Local Government Act 1988

1988 CHAPTER 9

An Act to secure that local and other public authorities undertake certain activities only if they can do so competitively; to regulate certain functions of local and other public authorities in connection with public supply or works contracts; to authorise and regulate the provision of financial assistance by local authorities for certain housing purposes; to prohibit the promotion of homosexuality by local authorities; to make provision about local authorities’ publicity, local government administration, the powers of auditors, land held by public bodies, direct labour organisations, arrangements under the Employment and Training Act 1973, the Commission for Local Authority Accounts in Scotland, the auditing of accounts of local authorities in Scotland, and dog registration, dog licences and stray dogs; and for connected purposes.

[24th March 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: Transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F1 Part I] S Competition

Textual Amendments

F1 Pt. I repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C2 Pt. I (ss. 1–16): power to modify conferred by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 97(1)(b)

C3 Pt. I (ss. 1-16): power to modify conferred (prosp.) by Local Government Act 1992 (c. 19), ss. 8(5), 30(3)

C4 Pt. I (ss. 1-16): applied (with modifications) (temp. from 31.3.1995 to 31.12.2000) by S.I. 1995/678, art. 3, Sch. 1

C5 Pt. I (ss. 1-16): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (h)(i); S.I. 1997/1930, art. 3

Preliminary E+W+S

[F2 1 Defined authorities. E+W+S

(1) For the purposes of this Part each of the following is a defined authority—

(a) a local authority,

[F3 (aa) a National Park authority.]

(b) an urban development corporation established by an order under section 135 of the M1 Local Government, Planning and Land Act 1980,

(c) a development corporation established for the purposes of a new town,

(d) the Commission for the New Towns,

[F4 (e) a police authorityestablished under [F5 section 3 of the Police Act 1996],]

[F6 (eza) the Metropolitan Police Authority,]

(f) a fire authority constituted by a combination scheme and a metropolitan county fire and civil defence authority,

(g) the [F7 London Fire and Emergency Planning Authority],

(h) a metropolitan county passenger transport authority, [F8 and]

(i) an authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal),

F9 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the application of this Part to England F12 . . ., “local authority” in subsection (1) above means—

(a) a county council, a district council, a London borough council, a parish council, F12 . . . or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority.

[F13 (2A) In the application of this Part to Wales, “local authority” in subsection (1) above means a county council, a county borough council or a community council.]

(3) In the application of this Part to Scotland, in subsection (1) above—

(a) “local authority” means a [F14 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]or any joint board or joint committee within the meaning of the M2 Local Government (Scotland) Act 1973, F15 . . .

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In a case where two or more defined authorities arrange under section 101 of the M3 Local Government Act 1972 for the discharge by a joint committee of theirs of any of their functions, the committee shall itself be treated as a defined authority for the purposes of this Part in its application to England and Wales.]

Textual Amendments

F2 S. 1 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F3 S. 1(1)(aa) inserted (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 8(2) (with ss. 7(6), 115, 117)

F4 S. 1(1)(e) substituted (1.10.1994 for certain purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 31; S.I. 1994/2025, art. 6(1)(3)-(6); S.I. 1994/3262, art. 4, Sch.

F5 Words in s. 1(1)(e) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(za)

F6 S. 1(1)(eza) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 56 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F7 Words in s. 1(1)(g) substituted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 49 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F8 Word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 156(2)(a)(i); S.I. 1996/323, art. 4(1)(c)

F9 S. 1(1)(j) repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 110, Sch. 21 Pt. II; S.I. 1994/507, art. 4, Sch. 2, Appendix

F10 S. 1(1)(k) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 156(2)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F11 S. 1(1)(l) and word immediately preceding it repealed by Housing (Scotland) Act 1988 (c.43, SIF 61), ss. 1, 3(1)(3), 72(3), Sch. 2 para. 16(b), Sch. 10

F12 Words in s. 1(2) omitted (17.2.1995) by virtue of S.I. 1995/115, art. 3

F13 S. 1(2A) inserted (17.2.1995) by S.I. 1995/115, art. 3

F14 S. 1(3)(a): words in definition of “local authority” substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(2)(b); S.I. 1996/323, art. 4(1)(c)

F15 S. 1(3)(b) and word immediately preceding it repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c), Sch. 2

Modifications etc. (not altering text)

C6 S. 1(2A) modified (17.2.1995 to 1.4.1996) by S.I. 1995/115, art. 4

Marginal Citations

M1 1980 c. 65.

M2 1973 c. 65.

M3 1972 c. 70.

[F16 2 Defined activities. S

(1) This section applies for the purposes of this Part.

(2) Each of the following is a defined activity—

(a) collection of refuse,

(b) cleaning of buildings,

(c) other cleaning,

(d) catering for purposes of schools and welfare,

(e) other catering,

[F17 (ee) managing sports and leisure facilities;]

(f) maintenance of ground, F18 . . .

[F19 (ff) supervision of parking,

F19 (g) repair and maintenance of vehicles,

F19 (gg) management of vehicles,]

[F20 , and

(h) housing management]

[F21 (i) security work,

F21 (j) legal services;]

[F22 (k) construction and property services;]

[F23 (l) financial services;

(m) information technology services;

(n) personnel services.]

and Schedule 1 to this Act applies for the purpose of interpreting the preceding provisions of this subsection.

(3) The Secretary of State may by order provide for an activity to be a defined activity by adding a paragraph to those for the time being appearing in subsection (2) above [F24 or by modifying any provision of Schedule 1 to this Act which for the time being excludes anything from the activities falling within any of those paragraphs.].

(4) Before making an order under subsection (3) above, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.

(5) Where work would (apart from this subsection) fall within more than one defined activity it shall be treated as falling only within such one of them as the authority carrying out the work decide.

(6) Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity.

(7) If a defined authority carry out work which (apart from this subsection) would not fall within a defined activity, and which in their opinion cannot be carried out efficiently separately from a particular defined activity, the work shall (if they so decide) be treated as falling within that defined activity.

(8) Work which would (apart from this subsection) fall within a defined activity shall not do so if it is calculated to avert, alleviate or eradicate the effects or potential effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property.

(9) The Secretary of State may provide by order that any activity specified in the order, if carried out by a defined authority or authorities so specified, shall not be treated as a defined activity so long as conditions so specified are fulfilled.

[F25 (10) Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, F26 . . . the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.]]

