Local Government, Planning and Land Act 1980

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Point in time view as at 01/04/1996. There are multiple versions of this provision on screen. These apply to different geographical extents. This version of this provision has been superseded.

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Local Government, Planning and Land Act 1980, Section 2 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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2 Duty of authorities to publish information.E+W

(1)The authorities to whom this section applies are—

(a)a county council;

[F1(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F3council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h)a fire authority constituted by a combination scheme under section 5 or 6 of the M1Fire Services Act 1947, or in Scotland, a joint [F4board] constituted by an administration scheme under section 36 of that Act [F5or section 147 of the Local Government (Scotland) Act 1973];

(j)[F6a police committee constituted under section 2 of the Police Act 1964 or in Scotland]a police authority constituted under section 2 of the M2 Police (Scotland) Act 1967 ;

(k)[F6a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F7board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [F7, 20 or 21B] of the Police (Scotland) Act 1967; . . . F8

[F9(ka)a joint authority established by Part IV of the M3Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2)The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(3)In relation to the Inner London Education Area functions conferred on education authorities by the Education Acts 1944 to 1980 shall be treated for the purposes of this section as conferred on the Inner London Education Authority.

(4)a code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a)its dispatch with, or inclusion in, a demand note on which a rate is levied under the M4General Rate Act 1967 or the M5 Local Government (Scotland) Act 1973

[F11(b)its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with regulations under section 23 of the M6Local Government Finance Act 1982 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the M7Local Government (Scotland) Act 1973; or]

(c)its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8)A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9)Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10)More than one code may be issued under this section, and different codes may deal with—

(a)different classes of information;

(b)different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c)different manners, forms or occasions of publication.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1S. 2(1)(aa) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 57(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F2S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F3Words in s. 2(1)(g) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(a); S.I. 1996/323, art. 4(1)(c)

F4Word in s. 2(1)(h) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(b)(i); S.I. 1996/323, art. 4(1)(c)

F5Words in s. 2(1)(h) inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(b)(ii); S.I. 1996/323, art. 4(1)(c)

F6Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F7Words in s. 2(1)(k) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(c); S.I. 1996/323, art. 4(1)(c)

F8Word repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 59(1)(a)

F9S. 2(1)(ka) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 59(1)(a)

F10S. 2(1)(l) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237, Sch. 13 Pt. I

F11S. 2(7)(b) substituted by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 34, Sch. 5 para 8(1)

Modifications etc. (not altering text)

C2S. 2(7)(ka) extended by S.I. 1985/1884, art. 10, Sch. 3 para 4(s), 1987/2110 art. 2, Sch. 1 para 8(n)

Marginal Citations

M11947 c. 41 (50).

M21967 c. 77.

M31985 c. 51 (81:1).

M41967 c. 9 (103:1, 2).

M51973 c. 65 (81:2).

M61982 c. 32 (81:1).

M71973 c. 65(81:2).

2 Duty of authorities to publish information.S

(1)The authorities to whom this section applies are—

(a)a county council;

[F12(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F14council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h)a fire authority constituted by a combination scheme under section 5 or 6 of the M8Fire Services Act 1947, or in Scotland, a joint [F14board]constituted by an administration scheme under section 36 of that Act [F15or section 147 of the M9Local Government (Scotland) Act 1973];

(j)[F16a police committee constituted under section 2 of the M10 Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M11 Police (Scotland) Act 1967 ;

(k)[F16a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F14board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [, 20 or 21B] of the Police (Scotland) Act 1967; . . . F17

[F18(ka)a joint authority established by Part IV of the M12Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4)a code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a)its dispatch with, or inclusion in, a demand note on which a rate is levied under the M13General Rate Act 1967 F20. . .

[F21(aa)its dispatch with, or inclusion in—

(i)a demand note for payment of rates issued under section 237(1) of the M14Local Government (Scotland) Act 1947 ; or

[F22(ii)a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992]]

(b)its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the M15 Local Government Act 1972 or section 105 of the M16Local Government (Scotland) Act 1973; or