Local Government Act 2000

1. Introductory Text

2. Part I Promotion of economic, social or environmental well-being etc

   1. Interpretation

      1. 1. Meaning of “local authority” in Part I.

   2. Promotion of well-being

      1. 2. Promotion of well-being by community councils.

      2. 3. Limits on power to promote well-being.

      3. 4. Strategies for promoting well-being.

      4. 4A. Strategies: parishes

      5. 5. Power to amend or repeal enactments.

   3. Modification of certain enactments

      1. 6. Power to modify enactments concerning plans etc.

      2. 7. Power to modify enactments concerning plans etc: Wales.

      3. 8. Modification of section 137 of the 1972 Act.

   4. Procedure for orders under this Part

      1. 9. Procedure for orders made by the Secretary of State under section 6.

      2. 9A. Procedure for orders made by the Welsh Ministers under section ... 7

3. PART 1A Arrangements with respect to local authority governance in England

   1. CHAPTER 1 Permitted forms of governance

      1. 9B. Permitted forms of governance for local authorities in England

      2. 9BA. Power of Secretary of State to prescribe additional permitted governance arrangements

   2. CHAPTER 2 Executive arrangements

      1. Local authority executives

         1. 9C. Local authority executives

      2. Executive functions

         1. 9D. Functions which are the responsibility of an executive

         2. 9DA. Functions of an executive: further provision

      3. Discharge of functions

         1. 9E. Discharge of functions: general

         2. 9EA. Discharge of functions of and by another local authority

         3. 9EB. Joint exercise of functions

      4. Overview and scrutiny committees

         1. 9F. Overview and scrutiny committees: functions

         2. 9FA. Overview and scrutiny committees: supplementary provision

         3. 9FB. Scrutiny officers

         4. 9FC. Reference of matters to overview and scrutiny committee etc

         5. 9FD. Dealing with references under section 9FC(1)(c)

         6. 9FE. Duty of authority or executive to respond to overview and scrutiny committee

         7. 9FF. Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities

         8. 9FG. Publication etc of reports, recommendations and responses: confidential and exempt information

         9. 9FH. Overview and scrutiny committees: flood risk management

         10. 9FI. Overview and scrutiny committees: provision of information etc by certain partner authorities

      5. Further provision in relation to executives

         1. 9G. Meetings and access to information etc

         2. 9GA. Meetings and access to information etc: further provision and regulations

         3. 9GB. Further provision

         4. 9GC. Absence of requirement for political balance

      6. Elected mayors etc

         1. 9H. Elected mayors etc

         2. 9HA. Election as elected mayor and councillor

         3. 9HB. Time of elections etc

         4. 9HC. Voting at elections of elected mayors

         5. 9HD. Entitlement to vote

         6. 9HE. Power to make provision about elections

         7. 9HF. Alternative mayoral titles

         8. 9HG. Alternative mayoral titles: further changes

      7. Leader and cabinet executives (England)

         1. 9I. Election and term of office of leader

         2. 9IA. Removal of leader

         3. 9IB. Leader to continue to hold office as councillor

         4. 9IC. No other means of removing leader

         5. 9ID. Regulations

   3. CHAPTER 3 The committee system

      1. 9J. Secretary of State's power to prohibit delegation of functions etc

      2. 9JA. Overview and scrutiny committee

      3. 9JB. Overview and scrutiny: flood risk management

   4. CHAPTER 4 Changing governance arrangements

      1. Changes to governance arrangements by local authorities: general provision

         1. 9K. Changing from one form of governance to another

         2. 9KA. Executive arrangements: different form of executive

         3. 9KB. Executive arrangements: other variation of arrangements

         4. 9KC. Resolution of local authority

      2. Implementation of certain changes to governance arrangements

         1. 9L. Implementation: change in form of governance or change in form of executive

      3. Referendums

         1. 9M. Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB

         2. 9MA. Referendum: proposals by local authority

         3. 9MB. Requirement to hold and give effect to referendum

         4. 9MC. Referendum following petition

         5. 9MD. Referendum following direction

         6. 9ME. Referendum following order

         7. 9MF. Further provision with respect to referendums

         8. 9MG. Voting in and conduct of referendums

      4. Further provisions as to mayor and cabinet executive

         1. 9N. Requiring referendum on change to mayor and cabinet executive

         2. 9NA. Effect of section 9N order

         3. 9NB. Variation of mayoral executive

      5. Transfer of functions: changes in governance arrangements

         1. 9NC. Transfer of functions: changes in governance arrangements not subject to a referendum

         2. 9ND. Transfer of functions: changes in governance arrangements subject to a referendum

      6. Miscellaneous

         1. 9O. General

         2. 9OA. Interpretation

   5. CHAPTER 5 Supplementary

      1. Local authority constitution

         1. 9P. Local authority constitution

      2. Guidance

         1. 9Q. Guidance

      3. Interpretation

         1. 9R. Interpretation of Part 1A

4. Part II Local authorities in Wales: arrangements with respect to executives etc.

   1. Executive arrangements

      1. 10. Executive arrangements.

