who—

(a)is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and

(b)attains or has attained the age of fifty on or before 31st March 1974, and

(c)fulfils such other conditions as may be prescribed,

may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 259 above shall not, apply to him.

(2)Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 259 above shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.

(3)Subject to subsection (4) below, the Secretary of State shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—

(a)at the date of his retirement he had attained the normal retiring age; and

(b)the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.

(4)Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

(5)Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the M143Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 259 above.

(6)In this section—

  • “normal retiring age” means—

(a)in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and

(b)in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;

  • “reckonable service”, in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and

  • “relevant superannuation scheme”, in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.

(7)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

261 Remuneration of employees of existing local authorities outside Greater London.E+W

(1)For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as “the advisory body”) to consider any increase made or proposed to be made by an existing local authority outside Greater London in the remuneration of any of their employees.

(2)For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities outside Greater London; and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.

(3)If it appears to the advisory body that an existing local authority outside Greater London has fixed or proposes to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.

(4)If it appears to the advisory body that an existing local authority outside Greater London to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.

(5)It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.

(6)If at any time in the period of three months beginning on 1st April 1974 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority outside Greater London was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employees or class of employees concerned immediately before 1st April 1974, or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.

(7)On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office [F752or for the purposes of the provisions of [F753section 44 of the National Health Service Reorganisation Act 1973 and section 24] of the M144Superannuation Act 1972 (which among other things relate to compensation for loss of office)], the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 1st April 1974 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of September 1974.

(8)Nothing in this section—

(a)shall apply to the remuneration payable to teachers by local education authorities, or

(b)shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 8th March 1972.

Textual Amendments

F753Words in s. 261(7) substituted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 97(3) (with Sch. 2 para. 6, 16)

Marginal Citations

262 Local Acts and instruments.E+W

(1)Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a)notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1974 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b)have effect subject to any necessary modifications and to the modifications made by subsections (3) to (5) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2)Subsection (1) above shall have effect subject to the provisions of—

(a)this Act, other than Part I of Schedule 29;

(b)any Act passed after this Act and before 1st April 1974; and

(c)any order made under section 254 above or the following provisions of this section.

(3)Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1974 or to their area there were substituted a reference to the authority by whom those functions are exercisable on and after that date or, as the case may be, to so much of the area of the latter authority as comprises the area of the former authority or any part thereof.

(4)In any local statutory provision to which this section applies and which does not fall within subsection (3) above—

(a)for any reference to an existing county or its council there shall be substituted a reference to so much of the new county or counties as comprises the area of the existing county or any part thereof or, as the case may be, the council of that new county or the councils of those new counties;

(b)for any reference to an existing county borough or county district or the council of either there shall be substituted a reference to so much of the new district or districts as comprises the area of the existing borough or district or any part thereof or, as the case may be, the council of that new district or the councils of those new districts.

(5)In any local statutory provision to which this section applies which has effect in an area in Wales and which does not fall within subsection (3) above—

(a)for any reference to a rural parish there shall be substituted a reference to the corresponding community;

(b)for any reference to the council of any such parish which has a council, whether separate or common, there shall be substituted a reference to the council of the corresponding community; and

(c)for any reference to the parish meeting of any such parish which has no council there shall be substituted a reference to the council of the new district which comprises the corresponding community.

(6)Subsections (3) to (5) above shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any of those subsections where it would otherwise conflict with any provision of the order.

(7)So much of any local statutory provision—

(a)as confers functions on the Secretary of State with respect to the determination of tolls or other charges with respect to any fair, or

(b)as requires the submission to the Secretary of State of, or of proposals relating to, any scale of tolls or other charges with respect to any fair,

shall cease to have effect.

(8)Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 254 above, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a)extend the provision throughout the new local government area in which it is continued in force;

(b)provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c)make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d)repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e)transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act except section 254 above and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f)without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(9)All local statutory provisions to which this subsection applies shall cease to have effect in metropolitan counties at the end of 1979 and elsewhere at the end of 1984, but—

(a)the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;

(b)the Secretary of State may from time to time by order postpone the date on which all the local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(10)An order under subsection (8) above which extends the area for which any local statutory provision is in force shall be provisional only.

