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Version Superseded: 02/11/2018

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Part VIIE+W Miscellaneous Powers of Local Authorities

Modifications etc. (not altering text)

C2Pt. 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)

C3S. 111 extended by Housing Act 1974 (c. 44), s. 126(1)

C5S. 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.

C6S. 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)

C8S. 111 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C9S. 111 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C11S. 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.

[F1(2A)A local authority's power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement) [F2and in relation to a local authority in Wales, section 143A of the Local Government (Wales) Measure 2011 (functions of the Independent Remuneration Panel in relation to salaries of heads of paid service).]]

(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—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)chief education officers appointed under [F4section 532 of the Education Act 1996];

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the M1Agriculture Act 1970; and

(g)directors of social services appointed under section 6 of the M2Local Authority Social Services Act 1970 [F7or section 144 of the Social Services and Well-being (Wales) Act 2014];

and it is hereby declared that subsection (3) above does not apply F8 ... 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 M3Local Authorities (Goods and Services) Act 1970.

Textual Amendments

F1S. 112(2A) inserted (15.1.2012 for E., 31.1.2012 for W.) by Localism Act 2011 (c. 20), ss., 41(4), 240(3)(a); S.I. 2012/193, art. 2(a)

F4Words in s. 112(4)(b) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 23 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 19)

F5S. 112(4)(c) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, 61, Sch. 1 para. 40, Sch. 2; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C14S. 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.

C15S. 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

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C18S. 112 modified by 1999 c. 29, Sch. 27A para. 3(1) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 15; S.I. 2018/227, art. 2(b)(iii))

C19S. 112(1)(2)(5) applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)

C20S. 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.

[F9(1A)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with [F10the National Institute for Health and Care Excellence,] [F11the Secretary of State, the National Health Service Commissioning Board,] F12 ... a [F13Strategic Health Authority,][F14[F15Local Health Board], [F16clinical commissioning group,] Special Health Authority, F17...] [F18, NHS trust or NHS foundation trust]—

(a)for the placing at the disposal of [F19the National Institute for Health and Care Excellence,] [F20the Secretary of State, the National Health Service Commissioning Board,] F17... the [F13Strategic Health Authority,] [F21[F15Local Health Board], [F16clinical commissioning group,] Special Health Authority] [F18, NHS trust or NHS foundation 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 [F22the National Institute for Health and Care Excellence,] [F23the Secretary of State, the National Health Service Commissioning Board,] F17... the [F13Strategic Health Authority,] [F24[F15Local Health Board], [F16clinical commissioning group,] Special Health Authority] [F18, NHS trust or NHS foundation 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.

[F25(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.]

[F26(4)In subsection (1A) above [F27 “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,] [F28“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,] [F29“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and] “NHS trust” means a National Health Service trust established under [F30section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] F31....]

Textual Amendments

F12Words in s. 113(1A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 3; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14Words in s. 113(1A) substituted (8.2.2000) by virtue of S.I. 2000/90, art. 3(1), Sch. 1 para. 10(a)

F15Words in s. 113(1A) (1A)(a) (1A)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), Sch. para. 8(2)(a)

F21Words 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)

F24Words 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)

F28Words in s. 113(4) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), Sch. para. 8(2)(b)

Modifications etc. (not altering text)

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C23S. 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

C24S. 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)

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C33S.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)

C34S. 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.

C37Ss. 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)

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C41S. 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

C42S.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)

C45Ss. 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 [F32or elected] by that authority to any paid office, other than to the office of chairman or vice-chairman [F33or, 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

F32Words 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)

F33Words 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)

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C48S. 116 modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 175(6), 231(7), 235(6)

S. 116 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2

S. 116 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2

C49S. 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

C51S. 116 restricted (23.11.1995) by S.I. 1995/2803, art. 19(1), Sch. 6 para. 1

C52S. 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)

C55Ss. 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 [F34level 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)

C17Ss. 112-117 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C60S. 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

C61S.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)

C64Ss. 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

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 M4Superannuation 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 F36. . .

(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 M5Administration 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)

C74S. 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.

C75S. 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)

C78S. 119 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C79Section 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 M6Compulsory 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.

[F37(3A)Police and crime commissioners and the Mayor's Office for Policing and Crime are to be treated as principal councils for the purposes of—

(a)this section (apart from subsection (1)(b)), and

(b)section 121.]

[F38(3B)A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).]

(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.