Textual Amendments

F16 S. 2 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F17 S. 2(2)(ee) inserted by S.I. 1989/2488, art. 2(1)

F18 Word after s. 2(2)(f) omitted (23.6.1994) by virtue of S.I. 1994/1671, art. 2(1)(a)

F19 S. 2(2)(ff)(g)(gg) substituted (10.11.1994) for s. 2(2)(g) by S.I. 1994/2884, art. 2(1)(a)

F20 S. 2(2)(h) and word immediately preceding it inserted (23.6.1994) by S.I. 1994/1671, art. 2(1)(b)

F21 S. 2(2)(i)(j) inserted (10.11.1994) by S.I. 1994/2884, art. 2(1)(b)

F22 S. 2(2)(k) inserted (11.11.1994) by S.I. 1994/2888, art. 2(1)

F23 S. 2(2)(l)(m)(n) inserted (20.7.1995) by S.I. 1995/1915, art. 2

F24 Words in s. 2(3) inserted (13.6.1994) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 10; S.I. 1994/1445, art. 2

F25 S. 2(10) inserted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(3); S.I. 1994/2850, art. 3(c)

F26 Words in s. 2(10) repealed (6.8.2001) by 2001 asp 9, ss. 1, 2(2)

Modifications etc. (not altering text)

C7 S. 2 modified (10.11.1994) by S.I. 1994/2884, art. 3(1)

C8 S. 2 modified (11.11.1994) by S.I. 1994/2888, art. 3(1)

C9 S. 2 modified (20.7.1995) by S.I. 1995/1915, art. 5(1)

C10 S. 2(2) modified (E.W.) by S.I. 1988/1372, arts. 3–6

C11 S. 2(2) modified (S.) by S.I. 1988/1415, arts. 3–6

C12 S. 2(2) excluded (E.W.) by S.I. 1988/1469, arts. 3, 4, 6

C13 S. 2(2) restricted (6.4.1992) by S.I. 1992/583, art. 3

C14 S. 2(2) excluded (3.3.1997) by S.I. 1997/198, arts. 3, 6, 7, 9

C15 S. 2(2) restricted (27.3.1997) by S.I. 1997/560, art. 3

C16 S. 2(2)(b)(d) restricted by S.I. 1990/403, art. 3

C17 S. 2(2)(b) restricted (1.10.1996) by S.I. 1995/2449, art. 2(1)

C18 S. 2(2)(b) excluded (3.3.1997) by S.I. 1997/198, art. 4

C19 S. 2(2)(c) excluded (15.3.1991) by S.I. 1991/262, art. 3

C20 S. 2(2)(c) excluded (22.2.1991) by S.I. 1991/312, art. 3

C21 S. 2(2)(h) excluded (3.3.1997) by S.I. 1997/198, art. 5

C22 S. 2(2)(j)-(n) excluded (3.3.1997) by S.I. 1997/198, art. 10

C23 S. 2(6) modified (23.6.1994) by S.I. 1994/1671, art. 3

[F27 3 Other definitions. S

(1) This section applies for the purposes of this Part.

(2) “Works contract” means a contract constituting or including an agreement which provides for the carrying out of work by a defined authority.

(3) But a contract is not a works contract if it constitutes or includes an agreement providing for a defined authority to discharge the functions of a Minister of the Crown, another defined authority or (in the application of this Part to England and Wales) a [F28 sewerage undertaker].

(4) “Functional work” means—

(a) work carried out by a defined authority, other than work carried out under a works contract; and

(b) work which is carried out otherwise than by a defined authority but which is dependent upon, or incidental or preparatory to, other work which, by virtue of paragraph (a) above, is functional work in relation to that authority;

and work carried out as mentioned in paragraph (b) above shall be treated as carried out by the defined authority.

(5) “Financial year” means a period of 12 months beginning with 1st April.]

Textual Amendments

F27 S. 3 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F28 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 79(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C24 S. 3(3) modified by S.I. 1988/1373, reg. 3

C25 S. 3(4) applied (with modifications) (10.11.1994) by S.I. 1994/2884, art. 3(2)

S. 3(4) applied (with modifications) (11.11.1994) by S.I. 1994/2888, art. 3(2)

S. 3(4) applied (with modifications) (20.7.1995) by S.I. 1995/1915, art. 5(2)

Works contracts: restrictions E+W+S

[F29 4 Works contracts: restrictions. S

(1) If a defined authority (a bidding authority) propose to enter into a works contract with another person (the other party) and under the contract the bidding authority are to carry out work falling within a defined activity, the bidding authority may not enter into the contract unless—

(a) the first or second alternative of the first condition is fulfilled, and

(b) the second condition is fulfilled.

(2) The first alternative of the first condition is that—

(a) the contract is made by acceptance of the bidding authority’s offer to carry out the work,

(b) the bidding authority made the offer in response to an invitation by the other party to submit such offers, and

(c) the invitation was made to at least three other persons who are willing to carry out work of the kind concerned, and who are not defined authorities or include at least three persons who are not defined authorities.

(3) The Secretary of State may by regulations vary—

(a) the number of persons to whom an invitation must be made under subsection (2) (c) above; and

(b) the minimum number of those persons who are not to be defined authorities.

(4) The second alternative of the first condition is that before entering into the contract the other party published, in at least one newspaper circulating in the locality in which the work is to be carried out and at least one publication circulating among persons who carry out work of the kind concerned, a notice inviting persons to submit offers to carry out the work.

(5) The second condition is that the other party, in entering into the contract and in doing anything else (whether or not required by this Part) in connection with the contract before entering into it, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

(6) Anything which (apart from this subsection) would amount to a failure to fulfil the first or second alternative of the first condition, or the second condition, shall not do so [F30 unless the bidding authority have become aware of the failure before entering into the contract.].

(7) This section applies where it is proposed to enter into the works contract on or after 1st April 1989.]

Textual Amendments

F29 S. 4 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by S.I. 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F30 Words in s. 4(6) substituted (14.2.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 11; S.I. 1992/3241, art. 3

Modifications etc. (not altering text)

C26 S. 4 modified by S.I. 1989/2488, art. 3

C27 S 4 modified (23.6.1994) by S.I. 1994/1671, art. 4

S. 4 modified (10.11.1994) by S.I. 1994/2884, art. 4

S. 4 modified (11.11.1994) by S.I. 1994/2888, art. 4

S. 4 modified (20.7.1995) by 1995/1915, art. 6

C28 S. 4(1) modified (E.W.) by S.I. 1991/719, reg. 6(3)(a)

[F31 5 Works contracts: transitional. S

(1) Where—

(a) a defined authority (as a bidding authority) entered into a works contract before 1st April 1989 (and whether or not before the passing of this Act), and

(b) had they entered into the contract on 1st April 1989 they would have infringed section 4 above,

on that date the parties to the contract shall cease to have power to carry it out.