(11)An instrument containing any other order under subsection (8) above or an order under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12)This section applies to any local statutory provision which is in force wholly outside Greater London (except in the Isles of Scilly) and so much of any local statutory provision which is in force partly in Greater London as is in force outside Greater London, being in either case a provision in force immediately before 1st April 1974 and not expressly repealed or revoked by this Act, and subsection (9) above applies to any such local statutory provision of the following descriptions—

(a)a provision of a local Act, the Bill for which was promoted by a local authority;

(b)a provision of an Act confirming a provisional order made on the application of a local authority;

(c)a provision of an order made on such an application which was subject to special parliamentary procedure;

not being—

(i)a provision by virtue of which functions are exercisable by a joint board continued in existence by virtue of section 263 below,

(ii)a provision relating to a statutory undertaking,

(iii)a provision relating to any person’s status, or the right of any person to be admitted, as a freeman of any place or the rights of any person by virtue of any relationship or association with such a freeman,

(iv)a protective provision for the benefit of any person, or

(v)a provision contained in the M145Green Belt (London and Home Counties) Act 1938.

(13)In subsection (12) above “local authority” means—

(a)the council of an administrative county, urban district or rural district;

(b)the municipal corporation of a borough acting by the council of that borough;

(c)any commissioners, trustees or other persons invested by any local Act with powers of town government or rating;

(d)any local board constituted in pursuance of the M146Public Health Act 1848, the M147Local Government Act 1858, the M148Local Government (1858) Amendment Act 1861 or the M149Local Government Amendment Act 1863; or

(e)without prejudice to the foregoing any body of persons constituted or designated as an urban or rural sanitary authority under the M150Public Health Act 1875;

and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any telephone undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, F754. . . or district heating.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

263 Existing joint boards and committees and port health districts.E+W

(1)Subject to the following provisions of this section, where an existing joint board, every constituent member of which is a local authority, was constituted by or under any enactment for exercising functions for any united district or other area (not being a port health district), then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the board shall continue to exist on and after 1st April 1974 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).

(2)Subsection (1) above shall not apply to a joint board constituted for an area which on 1st April 1974 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—

(a)the functions of the board shall on 1st April 1974 become functions of that new local authority; and

(b)the joint board shall cease to exist on that date.

(3)Subject to the following provisions of this section, where a port health district was constituted by an order under Part I of the M151Public Health Act 1936 or an enactment replaced by that Part and an existing local authority or an existing joint board, every constituent member of which is a local authority, is the port health authority for that district, then, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, the district shall continue to exist as a port health district on and after 1st April 1974 and—

(a)if on that date a single new local authority will become the riparian authority in relation to that district, then on that date that authority shall become the port health authority for that district and any existing joint board constituted for that district shall cease to exist; and

(b)if on that date two or more new local authorities will become riparian authorities in relation to that district then, if the existing port health authority is a joint board, that board shall continue to exist and to be the port health authority for that district, but otherwise the new local authority whose area comprises or, as the case may be, abuts on the greater part of that district shall be the port health authority for that district.

(4)Any question as to which authority’s area comprises or abuts on the greater part of a port health district shall be resolved by the Secretary of State.

(5)Any existing joint committee constituted under section 91 of the 1933 Act or by or under any other enactment for the purpose of exercising functions for an area which on 1st April 1974 will lie within the areas of two or more new local authorities by whom those functions would apart from this subsection become exercisable on that date shall, notwithstanding the change of areas and authorities effected by Parts I and II of this Act, continue to exist on and after that date as if appointed under Part VI of this Act by those new authorities and shall exercise those functions for the area for which the committee exercised them before that date, without prejudice, however, to the power of those new authorities to make different arrangements for the discharge of those functions under that Part.

(6)The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 254 above.

(7)Subsections (1) and (2) above shall not apply to any area wholly situated in Greater London or to a joint board for such an area, or to a joint planning board for a National Park, and subsections (3) and (4) above shall not apply to the Port of London.

(8)The following provisions shall have effect for the construction of references to a local statutory provision to which section 262 above applies:—

(a)any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;

(b)any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1974 as comprises the united district or other area for which the board acted; and

(c)any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1974 by virtue of subsection (3) above by a new local authority, or any reference which is to be construed as such a reference, shall be construed as a reference to that new local authority.

(9)The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

Modifications etc. (not altering text)

C702S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

C703S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

C704S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

C705S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

C706S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

C707S. 263(3)-(8) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 57 (with arts. 78, 80, 81)

Marginal Citations

F755264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

265 Application of Act to Isles of Scilly.E+W

(1)There shall continue to be a council for the Isles of Scilly to be known as the Council of the Isles of Scilly.

