C2C3 Part VIII Financial Administration
Pt. VIII applied (with modifications) (24.3.2005) by The New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 3 para. 2
C1115 Authority’s duties as regards reports.
1
This section applies where copies of a report under section 114 above have been sent under section 114(4) above.
F11A
Where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, section 115A below shall have effect in place of subsections (2) and (3) below.
2
The authority shall consider the report at a meeting where it shall decide whether it agrees or disagrees with the views contained in the report and what action (if any) it proposes to take in consequence of it.
3
The meeting must be held not later than the end of the period of 21 days beginning with the day on which copies of the report are sent.
F23A
In the case of the London Development Agency or Transport for London, Part VA of the 1972 Act (access to meetings etc) shall have effect in relation to the meeting as if that authority were a principal council.
4
Section 101 of the 1972 Act (delegation) shall not apply to the duty under subsection (2) above where the authority is one to which that section would apply apart from this subsection.
F34A
In the case of the London Development Agency or Transport for London, neither—
a
paragraph 7 of Schedule 2 to the M1Regional Development Agencies Act 1998 (delegation by London Development Agency etc), nor
b
paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London),
shall apply to the duty under subsection (2) above.
5
If the report was made under section 114(2) above, during the prohibition period the course of conduct which led to the report being made shall not be pursued.
6
If the report was made under section 114(3) above, during the prohibition period the authority shall not enter into any new agreement which may involve the incurring of expenditure (at any time) by the authority F9unless the chief finance officer of the authority authorises it to do so.
F86A
The chief finance officer may only give authority for the purposes of subsection (6) above if he considers that the agreement concerned is likely to—
a
prevent the situation that led him to make the report from getting worse,
b
improve the situation, or
c
prevent the situation from recurring.
6B
Authority for the purposes of subsection (6) above shall—
a
be in writing,
b
identify the ground on which it is given, and
c
explain the chief finance officer’s reasons for thinking that the ground applies.
7
If subsection (5) above is not complied with, and the authority makes any payment in the prohibition period as a result of the course of conduct being pursued, it shall be taken not to have had power to make the payment (notwithstanding any obligation to make it under contract or otherwise).
8
If subsection (6) above is not complied with, the authority shall be taken not to have had power to enter into the agreement (notwithstanding any option to do so under contract or otherwise).
9
In this section “the prohibition period” means the period—
a
beginning with the day on which copies of the report are sent, and
b
ending with the first business day to fall after the day (if any) on which the authority’s consideration of the report under subsection (2) above is concluded.
F49A
In the application of this section where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, subsection (9) above shall have effect with the substitution for paragraph (b) of—
“
ending with the first business day to fall after the day (if any) on which the Mayor makes the decisions under section 115A(6) below ”.
10
If subsection (3) aboveF5, or, where section 115A below applies, subsection (4) or (8) of that section, is not complied with, it is immaterial for the purposes of subsection (9)(b) above.
11
The nature of the decisions made at the meetingF6, or, where section 115A below applies, by the Mayor under subsection (6) of that section, is immaterial for the purposes of subsection (9)(b) above.
12
In subsection (9)(b) above “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales.
F713
In the application of this section in relation to the Greater London Authority, the references to the authority in subsections (5) to (12) above shall be taken as references to the Greater London Authority whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly.
14
In this section—
“the Assembly” means the London Assembly;
F10“the chief finance officer ” has the same meaning as in section 114;
“the Mayor” means the Mayor of London.
Pt. VIII (ss. 111-116) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. VIII (ss. 111-116) applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. I para. 4(1)
Power to make provision about matters of the kind dealt with by Pt. VIII (ss. 111-116) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (i); S.I. 1997/1930, art. 3(2)(m) (with art. 3(3))
Pt. VIII: power to apply conferred (31.8.2000) by 1997 c. 25, s. 59D(4) (as inserted (31.8.2000) by 1999 c. 22, s. 83(2), (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(b)