(2) If the contract is governed by English law and the parties to it do not make other provision before 1st April 1989, the M4 Law Reform (Frustrated Contracts) Act 1943 shall apply to the contract with effect from that date.]

Textual Amendments

F31 S. 5 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C29 S. 5 modified by S.I. 1989/2488, art. 3

C30 S. 5 modified (20.7.1995) by S.I. 1995/1915, art. 6

S. 5 modified (23.6.1994) by S.I. 1994/1671, art. 4

S. 5 modified (10.11.1994) by 1994/2884, art. 4

S. 5 modified (11.11.1994) by 1994/2888, art. 4

Marginal Citations

M4 1943 c. 40.

Functional work: restrictions E+W+S

[F32 6 Functional work: restrictions. S

(1) A defined authority may not carry out functional work falling within a defined activity unless each of the six conditions is fulfilled.

(2) The conditions mentioned in subsection (1) above are those set out in section 7 below, which shall have effect subject to section 8 below.

(3) This section applies only if the work falls within such a defined activity, is of such a description, is proposed to be carried out by such defined authority or authorities, and is proposed to be carried out on or after such date (not preceding 1st April 1989), as the Secretary of State may by regulations specify [F33 and regulations under this section may describe work by reference to a specified proportion of work of a particular description.].

(4) The regulations may provide that where a defined authority propose to carry out functional work which falls within a defined activity specified in the regulations (whether or not by virtue of section 2(5) or (7) above) and to which this section would not otherwise apply, it shall (if the authority so decide) be treated as work to which this section applies.

(5) This section applies even if the work forms part of work begun before any date specified in the regulations, but references in this section and the following provisions of this Part to the work do not include references to any work carried out before such date.]

Textual Amendments

F32 S. 6 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F33 Words in s. 6(3) inserted (6.1.1994) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 12; S.I. 1993/3169, art. 2

Modifications etc. (not altering text)

C31 S. 6 applied (E.W.) by S.I. 1988/1371, reg. 6

S. 6 applied (S.) by S.I. 1990/1484, reg. 3(1)(3)

C32 S. 6 applied by S.I. 1990/1564, reg. 2(1)

S. 6 applied (31.1.1992) by S.I. 1992/9, reg. 2(2)

C33 S. 6 applied (13.3.1991) by S.I. 1991/232, arts 3(1)(2), 4(1)

S. 6 applied (S.) (3.3.1997 with effect as mentioned in regs. 3, 4, 6, 8, Sch. 6 of the amending S.I.) by S.I. 1997/197, regs. 3, 4, 6, 8, Sch. 6

C34 S. 6 excluded (temp) (1.4.1991) by S.I. 1991/719, regs. 4(3)(7)(10)

S. 6 excluded (temp) (E.W) (1.4.1991) by S.I. 1991/719, reg. 5(2)(4)

C35 S. 6 extended (1.4.1991) by S.I. 1991/719, reg. 4(4)(10)

C36 S. 6 extended (E.W) (1.4.1991) by S.I. 1991/719, reg. 5(5)

C37 S. 6 excluded (E.W.) by 1985 c. 68, s. 27AA(3) (as inserted (E.W.) (11.10.1993) by 1993 c. 28, s. 131; S.I. 1993/2134, arts. 2, 4(a)

C38 S. 6 applied (4.10.1994 with effect as mentioned in reg. 3 of the amending S.I.) by S.I. 1994/2297, reg. 3

S. 6 applied (9.1.1995 with effect as mentioned in reg. 3(a)-(d) of the amending S.I.) by S.I. 1994/3164, reg. 3(a)-(d)

S. 6 excluded (9.1.1995 with effect as mentioned in reg. 3(d)(i)-(iii) of the amending S.I.) by S.I. 1994/3164, reg. 3(d)(i)-(iii)

S. 6 applied (9.1.1995 with effect as mentioned in reg. 2(1)(a)-(d) of the amending S.I.) by S.I. 1994/3165, reg. 2(1)(a)-(d)

S. 6 excluded (9.1.1995 with effect as mentioned in reg. 2(1)(d)(i)-(iii) of the amending S.I.) by S.I. 1994/3165, reg. 2(1)(d)(i)-(iii)

S. 6 applied (9.1.1995 with effect as mentioned in reg. 3(a)-(d) of the amending S.I.) by S.I. 1994/3166, reg. 3(a)-(d)

S. 6 excluded (9.1.1995 with effect as mentioned in reg. 3(d)(i)-(iii) of the amending S.I.) by S.I. 1994/3166, reg. 3(d)(i)-(iii)

S. 6 excluded (9.1.1995) by S.I. 1994/3167, reg. 14(3)

S. 6 applied (17.8.1995) by S.I. 1995/1973, reg. 4

S. 6 applied (7.9.1995) by S.I. 1995/2100, reg. 3

S. 6 applied (7.9.1995 with effect as mentioned in reg. 3(1)(a)-(e) of the amending S.I.) by S.I. 1995/2101, reg. 3(1)(a)-(e)

S. 6 excluded (7.9.1995 with effect as mentioned in reg. 3(1)(e)-(i)(ii) of the amending S.I.) by S.I. 1995/2101, reg. 3(1)(e)(i)(ii)

S. 6 applied (29.11.1995 with effect as mentioned in reg. 3(1)(a)-(e) of the amending S.I.) by S.I. 1995/2813, reg. 3(1)(a)-(e)

S. 6 excluded (29.11.1995 with effect as mentioned in reg. 3(1)(e)(i)-(ii) of the amending S.I.) by S.I. 1995/2813, reg. 3(1)(e)(i)-(ii)

S. 6 applied (5.12.1995 with effect as mentioned in reg. 3(1)(a)-(e) of the amending S.I.) by S.I. 1995/2916, reg. 3(1)(a)-(e)

S. 6 excluded (5.12.1995 with effect as mentioned in reg. 3(1)(e)(i)-(ii) of the amending S.I.) by S.I. 1995/2916, reg. 3(1)(e)(i)-(ii)