(2)The Secretary of State may make an order providing for the constitution of the Council of the Isles of Scilly and otherwise for regulating the application of this Act to the Isles of Scilly and may on the application of the Council make an order providing for the exercise and performance there of any functions which are for the time being conferred or imposed on local authorities.

(3)Any order made under this section may—

(a)apply to the Isles of Scilly any other public general Act relating to local government;

(b)provide for the contribution by the Isles of Scilly to Cornwall County Council in respect of costs incurred by the county council on matters specified in the order as benefiting the Isles of Scilly;

(c)provide for all matters which appear to the Secretary of State necessary or proper for carrying the order into effect.

(4)Any order in force immediately before 1st April 1974 under section 292 of the 1933 Act (application of that Act to the Isles of Scilly) shall have effect as if made under this section and may be varied or revoked accordingly.

Modifications etc. (not altering text)

[F756265A Application in relation to the Broads Authority.E+W

(1)Subject to subsections (2) and (3) below, the following provisions of this Act shall have effect as if the Broads Authority were a local authority and the Broads were its local government area—

(a)section 70;

(b)sections 80(1)(a) and (2), 85, 92, 94 to 98, 99 and 100;

(c)sections 101 to 106;

(d)sections 111 to 119;

(e)sections 120 to 123 and 128 to 131;

(f)sections 135, 136, 139, 140, 140A, 140C, 143 and 144;

[F757(g)sections 153 and 173 to 177;] and

(h)sections 222, 223, 225, 228 to 234 and 239.

(2)The Navigation Committee of the Broads Authority shall be treated, for the purposes of this Act and of any other enactment relating to the committees of local authorities (but subject to section 9 of the Norfolk and Suffolk Broads Act 1988), as a committee of the Authority appointed under section 102 of this Act.

(3)Sections 120 to 123, 128 and 224 shall have effect as if the Authority were a principal council.]

Textual Amendments

266 Orders, rules and regulations.E+W

(1)Any power to make orders, rules or regulations conferred on any Minister or the Treasury by any provision of this Act other than section 261 above or paragraph 3 of Schedule 3 or paragraph 2 of Schedule 5 to this Act shall be exercisable by statutory instrument.

(2)Any power to make an Order in Council or other order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

267 Expenses.E+W

There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by any Minister under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

F758268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F759269 Meaning of “England” and “Wales”.E+W

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.]

Textual Amendments

270 General provisions as to interpretation.E+W

(1)In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

  • [F760“alternative arrangements” has the same meaning as in Part II of the Local Government Act 2000;]

  • “appropriate Minister”, in relation to the making of an order or regulation or the giving of a direction with respect to any matter, means the Minister in charge of any Government department concerned with that matter; but the validity of any order, regulation or direction purporting to be made or given by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

  • “bank holiday break” means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday;

  • [F761“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.]

  • “Christmas break” means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday;

  • “the City” means the City of London;

  • F762. . .

  • “Common Council” means the Common Council of the City;

  • “county”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county [F763, but in the expression “county council”, “council of a county”, “county councillor” and “councillor of a county” means, in relation to England, a non-metropolitan county only:];

  • “district”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;

  • “Easter break” means the period beginning with the Thursday before and ending with the Tuesday after Easter Day;

  • [F764“elected mayor” has the same meaning as in Part II of the Local Government Act 2000;]

  • “electoral area” means any area for which councillors are elected to any local authority;

  • [F765“executive”, “executive arrangements” and “executive leader” have the same meaning as in Part II of the Local Government Act 2000;]

  • F762. . .

  • “existing”, in relation to a local government or other area or a local authority or other body, except in sections 1 and 20 above, means that area or body as it existed immediately before the passing of this Act;

  • “financial year” means the period of twelve months ending with 31st March in any year;

  • “grouped”, in relation to a parish or community, means grouped by or by virtue of any provision of this Act or any previous corresponding enactment under a common parish or community council, and “grouping order” shall be construed accordingly;

  • [F766“joint authority” means an authority established by Part IV of the Local Government Act 1985;]

  • “land” includes any interest in land and any easement or right in, to or over land;

  • [F767“leader and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;]

  • “local authority” means a county council, F768. . . a district council, a London borough council or a parish [F769council but, in relation to Wales, means a county council, county borough council or community council;]

  • “local government area” means—

    (a)

    in relation to England, a county, Greater London, a district, a London borough or a parish;

    (b)

    [F770in relation to Wales, a county, county borough or community;]

  • “local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

  • “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

  • [F771“mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;]