Textual Amendments

F38S. 120(3B) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 24; S.I. 2017/399, reg. 2, Sch. para. 38

Modifications etc. (not altering text)

C84S. 120 amended and certain functions transferred by S.I. 1989/304, art. 5(3)(g)(4)

C85S. 120 amended by S.I. 1989/304, art. 5(4)(c)

C86S. 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

C87S. 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)

C91Ss. 120-123 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C93Ss. 120-123 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C95S. 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 M7Local 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 [F39Acquisition of Land Act 1981] shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above F40. . ..

Textual Amendments

Modifications etc. (not altering text)

C91Ss. 120-123 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C93Ss. 120-123 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C97S. 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)

C98S. 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.

C104S. 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 [F41section 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, . . . F42 or fuel or field garden allotment (giving those expressions the same meanings as in [F43the 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,

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45(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.]

F46(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 M8Lands Clauses Consolidation Act 1845 and section 10 of the M9Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

F47(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C91Ss. 120-123 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C93Ss. 120-123 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C105S. 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, [F48and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010,] 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.

[F49(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.

[F50(2AA)Subsection (2A) does not apply to a disposal to which the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 apply.]

(2B)Where by virtue of subsection (2A) above [F51or in accordance with the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010.] 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.]

F52(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(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)

C91Ss. 120-123 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C93Ss. 120-123 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C107S. 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)

C108S. 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

C109S. 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)

C110S. 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)

C111S. 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)

C113S. 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)

C119S. 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

C120S. 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)

C121S. 123(2) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(1)

C123S. 123(2)(2A) excluded by 2010 c. 32, Sch. 1 para. 20(2) (as substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 1; S.I. 2012/84, art. 3 (with art. 5))

C124S. 123(2) excluded (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 43

C125S. 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)

C126S. 123(2A) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(2)

F54123A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 M10Compulsory 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

[F55125 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.]

[F56(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)

C129S. 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 [F57section 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, F58. . . or fuel or field garden allotment (giving those expressions the same meanings as in [F59the 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,

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(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.]

F62(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 M11Lands Clauses Consolidation Act 1845 and section 10 of the M12Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

F62(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, [F63and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010,] 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.

[F64(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 [F65the Charities Act 2011].

(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

F65Words in s. 127(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 26 (with s. 20(2), Sch. 8)

Modifications etc. (not altering text)

C130S. 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 M13Town 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)

C131S. 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.

C132S. 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)

C133Ss. 128-131 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C135Ss. 128-131 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C136Ss. 128-131 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C137S. 128(1) amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C138S. 128(2) restricted by Housing Act 1980 (c. 51, SIF 61), s. 137(1)

C142S. 128(2) excluded by Housing Act 1985 (c. 68, SIF 61), s. 44(2)

S. 128(2) extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 128(2) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(c)

C143S. 128(2) applied by 1990 c. 8, s. 233(9) (as inserted (25.6.2013 for E.) by Growth and Infrastructure Act 2013 (c. 27), ss. 8(3), 35(1); S.I. 2013/1124, art. 3)

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 M14Compulsory 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)

C133Ss. 128-131 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C135Ss. 128-131 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C136Ss. 128-131 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C144S. 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.

C145S.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 M15Duchy of Lancaster Lands Act 1855.

Modifications etc. (not altering text)

C133Ss. 128-131 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C135Ss. 128-131 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C136Ss. 128-131 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C146S. 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.

C147S. 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 M16Open 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 M17Technical and Industrial Institutions Act 1892;

(b)the Military Lands Acts 1892 to 1903;

F66(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Allotments Acts 1908 to 1950;

(e)the Small Holdings and Allotments Acts 1908 to 1931;

[F67(f)the Ancient Monuments and Archaeological Areas Act 1979]

(g)section 28 of the M18Land Settlement (Facilities) Act 1919;

F68(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)Part III of the M19Agriculture Act 1970; and

F69(jj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)any local Act (including an Act confirming a provisional order).

F70(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(m)the Housing Act 1985]

(3)Nothing in the foregoing provisions of this Part of this Act shall affect the operation of [F72sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions 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 [F73section 117(3)(a) (certain statutorily authorised dispositions not to require the sanction of the Charity Commission)].

(4)In this section “local authority” includes a parish meeting and the parish trustees of a parish.