   2. Local authority executives

      1. 11. Local authority executives.

      2. 12. Additional forms of executive.

   3. Executive functions

      1. 13. Functions which are the responsibility of an executive.

   4. Provisions with respect to executive arrangements

      1. 14. Discharge of functions: mayor and cabinet executive

      2. 15. Discharge of functions: leader and cabinet executive (Wales)

      3. 16. Discharge of functions: mayor and council manager executive.

      4. 17. Discharge of functions: s. 11(5) executive.

      5. 18. Discharge of functions by area committees.

      6. 19. Discharge of functions of and by another local authority.

      7. 20. Joint exercise of functions.

      8. 21. Overview and scrutiny committees.

      9. 21ZA. Scrutiny officers

      10. 21A. Reference of matters to overview and scrutiny committee etc

      11. 21B. Duty of authority or executive to respond to overview and scrutiny committee

      12. 21C. Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities

      13. 21D. Publication etc of reports, recommendations and responses: confidential and exempt information

      14. 21E. Overview and scrutiny committees of certain district councils: functions with respect to partner authorities

      15. 21F. Overview and scrutiny committees: flood risk management

      16. 21G. Designated persons

      17. 22. Access to information etc.

      18. 22A. Overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities

      19. 23. Further provision.

      20. 24. Absence of requirement for political balance.

   5. Procedure with respect to operation of executive arrangements

      1. 25. Proposals.

      2. 26. Proposals not requiring referendum.

      3. 27. Referendum in case of proposals involving elected mayor.

      4. 28. Approval of outline fall-back proposals.

      5. 29. Operation of, and publicity for, executive arrangements.

      6. 30. Operation of different executive arrangements.

   6. Alternative arrangements.

      1. 31. Alternative arrangements in case of certain local authorities.

      2. 32. Alternative arrangements.

      3. 33. Operation of alternative arrangements.

   7. Changing governance arrangements: general provisions

      1. 33ZA. Changing governance arrangements

      2. 33A. Executive arrangements: different form of executive

      3. 33B. Executive arrangements: other variation of arrangements

      4. 33C. Alternative arrangements: move to executive arrangements

      5. 33D. Alternative arrangements: variation of arrangements

      6. 33E. Proposals by local authority

      7. 33F. Resolution of local authority

      8. 33G. Implementation: new executive or move to executive arrangements

      9. 33H. Implementation: other change in governance arrangements

      10. 33I. General

   8. ...

      1. 33J. New form of executive or move to executive: general requirements

      2. 33K. Changes subject to approval in a referendum: additional requirements

      3. 33L. Change not subject to approval in a referendum: additional requirements

      4. 33M. Cases in which change subject to approval in referendum

      5. 33N. Variation of mayoral executive

   9. ...

      1. 33O. Interpretation

   10. Referendums

       1. 34. Referendum following petition.

       2. 35. Referendum following direction.

       3. 36. Referendum following order.

   11. Local authority constitution

       1. 37. Local authority constitution.

   12. Guidance

       1. 38. Guidance.

   13. Elected mayors etc.

       1. 39. Elected mayors etc.

       2. 40. Election as elected mayor and councillor.

       3. 41. Time of elections etc.

       4. 42. Voting at elections of elected mayors.

       5. 43. Entitlement to vote.

       6. 44. Power to make provision about elections.

   14. ...

       1. 44A. Election of leader: whole-council elections

       2. 44B. Election of leader: partial-council elections

       3. 44C. Removal of leader

       4. 44D. Term of office of leader: whole-council elections

       5. 44E. Term of office of leader: partial-council elections

       6. 44F. Leader to continue to hold office as councillor

       7. 44G. No other means of electing or removing leader

       8. 44H. Regulations

   15. Provisions with respect to referendums

       1. 45. Provisions with respect to referendums.

   16. Amendments to the 1972 Act

       1. 46. Amendments to the 1972 Act.

   17. Power to make further provision

       1. 47. Power to make incidental, consequential provision etc.

   18. Interpretation

       1. 48. Interpretation of Part II.