  • “new”, in relation to any area or authority, means an area or authority established by or under this Act [F772including one established by virtue of any provision of the Local Government (Wales) Act 1994];

  • “1933 Act” means the M152Local Government Act 1933;

  • “1963 Act” means the M153London Government Act 1963;

  • [F773“open space” has the meaning assigned to it by [F774section 336(1) of the Town and Country Planning Act 1990];]

  • “prescribed” means prescribed by regulations made by the Secretary of State;

  • [F775“preserved county” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries;]

  • “principal area” means a [F776non-metropolitan county], a district or a London borough [F777but, in relation to Wales, means a county or county borough.];

  • “principal council” means a council elected for a principal area;

  • “public body” includes—

    (a)

    a local authority and a joint board on which, and a joint committee on which, a local authority or parish meeting are represented;

    (b)

    any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place; and

    (c)

    any other authority having powers of levying or issuing a precept for any rate for public purposes;

    and “district” means, in relation to a public body other than a local authority, the area for which the public body acts;

  • “special community review” means a review under paragraph 1 of Schedule 10 to this Act;

  • “specified papers”, in relation to a parish or community, means the public books, writings and papers of the parish or community (including any photographic copies thereof) and all documents directed by law to be kept therewith;

  • “the Temples” means the Inner Temple and the Middle Temple;

  • “Welsh Commission” has the meaning assigned to it by section 53 above.

(2)In this Act and in any other enactment, whether passed before, at the same time as, or after this Act, the expression “non-metropolitan county” means any county other than a metropolitan county, and the expression “non-metropolitan district” means any district other than a metropolitan district.

(3)Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4)In any provision of this Act which applies to a London borough, except Schedule 2 to this Act,—

(a)any reference to the chairman of the council or of any class of councils comprising the council or to a member of a local authority shall be construed as or, as the case may be, as including a reference to the mayor of the borough;

(b)any reference to the vice-chairman of the council or any such class of councils shall be construed as a reference to the deputy mayor of the borough; and

(c)any reference to the proper officer of the council or any such class of councils shall be construed as a reference to the proper officer of the borough.

[F778(4A)Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b).]

(5)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Textual Amendments

F760S. 270(1): definition of "alternative arrangements" inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 9 and (W.) (1.4.2002) by S.I. 2002/808, art. 9

F762Definitions of "the Commission" and "the English Commission" in s. 270(1) repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29(2), Sch. 4 Pt. II; S.I. 1992/2371, art. 2

F764S. 270(1): definition of elected mayor inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 12(1)(2); S.I. 2000/2849, art. 2(e)

F765S. 270(1): definition of executive inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 12(1)(3); S.I. 2000/2849, art. 2(e)

F767S. 270(1): definition of

“leader and cabinet executive”

inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 12(1)(4); S.I. 2000/2849, art. 2(e)

F769S. 270(1): words in definition of local authority substituted (24.10.1994, 20.3.1995, 3.4.1995, 1.10.1995 for certain purposes otherwise 1.4.1996) by 1994 c. 19, s. 1(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2, Sch.; S.I. 1995/546, art. 3, 4, Sch.; S.I. 1995/852, art. 3, Sch. 1; S.I. 1995/2490, art. 3, Sch. 1; S.I. 1995/3198, art. 3, Sch. 1

F770S. 270(1): definition of local government area para.(b) substituted (24.10.1994, 3.4.1995 otherwise 1.4.1996) by 1994 c. 19, s. 1(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2, Sch.; S.I. 1995/852, arts. 3, Sch. 1; S.I. 1995/3198, art. 3, Sch. 1

F771S. 270(1): definition of mayor and cabinet executive inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 12(1)(5); S.I. 2000/2849, art. 2(e)

F772S. 270(1): words in definition of new added (24.10.1994) by 1994 c. 19, s. 66(5), Sch. 15 para. 57 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2, Sch.

F775S. 270(1): definition of preserved county inserted (5.7.1994) by 1994 c. 19, ss. 1(7), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F777S. 270(1): words in definition of principal area inserted (24.10.1994, 20.3.1995, 3.4.1995, 1.10.1995 otherwise 1.4.1996) by 1994 c. 19, s. 1(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2, Sch.; S.I. 1995/546, arts. 3, 4, Sch.; S.I. 1995/852, art. 3, Sch. 1; S.I. 1995/2490, art. 3, Sch. 1; S.I. 1995/3198, art. 3, Sch. 1

F778S. 270(4A) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 12(1)(6); S.I. 2000/2849, art. 2(e)

Modifications etc. (not altering text)

C709S. 270 applied (11.9.1998) by 1998 c. 18, ss. 53(2), 55(2)

Marginal Citations

271 Savings.E+W

(1)Nothing in this Act shall affect the boundary of the area—

F779(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F780. . .