S. 6 applied (with modifications) (26.1.1996 with effect as mentioned in reg. 2 of the amending S.I.) by S.I. 1995/3302, reg. 2

S. 6 excluded (1.10.1996) by 1985 c. 68, s. 27(5A) (as inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(4); S.I. 1996/2402, art. 3)

S. 6 applied (W.) (21.2.1997 with effect as mentioned in reg. 3 of the amending S.I.) by S.I. 1997/125, reg. 3

S. 6 applied (W.) (21.2.1997 with effect as mentioned in reg. 3 of the amending S.I.) by S.I. 1997/126, reg. 3

S. 6 applied (W.) (21.2.1997 with effect as mentioned in reg. 3 of the amending S.I.) by S.I. 1997/127, reg. 3

S. 6 applied (W.) (21.2.1997 with effect as mentioned in reg. 2 of the amending S.I.) by S.I. 1997/128, reg. 2

S. 6 applied (W.) (21.2.1997 with effect as mentioned in reg. 3 of the amending S.I.) by S.I. 1997/130, reg. 3

S. 6 applied (W.) (18.4.1997 with effect as mentioned in reg. 3(a)-(c) of the amending S.I.) by S.I. 1997/935, reg. 3(1)(2), Sch. Pts. I-III

C39 s. 6(1) applied (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62, Sch. 8, Pt. I, para. 1(3); S.I. 1992/817, art. 3(2), Sch. 1

[F34 7 The conditions. S

(1) The first condition is that, before carrying out the work, the authority published, in at least one newspaper circulating in the locality in which the work is to be carried out and at least one publication circulating among persons who carry out work of the kind concerned, a notice containing the matters mentioned in subsection (2) below.

(2) The matters are—

(a) a brief description of the work,

(b) a statement that during a period specified in the notice any person may inspect a detailed specification of the work free of charge at a place and time specified in the notice,

(c) a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of such charge as is specified in the notice,

(d) a statement that any person who may wish to carry out the work should notify the authority of that fact within a period specified in the notice, and

(e) a statement that the authority intend to make, in accordance with the third condition, an invitation to carry out the work.

(3) The second condition is that—

(a) the periods, place, time and charge specified in the notice are reasonable,

(b) before carrying out the work, the authority made a detailed specification of the work available for inspection, and copies of it available for supply, in accordance with the notice, and

(c) the detailed specification includes a statement of the period during which the work is to be carried out.

(4) The third condition is that, if any person notified the authority in accordance with the statement under subsection (2)(d) above, the authority made an invitation to carry out the work in accordance with the following rules—

(a) the invitation was made by the authority before carrying out the work, and not less than 3 nor more than 6 months after complying with the first condition;

(b) if more than three persons who are not defined authorities notified the authority, at least three of them were invited;

(c) if less than four persons who are not defined authorities notified the authority, each of them was invited;

(d) if a defined authority or defined authorities notified the authority, such one or more (if any) of them as the authority decided was invited.

(5) The Secretary of State may by regulations amend paragraphs (b) and (c) of subsection (4) above so as to vary the number of persons who are not defined authorities who must be invited to carry out work in particular circumstances.

(6) The fourth condition is that before carrying out the work the authority, through their direct labour organisation or a similar organisation, prepared a written bid indicating their wish to carry out the work.

(7) The fifth condition is that the authority, in reaching the decision that they should carry out the work and in doing anything else (whether or not required by this Part) in connection with the work before reaching the decision, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

(8) The sixth condition is that in carrying out the work the authority comply with the detailed specification of it mentioned in subsections (2) and (3) above.]

Textual Amendments

F34 S. 7 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amedning Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C40 S. 7 restricted (W.) (1.4.1996) by S.I. 1996/265, reg. 3

C41 S. 7(2)(b)(d): power to modify conferred (4.1.1993) by Local Government Act 1992 (c. 19), s. 9(3)(c); S.I. 1992/3241, art. 2

C42 S. 7(3) restricted (17.8.1995) by S.I. 1995/1973, reg. 5

C43 S. 7(4) modified (11.11.1994) by S.I. 1994/2888, art. 3(3)

S. 7(4) modified (20.7.1995) by S.I. 1995/1915, art. 5(3)

C44 S. 7(4)(a) modified (10.11.1994) by S.I. 1994/2884, art. 3(3)

C45 S. 7(8) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(a)

[F35 8 The conditions: further provisions. S

(1) If the Secretary of State so provides by regulations, the second condition shall not be treated as fulfilled if the period stated by virtue of section 7(3)(c) above—

(a) exceeds a period specified in the regulations;

(b) is less than another period so specified.

(2) If the Secretary of State so provides by regulations, the third condition shall not be treated as fulfilled unless—

(a) the contents of any invitation included prescribed matters (which may relate to the time allowed for responding, the method of responding, or otherwise), and

(b) if any response was made to any invitation, before carrying out the work the authority complied with prescribed requirements as to responses (which may include requirements to disregard certain responses, requirements about the keeping or opening of responses, or otherwise);

and “prescribed” here means prescribed by the regulations.

(3) The fourth condition shall not be treated as fulfilled unless the bid is prepared in accordance with the following rules—

(a) if the authority would, assuming it were an independent contractor, charge for carrying out the work, the bid must provide for an item to be credited to any account kept (or to be kept) by the authority as regards the work under section 9 below,

(b) if the authority would, assuming it were an independent contractor, pay for the right to carry out the work, the bid must provide for an item to be debited to any such account,

(c) in the case of an item to be credited, the bid must state either what the authority intend as its maximum amount or the method by which they intend to calculate its maximum amount,

(d) in the case of an item to be debited, the bid must state either what they intend as its minimum amount or the method by which they intend to calculate its minimum amount, and

(e) a statement mentioned in paragraph (c) or (d) above may include provision for any intended amount or method to vary with changes in circumstances.

(4) If the Secretary of State so provides by regulations, the fourth condition shall not be treated as fulfilled unless before carrying out the work the authority complied with requirements prescribed by the regulations as to the bid (which may include requirements about the preparation, keeping or opening of the bid, or otherwise).

(5) If the Secretary of State so provides by regulations, the fifth condition shall not be treated as fulfilled unless—

(a) in accordance with prescribed requirements there is prepared and certified a document which appraises and fulfils such other conditions as may be prescribed with respect to responses falling within subsection (2) above and the bid referred to in subsection (3) above; and

(b) at such time or times (prior to reaching the decision referred to in section 7(7) above) as may be prescribed, copies of that document are provided or made available in accordance with any prescribed requirements;

and “prescribed” here means prescribed by the regulations.