       2. 48A. Functions of the Lord President of the Council

5. Part III Conduct of local government members and employees

   1. Chapter I Conduct of members

      1. Standards of conduct

         1. 49. Principles governing conduct of members of relevant authorities.

         2. 50. Model code of conduct.

         3. 51. Duty of relevant authorities to adopt codes of conduct.

         4. 52. Duty to comply with code of conduct.

         5. 52A. County and county borough councils: duties of leaders of political groups in relation to standards of conduct

         6. 52ZA. Duty to comply with code of conduct for corporate joint committees

      2. Standards committees

         1. 53. Standards committees.

         2. 54. Functions of standards committees.

         3. 54A. Sub-committees of standards committees

         4. 55. Standards committees ... for parish councils.

         5. 56. Standards committees or sub-committees for community councils.

         6. 56A. Joint committees of relevant authorities in England

         7. 56B. Annual reports by standards committees

   2. Chapter II Investigations etc: England

      1. Standards Board for England

         1. 57. Standards Board for England.

      2. Written allegations

         1. 57A. Written allegations: right to make, and initial assessment

         2. 57B. Right to request review of decision not to act

         3. 7C. Information to be given to subject of allegation

         4. 57D. Power to suspend standards committee's functions

         5. 58. Allegations referred to Standards Board

      3. Functions of ethical standards officers

         1. 59. Functions of ethical standards officers.

      4. Investigations by ethical standards officers

         1. 60. Conduct of investigations.

         2. 61. Procedure in respect of investigations.

         3. 62. Investigations: further provisions.

         4. 63. Restrictions on disclosure of information.

      5. Reports etc. by ethical standards officers

         1. 64. Reports etc.

         2. 65. Interim reports.

         3. 65A. Disclosure by monitoring officers of ethical standards officers' reports

      6. References to monitoring officers

         1. 66. Matters referred to monitoring officers.

         2. 66A. References to First-tier Tribunal for action in respect of misconduct

      7. Information to be provided to Standards Board by relevant authority

         1. 66B. Periodic returns

         2. 66C. Information requests

      8. Consultation with ombudsmen

         1. 67. Consultation with ombudsmen .

   3. Chapter III Investigations etc: Wales

      1. Public Services Ombudsman for Wales

         1. 68. Public Services Ombudsman for Wales .

      2. Investigations

         1. 69. Investigations by the Public Services Ombudsman for Wales.

         2. 69A. Possible conflict of interest in an investigation

         3. 69B. Investigation procedure

         4. 69C. Information, documents, evidence and facilities

         5. 69D. Obstruction and contempt

         6. 69E. Disclosure of information

         7. 69F. Power of the Welsh Ministers to amend this Chapter

         8. 70. Ceasing investigations etc.

      3. Reports etc.

         1. 71. Reports etc.

         2. 72. Interim reports.

      4. References to monitoring officers

         1. 73. Matters referred to monitoring officers.

      5. Law of defamation

         1. 74. Law of defamation: absolute privilege

   4. Chapter IV Adjudications

      1. The Adjudication Panel for Wales

         1. 75. Adjudication Panel for Wales.

      2. Case tribunals and interim case tribunals

         1. 76. Case tribunals and interim case tribunals.

      3. Adjudications

         1. 77. Adjudications.

         2. 78. Decisions of ... interim case tribunals.

         3. 78A. Decisions of First-tier Tribunal

         4. 78B. Section 78A: supplementary

         5. 79. Decisions of case tribunals: Wales.

         6. 80. Recommendations by ... case tribunals.

   5. Chapter V Supplementary

      1. Disclosure and registration of members’ interests etc.

         1. 81. Disclosure and registration of members’ interests etc.

      2. Code of conduct for local government employees

         1. 82. Code of conduct for local government employees.

      3. Delegation by monitoring officers

         1. 82A. Monitoring officers: delegation of functions under Part 3

      4. Interpretation

         1. 83. Interpretation of Part III.

6. Part IV Elections

   1. 84. Meaning of “local authority” and “principal council” in Part IV.

   2. 85. Options for elections England.

   3. 86. Power to specify a scheme for elections.

   4. 87. Power to change years in which elections held.

   5. 88. Separate power to make incidental provisions etc.

   6. 89. Consequential electoral changes.

7. Part V Miscellaneous

   1. Surcharge etc.

      1. 90. Surcharge etc.

      2. 91. Advisory notices.

   2. Maladministration etc.

      1. 92. Payments in cases of maladministration etc.

   3. Welfare services

      1. 93. Grants for welfare services.

      2. 94. Disclosure of information.

      3. 95. Unauthorised disclosure of information.

      4. 96. Housing benefit.