F780(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Nothing contained in, or done by virtue of, any provision of this Act other than section 253 or section 254(2)(b) shall affect the functions of the conservators of any common.

(3)The provisions of Part I of this Act shall not affect the continuance of the Confederation of the Cinque Ports.

(4)Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal Prerogative.

(5)Except as provided by Part X of this Act, nothing in this Act shall prejudice any right, duty or privilege of Her Majesty in right of the Duchy of Lancaster.

Textual Amendments

272 Repeals.E+W

(1)The enactments specified in Schedule 30 to this Act (which include enactments that were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2)Without prejudice to section 38(1) of the M154Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 252, 254, 255, 259, or 262 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

Marginal Citations

273 Commencement.E+W

(1)The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April 1974.

(2)The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.

(3)Subsection (1) above applies to the following provisions of this Act, that is to say—

  • sections 13, 16(1) and (3) and 17;

  • section 40;

  • section 48(8) and (9);

  • section 50(4) to (7);

  • sections 53 to 59 and Schedule 8;

  • section 62;

  • section 75;

  • section 89(6);

  • section 100;

  • Parts VI to XI, except as provided by subsections (4) and (5) below;

  • section 251 and Schedule 29;

  • section 262(3) to (7);

  • section 272 and Schedule 30;

  • paragraphs 5 to 9 and 10(2) of Schedule 6;

  • in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils.

(4)Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—

  • sections 104 and 106;

  • section 110;

  • section 117;

  • section 138;

  • section 169;

  • section 181(3) to (9) and (11);

  • so much of section 183 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 182 as applies to the interpretation of the provisions relating to such schemes;

  • section 186(6) and (7);

  • section 190(4);

  • section 192(3);

  • section 196(6) to (9);

  • section 197(2) and (3);

  • section 198(3) and (4);

  • section 200;

  • section 201(3) and (4);

  • section 202(4) to (8);

  • section 205;

  • section 207(2) to (8);

  • section 215(4);

  • section 220(4);

  • section 232;

  • section 242;

  • section 243;

  • paragraph 27(2) of Schedule 13 and so much of section 172 as relates thereto.

(5)Without prejudice to section 37 of the M155Interpretation Act 1889, any provision of Part IX or X of this Act—

(a)which empowers or requires any person to make any arrangements or any instrument with respect to the exercise of functions under any such provision or with respect to the setting up of any body of persons or the appointment of persons to any office or employment with a view to exercising any such functions or with respect to the deployment of officers in connection with the exercise of such functions;

(b)which empowers or requires any person to give directions, take steps or make representations with respect to any such arrangements or instrument; or

(c)which amends or applies any enactment which empowers or requires any person to make any such arrangements or instrument;

shall come into force so as to enable those functions to be exercised in accordance with the arrangements or instrument on 1st April 1974.

(6)Sections 80 to 90, 92, 93, 104 and 106 above shall not apply to the Greater London Council or members of that council before the day on which the councillors of that council elected at the first ordinary elections of such councillors after the passing of this Act come into office.

(7)Sections 80 to 90, 92, 104 and 106 above shall not apply to a London borough council or the members of any such council before 1st April 1974.

(8)The following provisions shall have effect with respect to parish councils in England and the members of such councils:—

(a)sections 44(4) and 91 above shall not apply to them before 1st April 1974;

(b)sections 80 to 90, 92, 104 and 106 above shall not apply to them before the day on which parish councillors elected at those elections come into office; and

(c)sections 94 to 98 above shall not apply to them before 1st April 1974.

(9)Part V of this Act shall not apply to existing parish councils in Wales or to members of such councils.

(10)Sections 104 and 106 above shall not apply to members of the Common Council before the day on which any common councilmen elected at the first ordinary election of common councilmen after the passing of this Act come into office.

Marginal Citations

274 Short title and extent.E+W

(1)This Act may be cited as the Local Government Act 1972.

(2)Except for F781. . ., paragraph 35 of Schedule 29 to this Act F781. . ., this Act shall not extend to Scotland.

(3)F781. . ., this Act shall not extend to Northern Ireland.

Textual Amendments

Yn ôl i’r brig

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