(6) Where any document is provided or made available in accordance with the requirements of regulations under subsection (5) above, the publication thereby of any defamatory matter in the document shall be privileged unless the publication is proved to be made with malice.]

Subordinate Legislation Made

P1 S. 8: for exercises of this power see Index to Government Orders.

P2 S. 6(3) (with ss. 8(1) and 15(6)) power exercised by S.I. 1991/232.

Textual Amendments

F35 S. 8 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Accounts, reports and information E+W+S

[F36 9 Accounts to be kept. S

(1) This section applies where a defined authority carry out, in the financial year beginning in 1989 or in a subsequent financial year, work which falls within a defined activity and fulfils the condition that—

(a) it is carried out under a works contract to which section 4 above applies, or

(b) section 6 above applies to it.

(2) For each financial year in which the work is carried out, the authority shall keep an account as regards all work which falls within that activity, is carried out by them in that year and fulfils that condition.

(3) Where any work falling within the activity is carried out under a works contract, the authority shall credit to the account kept under this section as regards the activity for the financial year in which the work is carried out such an amount as is specified in the contract, or ascertained under it, as the price for carrying out the work in that year.

(4) Where any work falling within the activity is functional work, the authority shall enter, in the account kept under this section as regards the activity for the financial year in which the work is carried out, such item as is necessary to carry out any intention expressed by the authority in relation to the work in any bid prepared under section 7(6) above.

(5) The Secretary of State may specify—

(a) items which are to be entered in accounts kept under this section (in addition to items to be entered by virtue of subsections (3) and (4) above), and

(b) the method of determining the amount of any item to be entered by virtue of the specification.

(6) No item may be credited to an account kept under this section except an item required to be credited by subsection (3) or (4) above or by virtue of a specification under subsection (5) above.

(7) Where an authority is required under this section to keep an account of work falling within a defined activity, nothing in section 2(2) of the M5 Local Authorities (Goods and Services) Act 1970 shall be taken to require the authority to keep a separate account in respect of any agreement for the carrying out of that work.]

Textual Amendments

F36 S. 9 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C46 S. 9 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 9 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

C47 S. 9(4) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(b)

Marginal Citations

M5 1970 c. 39.

[F37 10 Financial objectives to be met. S

(1) This section applies where a defined authority carry out, in the financial year beginning in 1989 or in a subsequent financial year, work which falls within a defined activity and fulfils the condition that—

(a) it is carried out under a works contract to which section 4 above applies, or

(b) section 6 above applies to it.

(2) The authority shall secure that such financial objective as the Secretary of State may specify for the year concerned is met by—

(a) the revenue for all work which falls within that activity, is carried out by them in that year and fulfils that condition, or

(b) that revenue, adjusted by making such additions or subtractions (or both) as may be required by the specification.

(3) The reference in subsection (2) above to the revenue for the work concerned is to the aggregate of the items credited to the account kept under section 9 above as regards the work.

(4) A specification under this section may define the financial objective concerned by reference to such factors as the Secretary of State thinks fit.]

Textual Amendments

F37 S. 10 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C48 S. 10 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 10 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

[F38 11 Report for financial year. S

(1) This section applies where a defined authority carry out, in the financial year beginning in 1989 or in a subsequent financial year, work which falls within a defined activity and fulfils the condition that—

(a) it is carried out under a works contract to which section 4 above applies, or

(b) section 6 above applies to it.

(2) The authority shall prepare a report for the financial year concerned, containing as regards all work which falls within that activity, is carried out by them in that year and fulfils that condition—

(a) a summary of the account kept for that year under section 9 above as regards the work,

(b) a statement showing whether the requirement under section 10 above has been fulfilled for that year as regards the work,

(c) a statement identifying such of the work (if any) as falls only within the activity by virtue of a decision under section 2(5) above,

(d) a statement identifying such of the work (if any) as falls within the activity by virtue of a decision under section 2(7) above, and

(e) a statement identifying such of the work (if any) as is work to which section 6 above applies by virtue of a decision under section 6(4) above.

(3) The summary referred to in subsection (2)(a) above shall present fairly the financial result, during the financial year concerned, of the work having been carried out and shall be expressed in such form as the Secretary of State may specify.

(4) A report under this section shall also contain, as regards the work, such other information (and expressed in such form) as the Secretary of State may specify.

(5) A report under this section shall also contain such information (and expressed in such form) as the Secretary of State may specify as regards work which falls within the defined activity, was carried out by the authority in the financial year preceding the financial year concerned, and fulfils the condition that—

(a) it was carried out under a works contract to which section 4 above applies, or

(b) section 6 above applies to it.

(6) The report may contain such other information as the authority think fit.

(7) The report must be prepared not later than 30th September in the financial year following that for which it is prepared, and the authority concerned shall send a copy to the Secretary of State and to their auditor not later than 31st October in the financial year following that for which it is prepared.

(8) Where an authority’s auditor has been sent a copy of a report in accordance with subsection (7) above, he shall consider the statement contained in the report by virtue of subsection (2)(b) above, and shall give his written opinion on the statement to the authority and to the Secretary of State.

(9) For the purposes of subsections (7) and (8) above an authority’s auditor is the person who under any enactment is appointed, for the financial year for which the report is prepared, to audit the authority’s accounts.]

Textual Amendments

F38 S. 11 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C49 S. 11 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 11 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1994/2109, art. 2

C50 S. 11(7) excluded (9.1.1995) by S.I. 1994/3167, reg. 16(2)

[F39 12 Information. S

(1) If a defined authority, having decided to carry out functional work to which section 6 above applies, are requested by a person to supply the person with a statement falling within subsection (2) below, they shall supply such a statement to the person.

(2) A statement falling within this subsection is a written statement showing—

(a) the authority’s decision to carry out the work,

(b) the financial provisions shown in each offer (if any) to carry out the work made in response to an invitation made under section 7(4) above, and

(c) the financial provisions of the bid prepared under section 7(6) above in relation to the work.

(3) Subsections (4) to (6) below apply to any report required to be prepared under section 11 above.

(4) Any person may, at a place and time stated by an authority who have prepared a report, inspect the report free of charge.

(5) An authority who have prepared a report shall supply a copy (on request) to any person who pays such charge as the authority may reasonably require.