Textual Amendments

F72Words in s. 131(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 27(a) (with s. 20(2), Sch. 8)

F73Words in s. 131(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 27(b) (with s. 20(2), Sch. 8)

Modifications etc. (not altering text)

C133Ss. 128-131 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C135Ss. 128-131 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C136Ss. 128-131 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C148S. 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)

C149S. 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.

C150S. 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)

C152S. 132 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

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 [F74local authority] F75. . . 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 [F74local authority] F75. . . 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 [F76principal 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.

[F77(6)In subsections (1) and (2) “local authority” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F75Words in s. 134(1)(2) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F76Words in s. 134(2)(c) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 29 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C153S. 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

C154S. 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)

C155S. 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

C156S. 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

C160S. 135 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C161S. 135 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, 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)

C163S. 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)

[F78137 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.

F79(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.

F80(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 [F81, in the case of a parish or community council,] 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 [F82Schedule 12B to this Act], by

(b)the relevant population of the authority’s area.

(4AA)F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(4C)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 expenditureF85. . . .

[F86(7A)In relation to England, [F87section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc)] applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to [F88section 3(3)] of that Act.

(7B)In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act.]

F89(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F90(9)Subject to subsection (10) below, in this section “local authority”[F91 means—

(a)a parish council which is not an eligible parish council for the purposes of [F92Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) ], or

(b)a 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

F78S. 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

F82Words in s. 137(4)(a) substituted (27.11.2003 for W. and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 118(1), 128; S.I. 2003/3034, art. 2(1), Sch. 1 Pt. I; S.I. 2003/2938, art. 7(a) (subject to art. 8, Sch.)

F83S. 137(4AA) repealed (27.11.2003 for W. and otherwise prosp.) by Local Government Act 2003 (c. 26), ss. 127(2), 128, Sch. 8 Pt. 1; S.I. 2003/3034, art. 2(1), Sch. 1 Pt. I

F85Words in s. 137(7) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 72, 73, Sch. 2 para. 1(1)(2), Sch. 4; S.I. 2005/558, art. 2(1) Sch. 1 (subject to Sch. 2)

F90S. 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

F91Words in s. 137(9) substituted (31.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 7(2); S.I 2008/3110, {art. 3(c)}

F92Words in s. 137(9)(a) substituted (4.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 1 para. 1; S.I. 2012/1008, art. 2(b) (with arts. 7, 8)

Modifications etc. (not altering text)

C167S. 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)).

C168S. 137(4B)(d) amended (28.11.1994) by S.I. 1994/2825, reg. 14(1)(a)

C169S. 137(4B)(f)(iii) amended (28.11.1994) by S.I. 1994/2825, reg. 14(1)(b)

C170S. 137(7) amended (28.11.1994) by S.I. 1994/2825, reg. 14(2)

[F93137A 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)

C171S. 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.

F94(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F96Nothing in this section authorises] a local authority to execute—

(a)any drainage or other works in any part of a main river, [F97within 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 [F97 sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991],

but subject to those limitations, [F98the powers conferred by subsections [F99subsection (1) 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.

[F100(5)With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and [F101the London Fire Commissioner] 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

F101Words in s. 138(5) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 40; S.I. 2018/227, reg. 4(c)

Modifications etc. (not altering text)

[F102138APrayers and other observancesE+W

(1)The business at a meeting of a local authority in England may include time for—

(a)prayers or other religious observance, or

(b)observance connected with a religious or philosophical belief.

(2)Subsection (1) also applies in relation to meetings of—

(a)a committee of a local authority in England,

(b)a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or

(c)a sub-committee of such a committee or joint committee.

(3)Subsections (1) and (2) do not limit other powers.

Textual Amendments

Modifications etc. (not altering text)

C174S. 138A modified by 1995 c. 25, Sch. 8 para. 3(1A) (as inserted (26.5.2015) by Local Government (Religious etc. Observances) Act 2015 (c. 27), ss. 2(3), 3(2))

138BInvolvement with religious events and events connected with a beliefE+W

(1)A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following—

(a)a religious event,

(b)an event with a religious element,

(c)an event connected with a religious or philosophical belief, or

(d)an event with an element connected with such a belief.

(2)Subsection (1) does not limit other powers.

(3)Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised—

(a)for the purpose of supporting or facilitating any event mentioned in subsection (1), or

(b)for purposes that include that purpose.

(4)Subsection (3) does not limit the generality of those powers.]

