Local Government, Planning and Land Act 1980

[F1 F2 Sanctions] S

Textual Amendments

F1 Ss. 19A, 19B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para. 9

F2 Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F3 F4 19A Notice for purpose of getting information. S

(1) If it appears to the Secretary of State that a local authority or development body have carried out or undertaken construction or maintenance work [F5 , or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be]] —

(a) under a contract [F6 into which that authority have entered] in contravention of section 7 above,

(b) in circumstances where any provision of section 9(2) to (7) above has not been complied with as regards the work,

(c) in circumstances where section 10 above has not been complied with as regards the work,

(d) in circumstances where the provisions of section 12(1) above or of directions under section 12(5) above have not been complied with as regards any account kept in respect of the work,

(e) in circumstances where section 13 above has not been complied with as regards the preparation or contents of the documents required by that section for the financial year in which the work is undertaken,

(f) in circumstances where any provision of section 16 F7 . . . above has not been complied with as regards work of the description concerned, or

(g) in circumstances where any provision of section 18(1) to (2A) above has not been complied with as regards the financial year in which the work is undertaken,

he may serve on the authority or body a written notice falling within subsection (2) below.

(2) The notice is one which—

(a) informs the authority or body that it appears to him that they have acted as mentioned in one of the paragraphs (identified in the notice) of subsection (1) above,

(b) identifies the work concerned and states why it so appears, and

(c) contains the requirement mentioned in subsection (3) below.

(3) The requirement is that the authority or body submit to him within such time as is specified in the notice a written response which—

(a) states that they have not acted as mentioned in the paragraph concerned of subsection (1) above and justifies the statement, or

(b) states that they have acted as so mentioned and gives reasons why he should give a direction under section 19B below.

(4) The Secretary of State may serve on an authority or body different notices under this section identifying the same work, whether they identify the same paragraph or different paragraphs of subsection (1) above.

Textual Amendments

F3 Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F4 Ss. 19A, 19B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para. 9

F5 Words in s. 19A(1) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 6(a); S.I. 1992/3241, art. 2.

F6 Words in s. 19A(1)(a) substituted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 6(b); S.I. 1992/3241, art. 2.

F7 Words in s. 19A(1)(f) repealed (8.8.1996) by Local Government Act 1992 (c. 19), s. 29, Sch. 4 Pt. I; S.I. 1996/1888, art. 2

Modifications etc. (not altering text)

C1 S. 19A applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

C2 S. 19A(4) applied (9.1.1995) by S.I. 1994/3167, reg. 8(3)

[F8 F9 19B Power to give directions. S

(1) Where—

(a) the Secretary of State has served notice on an authority or body under section 19A above,

(b) the time specified in the notice has expired (whether or not he has received a written response to the notice), and

(c) it still appears to him that the authority or body have acted as mentioned in the paragraph concerned of section 19A(1) above,

he may give a direction under subsection (2) or (3) below.

(2) The Secretray of State may direct that with effect from such date as is specified in the direction the authority or body—

(a) shall cease to have power to carry out such construction or maintenance work as is identified in the direction, or

(b) shall, as regards such construction or maintenance work as is so identified, only have the power to carry it out if such conditions as are specified in the direction are fulfilled.

(3) Alternatively, he may direct that with effect from such date as is specified in the direction the authority or body—

(a) shall cease to have power to carry out such construction or maintenance work as is identified in the direction, and

(b) shall, as regards such other construction or maintenance work as is so identified, only have power to carry it out if such conditions as are specified in the direction are fulfilled.

(4) Where the Secretary of State has given a direction under subsection (2) or (3) above or this subsectoin (the previous direction) he may give a direction (a new direction) that with effect from such date as is specified in the new direction—

(a) any prohibition applying by virtue of the previous direction (whether the prohibition applies outright or if the conditions are not fulfilled) shall cease to apply,

(b) any outright prohibition applying by virtue of the previous direction is replaced by a prohibition applying (as regards the same work) if conditions specified in the new direction are not fulfilled, or

(c) any prohibition applying as regards work by virtue of the previous direction (whether the prohibition applies outright or if conditions are not fulfilled) is replaced by a prohibition which applies only to such of that work as is identified in the new direction but which is otherwise in the same terms as the prohibition in the previous direction.

(5) If the Secretary of State directs under this section that an authority or body shall cease to have power to carry out work, or shall only have power to carry out work if certain conditions are fulfilled, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to do the work or (as the case may be) to do it without the need for the conditions to be fulfilled.

[F10 (5A) The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—

(a) the Secretary of State has been satisfied as to any matter specified or described in the direction; or

(b) the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.]]

(6) The power to give a direction under this section shall be exercised in writing [F11 and, without prejudice to subsection (4) above, shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority or body to which the direction relates.]

(7) A direction under this section may include such supplementary, incidental, consequential or transitional provisions (whether with respect to work in progress or outstanding contractual commitments or otherwise) as appear to the Secretary of State to be necessary or expedient.

Textual Amendments

F8 Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F9 Ss. 19A, 19B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para. 9

F10 S. 19B(5A) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 7(1); S.I. 1992/3241, art. 2.

F11 Words in s. 19B(6) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 7(2); S.I. 1992/3241, art. 2.

Modifications etc. (not altering text)

C3 S. 19B applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

C4 S. 19B(2)-(7) applied (9.1.1995) by S.I. 1994/3167, reg. 9