Local Government Act 2003

100 Exercise of powers by reference to authorities' performance categories E+W

(1) The powers mentioned in subsection (2) may (in particular) be exercised for making provision in relation to a description of authority framed by reference to English local authorities that from time to time are, by reason of an order under section 99(4), of a particular category.

(2) Those powers are the powers—

[F1 (za) to make regulations for the purposes of section 55(4)(d)(v) of the Road Traffic Regulation Act 1984;]

(a) to make orders under section 70 of the Local Government and Housing Act 1989 (c. 42);

(b) to make orders under sections 4 to 6, 16 and 19 of the Local Government Act 1999 (c. 27);

(c) to make orders under sections 3, 5 and 6 of the Local Government Act 2000 (c. 22);

(d) to make orders under [F2 section 1 or 2 of the Legislative and Regulatory Reform Act 2006];

(e) to make orders under sections 95 to 97 of this Act;

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 3 (which amends certain of the provisions conferring, or governing the exercise of, those powers and does so for purposes of their exercise in relation to authorities, whether or not English local authorities, to which they apply) has effect.

(4) The Secretary of State may by order amend subsection (2) for the purpose of adding a reference to a power to make provision by order or regulations that is exercisable in relation to all or any English local authorities (whether or not also exercisable in relation to any other person or body).

(5) The Secretary of State may, for the purpose mentioned in subsection (6), by order make provision amending the enactments conferring, or governing the exercise of, a power added by an order under subsection (4) to those mentioned in subsection (2).

(6) That purpose is enabling the power, so far as exercisable in relation to English local authorities, to be exercised—

(a) in relation to—

(i) all the English local authorities in relation to which it is exercisable,

(ii) particular English local authorities, or

(iii) particular descriptions of English local authority;

(b) differently in relation to different English local authorities or descriptions of English local authority.

(7) An order under subsection (4) or (5) shall not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8) In this section “English local authority” has the meaning given by section 99(7).

Textual Amendments

F1 S. 100(2)(za) inserted (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 95(4), 99(1); S.I. 2004/2380, art. 2(f); S.I. 2006/2826, art. 2(1)(2)(d)

F2 Words in s. 100(2)(d) substituted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 31(2), 33

F3 S. 100(2)(f) repealed (6.3.2007 for E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 9; S.I. 2007/390, art. 2(d)

Modifications etc. (not altering text)

C1 S. 100(1) extended (1.3.2005) by Children Act 2004 (c. 31), ss. 17(4), 67(2); S.I. 2005/394, art. 2(1)(c)

C2 S. 100(1) modified (14.3.2006 for E. for specified purposes, 16.3.2006 for W. for specified purposes, 6.4.2006 for E. in so far as not already in force, 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 96(10), 108(1), (2); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(1)(3), Sch. 1, 2; S.I. 2006/2797, art. 4(ll)

Commencement Information

I1 S. 100(1) (2)(4)-(8) in force at 18.11.2003 by S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

I2 S. 100(3) in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I3 S. 100(3) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I