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)

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)

C3S. 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.

C4S. 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)

C6S. 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 [F1local authority] F2. . . 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 [F1local authority] F2. . . 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 [F3principal 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.

[F4(6)In subsections (1) and (2) “local authority” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F2Words 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

F3Words 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)

C7S. 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

C8S. 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)

C9S. 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

C10S. 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

C14S. 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

C15S. 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