   4. Access to information

      1. 97. Background papers.

      2. 98. Meetings and documents: notice etc.

   5. Allowances and pensions

      1. 99. Allowances and pensions for certain local authority members.

      2. 100. Power to make provision about allowances.

   6. Indemnification of members and officers of relevant authorities

      1. 101. Indemnification of members and officers of relevant authorities.

   7. Social services functions

      1. 102. Social services functions.

   8. Recoupment by local authorities of cost of providing day care

      1. 103. Recoupment by local authorities of cost of providing day care.

   9. Prohibition on promoting homosexuality: bullying

      1. 104. Prohibition on promoting homosexuality: bullying.

8. Part VI Supplemental

   1. 105. Orders and regulations.

   2. 106. Wales.

   3. 107. Minor and consequential amendments and repeals.

   4. 108. Commencement.

   5. 109. Short title and extent.

9. SCHEDULES

   1. SCHEDULE A1

      Executive arrangements in England: further provision

      1. Mayor and cabinet executives

         1. 1. (1) This paragraph applies in relation to executive arrangements by...

      2. Leader and cabinet executives (England)

         1. 2. (1) This paragraph applies in relation to executive arrangements by...

      3. Procedure

         1. 3. Executive arrangements by a local authority may include provision with...

      4. Meetings of executives and executive committees

         1. 4. A member of a local authority who is not a...

      5. 4A. Attendance of police and crime commissioner at meetings

      6. Mayor's assistant

         1. 5. (1) The Secretary of State may by regulations make provision...

      7. Overview and scrutiny committees: education functions

         1. 6. (1) In paragraphs 7 and 8 “ relevant authority ”...

         2. 7. (1) In the case of a relevant authority that maintains...

         3. 8. (1) The Secretary of State may by regulations require an...

         4. 9. The following provisions of the Education Act 1996, namely—

         5. 10. (1) Except for the expression “local authority”, expressions used in...

      8. Overview and scrutiny committees: voting rights of co-opted members

         1. 11. (1) A local authority may permit a co-opted member of...

         2. 12. (1) The Secretary of State may by regulations make provision...

         3. 13. (1) A local authority which makes a scheme for the...

   2. SCHEDULE 1

      Executive arrangements in Wales: further provision

      1. Mayor and cabinet executives

         1. 1. (1) This paragraph applies in relation to executive arrangements by...

      2. ...

         1. 1A. . . . . . . . . . ....

      3. Leader and cabinet executives (Wales)

         1. 2. (1) This paragraph applies in relation to executive arrangements by...

      4. Appointment of councillors to executive to share the same position

         1. 2A. Executive arrangements by a local authority must include provision under...

      5. Voting and quorum where members of executive share their position

         1. 2B. (1) This paragraph applies where two or more councillors of...

      6. Mayor and council manager executives

         1. 3. (1) This paragraph applies in relation to executive arrangements by...

      7. Assistants to the executive

         1. 3A. (1) Executive arrangements by a local authority may make provision...

      8. Procedure

         1. 4. Executive arrangements by a local authority may include provision with...

      9. Meetings of executives and executive committees

         1. 5. (1) An assistant to the executive of a local authority...

      10. Mayor’s assistant

          1. 6. (1) The Welsh Ministers may by regulations make provision for...

      11. Overview and scrutiny committees: education functions

          1. 7. . . . . . . . . . ....

          2. 8. (1) In this paragraph “relevant ... authority” means a local...

          3. 9. (1) In this paragraph “relevant authority” means a local authority...

          4. 10. Chapter 2 of Part 2 of the School Standards and...

          5. 11. Except for the expression “local authority”, expressions used in paragraphs...

          6. 11A. In paragraphs 8 and 10 “education functions” has the meaning...

      12. ...

          1. 12. . . . . . . . . . ....

          2. 13. . . . . . . . . . ....

          3. 14. . . . . . . . . . ....

   3. SCHEDULE 2

      Election of elected mayor

      1. Application

         1. 1. This Schedule applies where there are three or more candidates...

      2. Candidate with overall majority of first preference votes

         1. 2. If one of the candidates to be the elected mayor...

      3. No candidate with overall majority of first preference votes

         1. 3. (1) If none of the candidates to be the elected...

   4. SCHEDULE 3

      Amendments to the 1972 Act

      1. 1. (1) Section 2 of the Local Government Act 1972 (constitution...

      2. 2. (1) Section 3 of that Act (chairman of principal council...

      3. 3. (1) Section 5 of that Act (vice-chairman of principal council...

      4. 4. (1) Section 21 of that Act (constitution of principal councils...

