Local Government (Interim Provisions) Act 1984 (repealed)

Local Government (Interim Provisions) Act 1984

1984 CHAPTER 53

An Act to make provision for the composition of the Greater London Council and metropolitan county councils pending a decision by Parliament on their continued existence; to establish a commission for safeguarding the interests of local government staff employed by or in the areas of those authorities; to require those authorities and their officers to furnish information in connection with proposals for the abolition of those authorities and the transfer of their functions; to postpone the exercise of certain functions by or in relation to those authorities; to control the general expenditure powers of, and disposals of land and contracts made by, those authorities; and to confer rights in respect of the accounts and finances of those authorities on London borough councils, the Common Council and metropolitan district councils.

[31st July 1984]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same:—

Modifications etc. (not altering text)

C1 Act, except sections 4, 6(3), 10, 11 and 13 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

Part I U.K.

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1–3 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

Part II U.K.

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 1–3 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

Part III U.K. Staff Commission

4 Establishment and functions of staff commission. U.K.

(1) The Secretary of State, after consulting such bodies representative of relevant authorities or of staff employed by them as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for the purpose of—

(a) advising the Secretary of State on the steps necessary to safeguard the interests of the staff employed by relevant authorities; and

(b) considering and keeping under review—

(i) the arrangements for the recruitment of staff by those authorities; and

(ii) the arrangements for any transfer of staff employed by them in the event of Parliament approving any transfer of functions to which this section applies.

(2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to—

(a) the furnishing of any information requested, and the implementation of any advice given, by the commission; and

(b) the payment by a relevant authority of any expenses incurred by the commission in doing anything requested by the authority;

and it shall be the duty of the commission and of a relevant authority to comply with any direction given to it under this subsection.

(3) Any expenses incurred by the staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State.

(4) The relevant authorities for the purposes of this section are—

(a) the Greater London Council, the London borough councils and the Common Council;

(b) metropolitan county councils and metropolitan district councils;

and this section applies, in relation to authorities within paragraph (a) above, to any transfer of functions from the Greater London Council to the London borough councils, to the Common Council or to any other body and, in relation to authorities within paragraph (b) above, to any transfer of functions from metropolitan county councils to metropolitan district councils or to any other body.

Modifications etc. (not altering text)

C2 S. 4 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 50(1)

C3 S. 4(1)(a)(b): s. 50(1) of Local Government Act 1985 (c. 51, SIF 81:1) provides that s. 50(2) and (3) of that Act shall have effect instead of S. 4(1)(a)(b) of 1984 Act.

C4 S. 4(2)(3) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 50(3) and S.I. 1985/1383, art. 6

C5 S. 4(4): s. 50(1) of Local Government Act 1985 (c. 51, SIF 81:1) provides that s. 50(2) and (3) of that Act shall have effect instead of S. 4(4) of 1984 Act.

Part IV U.K. Miscellaneous and Supplementary

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 5, 6(1)(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

6 Postponement of exercise of functions. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) An order under section 29 of the M1 Reservoirs Act 1975 may appoint different days for the coming into force of that Act (or any provision of that Act) in different areas and any such order may make such modifications in any provision of that Act as appear to the Secretary of State to be required in consequence of that Act or any of its provisions coming into force in accordance with an order made by virtue of this subsection.

Textual Amendments

F4 Ss. 5, 6(1)(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

Marginal Citations

M1 1975 c. 23.

7—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 7–9 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

10 Disqualification for contravention of sections 8 and 9. U.K.

(1) If, on the application of a constituent council or a local government elector for the area of a constituent council, it appears to the High Court that the Greater London Council or a metropolitan county council has made a disposal in contravention of section 8 above or entered into a contract in contravention of section 9 above, the court may order any person responsible for authorising the disposal or contract who is, or was at the time of the conduct in question, a member of the council to be disqualified for being a member of that council and to be disqualified for a specified period for being a member of any other local authority.

(2) In sections 80(1)(e), 86(b)(1)(d) of the principal Act references of [F6 the Audit Commission Act 1998] shall include references to this section.

Textual Amendments

F6 Words in s. 10(2) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 8(1)

Modifications etc. (not altering text)

C6 S. 10 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 93(4)

C7 S. 10 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 93(6)

11 Accounts and financial consultation. U.K.

(1) Each of the constituent councils shall, in respect of the accounts of the Greater London Council or, as the case may be, of the relevant metropolitan county council, have the same rights as those conferred on a local government elector for Greater London or that county by [F7 sections 15 to 18 of the Audit Commission Act 1998] (right to question auditor, to make objections and to appeal to the court).

(2) The Greater London Council and each metropolitan county council shall consult its constituent councils about its proposals for expenditure and the financing of expenditure in the financial year beginning on 1st April 1985 and about any other proposal that would involve expenditure in a subsequent financial year.

(3) The Greater London Council and each metropolitan county council shall—

(a) comply with the duty imposed by subsection (2) above before it determines for the purposes of section 11 of the M2 General Rate Act 1967 the amount of its total estimated expenditure for the financial year beginning on 1st April 1985;

(b) have regard, in performing that duty, to any guidance given by the Secretary of State as to the timing and manner of consultation; and

(c) make available to its constituent councils such information concerning its past and proposed expenditure and financing of expenditure as may be prescribed by regulations made by the Secretary of State.

(4) The power to make regulations under subsection (3)(c) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F7 Words in s. 11(1) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 8(2)

Marginal Citations

M2 1967 c. 9.

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 S. 12 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 91(8), 93(2), 96, 102, Sch. 17

13 Short title and interpretation. U.K.

(1) This Act may be cited as the Local Government (Interim Provisions) Act 1984.

(2) For the purposes of this Act the constituent councils are—

(a) in relation to the Greater London Council, the London borough councils and the Common Council; and

(b) in relation to a metropolitan county, the councils of the metropolitan districts comprised in the county.

(3) In this Act “the principal Act” means the M3 Local Government Act 1972.

(4) Any expression used in this Act which is also used in the principal Act has the same meaning as in that Act.

Marginal Citations

M3 1972 c. 70.