(6) A defined authority shall publish in at least one appropriate newspaper notice of—

(a) the place and time at which any report prepared by the authority may be inspected in accordance with subsection (4) above,

(b) the fact that copies of the report are available for supply in accordance with subsection (5) above, and

(c) the charge for each copy.

(7) For the purposes of subsection (6) above an appropriate newspaper is—

(a) in the case of the Commission for the New Towns, a national newspaper, and

(b) in the case of any other defined authority, a newspaper circulating in their area.]

Textual Amendments

F39 S. 12 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C51 S. 12 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 12 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1994/2109, art. 2

Sanctions E+W+S

[F40 13 Notice for purpose of getting information. S

(1) If it appears to the Secretary of State that in the financial year beginning in 1989 or in a subsequent financial year a defined authority—

(a) have (as a bidding authority) entered into a contract to carry out work and have done so in contravention of section 4 above,

[F41 (b) have carried out work as regards which the conditions set out in section 7 above have to be but, in the circumstances, have not been fulfilled,

(ba) have decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled,]

(c) have carried out work in circumstances where section 9 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to an account required by that section to be kept for the year concerned as regards the activity,

(d) have carried out work in circumstances where section 10 above has not been complied with for the year concerned in relation to the defined activity within which the work falls, or

(e) have carried out work in circumstances where section 11 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to a report required by that section to be prepared for the year concerned as regards the activity,

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

(2) The notice is one which—

(a) informs the authority that it appears to him that in a financial year identified in the notice they have acted as mentioned in one of the paragraphs (so identified) 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 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 not give a direction under section 14 below.

(4) Where work is specified under section 6(3) above as a proportion of particular work, the reference in subsection (2)(b) above to work is to the work of which the proportion forms a part.

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

Textual Amendments

F40 S. 13 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F41 S. 13(1)(b)(ba) substituted for s. 13(1)(b) (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 13; S.I. 1992/3241, art. 2

Modifications etc. (not altering text)

C52 S. 13 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 13 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

C53 S. 13(1)(b) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(c)

C54 S. 13(4)(5) applied (9.1.1995) by S.I. 1994/3167, reg. 17(3)

[F42 14 Power to give directions. S

(1) Subsection (2) below applies where—

(a) the Secretary of State has served a notice on an authority under section 13 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 have acted as mentioned in the paragraph concerned of section 13(1) above.

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

(a) shall cease to have power to carry out any work falling within the appropriate activity,

(b) shall cease to have power to carry out such work falling within that activity as is identified in the direction,

(c) shall only have power to carry out work falling within that activity if such conditions as are specified in the direction are fulfilled, or

(d) shall, as regards such work falling within that activity as is identified in the direction, only have power to carry it out if such conditions as are specified in the direction are fulfilled.

(3) Where the Secretary of State has given a direction under subsection (2) above or this subsection (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 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.

(4) If the Secretary of State directs under this section that an authority 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.

[F43 (4A) 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.

(4B) Where a direction under this section imposes any condition in relation to the carrying out of any work, that direction may provide that the requirement that the condition is fulfilled is to have effect, in relation to that work, instead of any requirement which (apart from the direction) would have effect in relation to that work by virtue of this Part.

(4C) Without prejudice to subsection (3) above, the power to give a direction under this section shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority to which the direction relates.]

(5) In this section “the appropriate activity” means the defined activity within which the work identified in the notice concerned falls.]

Textual Amendments

F42 S. 14 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F43 S. 14(4A)(4B)(4C) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 14; S.I. 1992/3241, art. 2

Modifications etc. (not altering text)

C55 S. 14 applied (9.1.1995) by S.I. 1994/3167, regs. 13, 18

S. 14 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

C56 S. 14(1)(c) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(c)

Miscellaneous E+W+S

[F44 15 Orders, regulations, specifications and directions. S

(1) The power to make an order under section 2(3) above shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(2) The power to make an order under section 2(9) [F45 or 2(10)]above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The power to make regulations under any of sections 4 to 8 above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to specify under section 9, 10 or 11 above, and the power to give a direction under section 14 above, shall be exercised in writing.

(5) An order under section 2(9) [F45 or 2(10)]above, and a specification under section 9, 10 or 11 above, may make different provision for different cases or descriptions of case (whether for different areas, different defined authorities or kinds of authority, different defined activities, or otherwise).

(6) Regulations under any of sections 4 to 8 above may make different provision for different cases or descriptions of case (whether for different areas, different defined authorities or kinds of authority, different defined activities, different kinds of work falling within the same activity, or otherwise).

(7) Any order, regulations, specification or direction mentioned in this section may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(8) In particular—

(a) an order under section 2(3) above may include provision amending or adapting any provision of this Act for the purpose of interpreting any paragraph added by the order or for purposes of commencement or otherwise, and

(b) a direction under section 14 above may include provision with respect to work in progress or outstanding contractual commitments.]

Subordinate Legislation Made

P3 S. 15: for exercises of this power see Index to Government orders.

P4 S. 15(5); S. 2(9)(with s. 15(5)) power exercised by S.I. 1991/262 and 1991/312

S. 15(5): s. 2(9) (with s. 15(5)) power exercised by S.I. 1991/2438

S. 15(5): s. 2(9) (with s. 15(5)) power exercised by S.I. 1991/2783.

P5 S. 15(6)(7): s. 6(3) (with s. 15(6)(7)) power exercised by S.I. 1991/2006

S. 15(6)(7): s. 6(3) (with s. 15(6)(7) power exercised (S.) by S.I. 1991/2548

S. 15(6)(7): s. 6(3) (with s. 15(6)(7)) power exercised by S.I. 1991/2711

S. 15(6)(7): s. 6(3) (with s. 15(6)(7)) power exercised by S.I. 1991/2782

P6 S. 15. 15(6); S. 6(3) (with ss. 8(1) and 15(6)) power exercised by S.I. 1991/232.

Textual Amendments

F44 S. 15 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F45 Words in s. 15(2)(5) inserted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(4); S.I. 1994/2850, art. 3

Modifications etc. (not altering text)

C57 S. 15 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

[F46 16 Supplementary. S

(1) No provision of this Part relating to accounts shall prejudice any provision of [F47 the Audit Commission Act 1998], or Part VII of the M6 Local Government (Scotland) Act 1973, relating to the accounts.

(2) Nothing in sections 13 and 14 above shall prejudice any remedy available to a person (apart from those sections) in respect of a failure to observe a provision of this Part.