Textual Amendments

Modifications etc. (not altering text)

C175S. 138B modified by 1995 c. 25, Sch. 8 para. 3(1A) (as inserted (26.5.2015) by Local Government (Religious etc. Observances) Act 2015 (c. 27), ss. 2(3), 3(2))

[F103138CApplication of sections 138A and 138B to other authoritiesE+W

(1)Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B—

(a)the London Assembly, but only for the purposes of section 138A;

(b)the Greater London Authority, but only for the purposes of section 138B;

(c)the Mayor's Office for Policing and Crime, but only for the purposes of section 138B;

(d)[F104the London Fire Commissioner but only for the purposes of section 138B;]

(e)Transport for London;

(f)a Mayoral development corporation;

(g)the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3);

(h)the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3);

(i)the Council of the Isles of Scilly;

(j)a parish meeting;

(k)charter trustees constituted—

(i)under section 246,

(ii)by the Charter Trustees Regulations 1996 (S.I. 1996/263), or

(iii)under Part 1 of the Local Government and Public Involvement in Health Act 2007;

(l)a joint authority;

(m)an economic prosperity board;

(n)a combined authority;

(o)a joint waste authority;

(p)a fire and rescue authority constituted by a scheme—

(i)under section 2 of the Fire and Rescue Services Act 2004, or

(ii)to which section 4 of that Act applies;

[F105(pa)a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;]

(q)the Passenger Transport Executive of an integrated transport area in England;

(r)an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008;

(s)a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004;

(t)a joint board continued in existence by section 263(1);

(u)a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984;

(v)a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3);

(w)an internal drainage board for a district neither wholly nor partly in Wales;

(x)a police and crime commissioner, but only for the purposes of section 138B;

(y)a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B.

(2)Section 138A(2)(a), (b) and (c) apply—

(a)as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b),

(b)as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel,

(c)as if a sub-committee of a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and

(d)as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b).

(3)Section 138B applies in relation to the Greater London Authority as follows—

(a)the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and

(b)section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly.

(4)The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1).

(5)The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1).

(6)Subsections (4) and (5) do not limit other powers.

(7)An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England—

(a)for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and

(b)for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.]

Textual Amendments

F104S. 138C(1)(d) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 41; S.I. 2018/227, reg. 4(c)

F105S. 138C(1)(pa) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 25; S.I. 2017/399, reg. 2, Sch. para. 38

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 [F106the Education Act 1996].

Textual Amendments

F106Words 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)

C176S. 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)

C177S. 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

[F107(1)A local authority may enter into a contract of [F108accident 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 M20Life Assurance Act 1774 shall not apply to any such contract, F109. . .

[F110(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 F111. . . “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

F108Words in s. 140(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 282(2)

F110S. 140(3A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 282(3)

Modifications etc. (not altering text)

C180S. 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.

C181S. 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)

C182S. 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)}

C184S. 140 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

Marginal Citations

[F112140A 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 [F113section 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)

C185Ss. 140A, 140C amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(d)

S. 140A 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. 140A: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 140A 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)

[F114140B Insurance of voluntary assistants of probation committee.E+W

(1)A county council F115. . . 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.]

[F116(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)

C187S. 140B: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

[F117140C 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—

[F118(a)contracts of permanent health insurance; and

(b)contracts of accident insurance.]

[F119(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

F118S. 140C(1)(a)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 283(2)

F119S. 140C(1A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 283(3)

Modifications etc. (not altering text)

C188Ss. 140A, 140C amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(d)

S. 140C 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. 140C: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 140C 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)

141 Research and the collection of information.E+W

(1)[F120The 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.

[F121(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)

C190S. 141: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

C192S. 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 [F122mentioned in subsection (1B) below] or by government departments or by charities and other voluntary organisations, and other information [F123relating to the functions of the authority].

[F124(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.

[F125(1AA)A local authority may—

(a)for the purpose of broadcasting or distributing information falling within subsection (1AB), provide an electronic communications network or electronic communications service, or

(b)arrange with the provider of such a network or service for the broadcasting or distribution of such information by means of the network or service.

(1AB)Information falls within this subsection, in relation to a local authority, if it is one or both of the following—

(a)information concerning the services within the area of the authority that are provided either by the authority themselves or by other authorities mentioned in subsection (1B) below;

(b)information relating to the functions of the authority.

