C3C4C5C6C7C8C10C9 Part III Local Government Administration

Annotations:
Modifications etc. (not altering text)
C3

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C4

Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C5

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C6

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C7

Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

25 Authorities subject to investigation.

1

This Part of this Act applies to F1the following authorities—

a

any local authority,

F2aaa

the Greater London Authority;

aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3ab

a National Park authority F34for a National Park in England ;

b

any joint board the constituent authorities of which are all local authorities,

F49F4ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

bb

any development corporation established for the purposes of a new town,

F5bbb

the London Development Agency;

bc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

bd

any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 F30for an urban development area in England ,

F48bda

a Mayoral development corporation,

F6be

any housing action trust established under Part III of the Housing Act 1988F31for a designated area in England

F7bf

the F50Homes and Communities Agency;

F8F27bg

a fire and rescue authority F29in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

C1C2F9c

any joint authority established by Part IV of the Local Government Act 1985;

F10cza

the London Fire and Emergency Planning Authority;

F11ca

any police authority established under F12section 3 of the Police Act 1996F32for a police area in England ;

F14F13caa

the Metropolitan Police Authority;

F15caa

the Service Authority for the National Crime Squad;

cb

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16F17. . .

F18cc

Transport for London; F19and

F46cd

an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);

F47ce

any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

cf

any combined authority established under section 103 of that Act;

F20d

in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any regional flood defence committee F33for an area wholly or partly in England ;

F21;and

e

the London Transport Users’ Committee.

2

Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a precept.

3

An Order made by virtue of subsection (2) above may be varied or revoked by a subsequent Order so made and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Any reference to an authority to which this Part of this Act applies includes a reference—

a

to the members and officers of that authority, and

F44b

to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),

F44c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.

F404ZA

Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.

F224A

Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

a

the London Assembly;

F37b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39F234B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F245

Any reference to an authority to which this Part of this Act applies also includes a reference to—

F36a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28c

an admission appeal panel constituted F42 by the authority in accordance with regulations under section 94(5) or 95(3) of F35the School Standards and Framework Act 1998 ,

d

the governing body of any community, foundation or voluntary school F45 maintained by the authority so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.F25and

e

an exclusion appeal panel constituted F43 by the authority in accordance with regulations under section 52 of the Education Act 2002.

F416

Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.

7

For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—

a

on behalf of the authority, and

b

in the exercise of the authority's function.

8

Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.