      5. 5. (1) Section 22 of that Act (chairman of principal council...

      6. 6. (1) Section 24 of that Act (vice-chairman of principal council...

      7. 7. (1) Section 25A of that Act (title of chairman or...

      8. 8. (1) Section 80 of that Act (disqualifications for election and...

      9. 9. (1) Section 83 of that Act (declaration of acceptance of...

      10. 10. (1) Section 84 of that Act (resignation) is amended as...

      11. 11. (1) Section 245 of that Act (status of certain districts,...

      12. 12. (1) Section 270 of that Act (general provisions as to...

      13. 13. (1) Schedule 2 to that Act (constitution and membership of...

      14. 14. (1) Schedule 12 to that Act (meetings and proceedings of...

   5. SCHEDULE 4

      Standards Board for England

      1. ...

         1. . . . . . . . . . ....

      2. . . . . . . . . . ....

      3. . . . . . . . . . ....

      4. . . . . . . . . . ....

      5. . . . . . . . . . ....

      6. . . . . . . . . . ....

      7. . . . . . . . . . ....

      8. . . . . . . . . . ....

      9. . . . . . . . . . ....

      10. . . . . . . . . . ....

      11. . . . . . . . . . ....

      12. . . . . . . . . . ....

      13. . . . . . . . . . ....

      14. . . . . . . . . . ....

      15. . . . . . . . . . ....

      16. . . . . . . . . . ....

      17. . . . . . . . . . ....

      18. . . . . . . . . . ....

      19. . . . . . . . . . ....

   6. SCHEDULE 5

      Minor and Consequential Amendments

      1. Children and Young Persons Act 1933 (c. 12)

         1. 1. In section 34A of the Children and Young Persons Act...

         2. 2. In section 55 of that Act (power to order parent...

      2. Local Authority Social Services Act 1970 (c. 42)

         1. 3. In section 2 of the Local Authority Social Services Act...

         2. 4. In section 3 of that Act (business of social services...

         3. 5. In section 13 of that Act (orders and regulations), in...

         4. 6. In section 15 of that Act (citation, interpretation etc), in...

         5. 7. In Schedule 1 to that Act (enactments conferring functions assigned...

      3. Local Government Act 1972 (c. 70)

         1. 8. In section 80 of the Local Government Act 1972 (disqualifications...

         2. 9. In section 85 of that Act (vacation of office by...

         3. 10. In section 86 of that Act (declaration by local authority...

         4. 11. In section 87(1) of that Act (date of casual vacancies)—...

         5. 12. Sections 94 to 98 of that Act (restrictions on voting)...

         6. 13. Section 105 of that Act (disability for voting on account...

      4. Local Government Act 1974 (c. 7)

         1. 14. In section 25(1) of the Local Government Act 1974 (authorities...

         2. 15. In section 30 of that Act (reports on investigation by...

      5. Adoption Act 1976 (c. 36)

         1. 16. In section 2 of the Adoption Act 1976 (local authorities’...

      6. National Health Service Act 1977 (c. 49)

         1. 17. In section 28A of the National Health Service Act 1977...

      7. Registered Homes Act 1984 (c. 23)

         1. 18. In its application to a registration authority which are operating...

      8. Children Act 1989 (c. 41)

         1. 19. In section 22 of the Children Act 1989 (general duty...

         2. 20. In section 42 of that Act (right of guardian ad...

         3. 21. In section 81 of that Act (inquiries), in subsection (1)(a)...

         4. 22. In section 105 of that Act (interpretation), in subsection (5)...

         5. 23. In its application to a local authority (within the meaning...

      9. Local Government and Housing 1989 (c. 42)

         1. 24. (1) Section 5 of the Local Government and Housing Act...

         2. 25. Section 19 of that Act (members’ interests) ceases to have...

         3. 26. Sections 31 and 32(1) of that Act (National Code of...

         4. 27. Sections 33 to 35 of that Act (economic development and...

      10. Tribunals and Inquiries Act 1992 (c. 53)

          1. 28. In Part I of Schedule 1 to the Tribunals and...

      11. Audit Commission Act 1998 (c. 18)

          1. 29. In section 37 of the Audit Commission Act 1998 (social...

          2. 30. In section 49 of that Act (restriction on disclosure of...

      12. Greater London Authority Act 1999 (c. 29)

          1. 31. In section 6 of the Greater London Authority Act 1999...

          2. 32. Section 13 of that Act (failure of Mayor to attend...

          3. 33. In section 31 of that Act (limits of the general...

          4. 34. Section 66 of that Act (the Secretary of State’s guidance...

   7. SCHEDULE 6

      Repeals