(3) In Schedule 1 to the M7 Local Government Finance Act 1987 (list of accounts) the following shall be inserted after paragraph 13—

“14 Any account kept under section 9 of the Local Government Act 1988.”]

Textual Amendments

F46 S. 16 repealed (E.W.) (27.7.1999 in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F47 Words in s. 16(1) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 15

Modifications etc. (not altering text)

C58 S. 16 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

Marginal Citations

M6 1973 c. 65.

M7 1987 c. 6.

Part II E+W+S Public Supply or Works Contracts

Modifications etc. (not altering text)

C59 Pt. II (ss. 17-23) applied (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 10

Pt. II (ss. 17-23): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44, Sch. 4 para. (h)(ii); S.I. 1997/1930, art. 3

17 Local and other public authority contracts: exclusion of non-commercial considerations. E+W+S

(1) It is the duty of every public authority to which this section applies, in exercising, in relation to its public supply or works contracts, any proposed or any subsisting such contract, as the case may be, any function regulated by this section to exercise that function without reference to matters which are non-commercial matters for the purposes of this section.

(2) The public authorities to which this section applies are those specified in Schedule 2 to this Act.

(3) The contracts which are public supply or works contracts for the purposes of this section are contracts for the supply of goods or materials, for the supply of services or for the execution of works; but this section does not apply in relation to contracts entered into before the commencement of this section.

(4) The functions regulated by this section are—

(a) the inclusion of persons in or the exclusion of persons from—

(i) any list of persons approved for the purposes of public supply or works contracts with the authority, or

(ii) any list of persons from whom tenders for such contracts may be invited;

(b) in relation to a proposed public supply or works contract with the authority—

(i) the inclusion of persons in or the exclusion of persons from the group of persons from whom tenders are invited,

(ii) the accepting or not accepting the submission of tenders for the contract,

(iii) the selecting the person with whom to enter into the contract, or

(iv) the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract; and

(c) in relation to a subsisting public supply or works contract with the authority—

(i) the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract, or

(ii) the termination of the contract.

(5) The following matters are non-commercial matters as regards the public supply or works contracts of a public authority, any proposed or any subsisting such contract, as the case may be, that is to say—

(a) the terms and conditions of employment by contractors of their workers or the composition of, the arrangements for the promotion, transfer or training of or the other opportunities afforded to, their workforces;

(b) whether the terms on which contractors contract with their sub-contractors constitute, in the case of contracts with individuals, contracts for the provision by them as self-employed persons of their services only;

(c) any involvement of the business activities or interests of contractors with irrelevant fields of Government policy;

(d) the conduct of contractors or workers in industrial disputes between them or any involvement of the business activities of contractors in industrial disputes between other persons;

(e) the country or territory of origin of supplies to, or the location in any country or territory of the business activities or interests of, contractors;

(f) any political, industrial or sectarian affiliations or interests of contractors or their directors, partners or employees;

(g) financial support or lack of financial support by contractors for any institution to or from which the authority gives or withholds support;

(h) use or non-use by contractors of technical or professional services provided by the authority under the M8 Building Act 1984 or the M9 Building (Scotland) Act 1959.

(6) The matters specified in subsection (5) above include matters which have occurred in the past as well as matters which subsist when the function in question falls to be exercised.

(7) Where any matter referable to a contractor would, as a matter specified in subsection (5) above, be a non-commercial matter in relation to him, the corresponding matter referable to—

(a) a supplier or customer of the contractor;

(b) a sub-contractor of the contractor or his supplier or customer;

(c) an associated body of the contractor or his supplier or customer; or

(d) a sub-contractor of an associated body of the contractor or his supplier or customer;

is also, in relation to the contractor, a non-commercial matter for the purposes of this section.

(8) In this section—

• “approved list” means such a list as is mentioned in subsection (4)(a) above;

• “associated body”, in relation to a contractor, means any company which (within the meaning of the M10 Companies Act 1985) is the contractor’s holding company or subsidiary or is a subsidiary of the contractor’s holding company;

• “business” includes any trade or profession;

• “business activities” and “business interests”, in relation to a contractor or other person, mean respectively any activities comprised in, or any investments employed in or attributable to, the carrying on of his business and “activity” includes receiving the benefit of the performance of any contract;

• “contractor”, except in relation to a subsisting contract, means a “potential contractor”, that is to say—

(a) in relation to functions as respects an approved list, any person who is or seeks to be included in the list; and

(b) in relation to functions as respects a proposed public supply or works contract, any person who is or seeks to be included in the group of persons from whom tenders are invited or who seeks to submit a tender for or enter into the proposed contract, as the case may be;

• “exclusion” includes removal;

• “Government policy” falls within “irrelevant fields” for the purposes of this section if it concerns matters of defence or foreign or Commonwealth policy and “involve”, as regards business activities and any such field of policy, includes the supply of goods or materials or services to, or the execution of works for, any authority or person having functions or carrying on business in that field and, as regards business interests and any such field of policy, includes investment in any authority or person whose business activities are so involved;

• “industrial dispute” has, as regards a dispute in Great Britain, the same meaning as trade dispute in [F48 Part V of the Trade Union and Labour Relations (Consolidation) Act 1992] and “involve”, as regards business activities and an industrial dispute, includes the supply of goods, materials or services to or by, or the execution of works for or by, any party to the dispute, any other person affected by the dispute, or any authority concerned with the enforcement of law and order in relation to the dispute;

• “political, industrial or sectarian affiliations or interests” means actual or potential membership of, or actual or potential support for, respectively, any political party, any employers’ association or trade union or any society, fraternity or other association;

• “suppliers or customers” and “sub-contractors” includes prospective suppliers or customers and sub-contractors; and “supplier”, in relation to a contractor, includes any person who, in the course of business, supplies him with services or facilities of any description for the purposes of his business;

and “employers’ association” and “trade union” have, as regards bodies constituted under the law of England and Wales or Scotland, the same meaning as in the [F49 Trade Union and Labour Relations (Consolidation) Act 1992].

(9) This section is subject to section 18 below.

Textual Amendments

F48 S. 17(8): words in definition of "industrial dispute" substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 38(a)

F49 Words in s. 17(8) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 38(b)

Modifications etc. (not altering text)

C60 S. 17 power to modify conferred (27.9.1999 in relation to E. and in relation to W. for specified purposes only and otherwise 1.10.1999) by 1999 c. 27, s. 19(1); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

C61 S. 17 extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 12

C62 S. 17 modified (W.) (31.3.2002 with application as mentioned in art. 1(2)) by The Local Government Best Value (Exclusion of Non-commercial Considerations) (Wales) Order 2002 (S.I. 2002/678), art. 2

Marginal Citations

M8 1984 c. 55.

