Modifications etc. (not altering text)
C1Pt. II (ss. 2-4) applied (6.4.1995) (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 6
(1)The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.
(2)The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.
(3)Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.
(4)Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—
(a)the information is of a description to which this subsection applies; and
(b)in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.
(5)The descriptions of information to which subsection (4) above applies are—
(a)information about the discharge of authorities’ functions relating to housing or land;
(b)information about the number of their employees or the number of any description of their employees; and
(c)information about the determination of applications for planning permission under [F1the Town and Country Planning Act 1990] or [F2the Town and Country Planning (Scotland) Act 1997].
(6)The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.
(7)Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.
(8)The power to make any such regulations or order shall be exercisable by statutory instrument.
(9)A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10)No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.
(11)Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.
(12)A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 44(1)
F2Words in s. 3(5)(c) substituted (S.) (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(1)
Modifications etc. (not altering text)
C2S. 3(4) applied (E.) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Local Government (Transparency) (Descriptions of Information) (England) Order 2014 (S.I. 2014/2060), arts. 1(1), 2
C3S. 3(4) applied (coming into force in accordance with art. 1 of the amending S.I.) by The Local Government (Transparency) (Descriptions of Information) (England) Order 2015 (S.I. 2015/471), arts. 1, 2(1)