(1AC)Nothing in subsection (1AA) entitles a local authority to do anything in contravention of a requirement or restriction imposed by or under—

(a)[F126Part 2 of the Wireless Telegraphy Act 2006],

(b)the Broadcasting Act 1990,

(c)the Broadcasting Act 1996, or

(d)the Communications Act 2003,

and in that subsection “electronic communications network” and “electronic communications service” each has the same meaning as in the Communications Act 2003.]

(1B)The other authorities referred to above are any other local authority, . . . F127 a joint authority established by Part IV of the Local Government Act 1985 [F128, an economic prosperity board, a combined authority] 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 [F129relating 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.

[F130(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.

(4)[F131This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.]

Textual Amendments

F125S. 142(1AA)-(1AC) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 349(2), 411(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3, Sch. 1

F126Words in s. 142(1AC) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 5

F131S. 142(4) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 42; S.I. 2018/227, reg. 4(c)

Modifications etc. (not altering text)

C193S. 142 amended by S.I. 1990/1765, art. 4(2)

C194S. 142 modified by S.I. 1990/1765, art. 4(2)(b)

C195S. 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)

C207S. 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.

C208S. 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)

C209S. 143 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

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 F132. . ., 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.

F133(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “local authority” includes the Common Council.

Textual Amendments

Modifications etc. (not altering text)

C212S. 144: functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 1

C216S. 144: functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 2

C217S. 144: functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 2

C218S. 144: functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 1

C219S. 144: functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 2

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 [F135alcohol] .

(5)In this section, the expression “local authority” includes the Common Council.

Textual Amendments

F135Word in s. 145(4) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 59 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C221S. 145 amended and certain functions transferred by S.I. 1989/304, art. 5(3)(h)(4)

C222S. 145: functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 13

C223S. 145: functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 19

C224S. 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 M21Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

[F136(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 M22London 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;

  • [F137“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 [F138the county court] would have jurisdiction if the application were an application made under the M23Trustee Act 1925, by that court.

Textual Amendments

F138Words in s. 146(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C227S. 146 amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(e)

S. 146 applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

S. 146 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 146 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 146 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 4 (with ss.7(6), 115, 117, Sch. 8 para. 7)

C233S. 146(1)(b) extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 4 (with ss.7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

[F139146A Joint Authorities and Inner London Education Authority.E+W

(1)[F140Subject to [F141subsections (1ZA), (1ZB) [F142, (1ZC)] [F143, (1ZD) [F144, (1ZE) or (1ZF)]]] below,] a joint authority, [F145an economic prosperity board, a combined authority,]F146... [F147and] [F148the London Fire Commissioner] F149... F150... [F151 shall each be] treated—

(a)as [F152a 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.

[F153(1ZA)In its application by virtue of subsection (1) to an economic prosperity board, section 111 has effect as if it did not permit the borrowing of money.

(1ZB)In its application by virtue of subsection (1) to a combined authority, section 111 has effect as if it permitted the borrowing of money for the purposes of the exercise by the authority of its transport functions only.]

[F154(1ZC)Neither a metropolitan county fire and rescue authority, nor [F155the London Fire Commissioner], is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004).]

[F156(1ZD)An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

(1ZE)Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).]

[F157(1ZF)The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.]

F158(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158(1AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F140Words 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.

F142Words in s. 146A(1) inserted (18.2.2012) by Localism Act 2011 (c. 20), ss. 9(8)(a), 240(2); S.I. 2012/411, art. 2(c)

F143Words in s. 146A(1) substituted (18.2.2012) by virtue of Localism Act 2011 (c. 20), ss. 14(1)(a), 240(2); S.I. 2012/411, art. 2(e)

F144Words in s. 146A(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 43(2)(a)

F146Words in s. 146A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(h); S.I. 2015/994, art. 6(g)

F148Words in s. 146A(1) substituted (31.1.2017 for specified purposes, 22.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 43(2)(b); S.I. 2018/227, reg. 3(1)(d)(i)

F149Word 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.

F151Words 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)

F155Words in s. 146A(1ZC) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 43(3)

F156S. 146A(1ZD)(1ZE) inserted (18.2.2012) by Localism Act 2011 (c. 20), ss. 14(1)(b), 240(2); S.I. 2012/411, art. 2(e)

F157S. 146A(1ZF) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 43(4)

F159S. 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)

C234S. 146A(1) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(j)

C235S. 146A(1) modified by S.I. 1987/2110, art. 2(2) Sch. 1 para. 3(j)

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