M9 1959 c. 24.

M10 1985 c. 6.

18 Race relations matters. E+W+S

(1) Except to the extent permitted by subsection (2) below, section [F50 71(1) of the M11 Race Relations Act 1976 and any duty imposed by an order under section 71(2) of that Act (duties relating to the] need to eliminate unlawful racial discrimination and promote equality of opportunity, and good relations, between persons of different racial groups) shall not require or authorise a [F51 public authority to which section 17 above applies] to exercise any function regulated by section 17 above by reference to a non-commercial matter.

(2) Subject to subsection (3) below, nothing in section 17 above shall preclude a [F52 public authority to which that section applies] from—

(a) asking approved questions seeking information or undertakings relating to workforce matters and considering the responses to them, or

(b) including in a draft contract or draft tender for a contract terms or provisions relating to workforce matters and considering the responses to them,

if, as the case may be, consideration of the information, the giving of the undertaking or the inclusion of the term is reasonably necessary to secure compliance with the said section [F53 71(1) or any duty imposed by an order under the said section 71(2)].

(3) Subsection (2) above does not apply to the function of terminating a subsisting contract and, in relation to functions as respects approved lists or proposed contracts, does not authorise questions in other than written form.

(4) Where it is permissible under subsection (2) above to ask a question it is also permissible to make, if it is in writing, an approved request for evidence in support of an answer to the question.

(5) The Secretary of State may specify—

(a) questions which are to be approved questions for the purposes of this section; and

(b) descriptions of evidence which, in relation to approved questions, are to be approved descriptions of evidence for those purposes;

and the powers conferred by this subsection shall be exercised in writing.

(6) Any specification under subsection (5) above may include such consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(7) In this section—

• “approved question” means a question for the time being specified by the Secretary of State under subsection (5) above;

• “approved request for evidence” means a request for evidence of a description for the time being specified by the Secretary of State under that subsection in relation to an approved question;

• “workforce matters” means matters falling within paragraph (a), but no other paragraph, of subsection (5) of section 17 above;

and any expression used in this section and section 17 above has the same meaning in this section as in that section.

F54 (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Words in s. 18(1) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 20(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F51 Words in s. 18(1) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 20(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F52 Words in s. 18(2) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 21(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F53 Words in s. 18(2) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 21(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F54 S. 18(7A) repealed (2.4.2001) by 2000 c. 34, s. 9(1)(2), Sch. 2 para. 22, Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Marginal Citations

M11 1976 c. 74.

19 Provisions supplementary to or consequential on section 17. E+W+S

(1) The Secretary of State may, by order made by statutory instrument, specify as a non-commercial matter for the purposes of section 17 above, any other matter which appears to him to be irrelevant to the commercial purposes of public supply or works contracts of any description.

(2) The power conferred by subsection (1) above includes power to apply section 17(6) and (7) above to any matter specified in the order and to amend any definition in section 17(8) above of an expression used in any paragraph of section 17(5) above without making any other provision.

(3) An order under subsection (1) above may include such consequential and transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) No order under subsection (1) above shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(5) Section 17 above applies to a public authority where, in exercising functions regulated by that section, the authority is, as well as where it is not, acting on behalf of a Minister of the Crown.

(6) Where a public authority makes arrangements under section 101 of the M12 Local Government Act 1972 [F55 , regulations under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority)] or in relation to Scotland section 56 of the M13 Local Government (Scotland) Act 1973 for the exercise by another public authority of any function regulated by section 17 above, section 17 shall apply to that other public authority in exercising that function as if it were exercising the function in relation to its own public supply or works contracts, any proposed or any subsisting such contract, as the case may be.

(7) The duty imposed by section 17(1) above does not create a criminal offence but—

(a) in proceedings for judicial review, the persons who have a sufficient interest or, in Scotland, title and interest in the matter shall include any potential contractor or, in the case of a contract which has been made, former potential contractor (or, in any case, any body representing contractors), as such; and

(b) a failure to comply with it is actionable by any person who, in consequence, suffers loss or damage.

(8) In any action under section 17(1) above by a person who has submitted a tender for a proposed public supply or works contract arising out of the exercise of functions in relation to the proposed contract the damages shall be limited to damages in respect of expenditure reasonably incurred by him for the purpose of submitting the tender.

(9) Nothing in section 17 above or subsection (1) above implies that the exercise of any function regulated by that section may not be impugned, in proceedings for judicial review, on the ground that it was exercised by reference to other matters than those which are non-commercial matters for the purposes of that section.

(10) If a public authority, in relation to public supply or works contracts or any proposed such contract, as the case may be—

(a) asks a question of any potential contractor relating to any non-commercial matter other than a question consideration of the answer to which is permitted by section 18 above, or

(b) submits to any potential contractor a draft contract or draft tender for a contract which includes terms or provisions relating to any non-commercial matter other than a term or provision the inclusion of which in the contract is permitted by section 18 above,

the authority shall be treated, for the purposes of section 17 above, as exercising functions regulated by that section by reference to non-commercial matters.

(11) In consequence of section 17 above, the following provisions (which require local authorities to secure the insertion of fair wages clauses in all housing contracts), namely—

(a) section 52(a) of the M14 Housing Act 1985, and

(b) section 337 of the M15 Housing (Scotland) Act 1987,

shall cease to have effect.

(12) Expressions used in this section and section 17 above have the same meaning in this section as in that section.

Textual Amendments

F55 Words in s. 19(6) inserted (11.7.2001 for E., 1.4.2002 for W.) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 (S.I. 2001/2237), art. 18(1) and The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 17(1)

Marginal Citations

M12 1972 c. 70.

M13 1973 c. 65.

M14 1985 c. 68.

M15 1987 c. 26.

20 Duty of public authorities to give reasons for certain decisions within section 17. E+W+S

(1) Where a public authority exercises a function regulated by section 17 above by making, in relation to any person, a decision to which this section applies, it shall be the duty of the authority forthwith to notify that person of the decision and, if that person so requests in writing within the period of 15 days beginning with the date of the notice, to furnish him with a written statement of the reasons for the decision.

(2) This section applies to the following decisions in relation to any person, namely—

(a) in relation to an approved list, a decision to exclude him from the list,

(b) in relation to a proposed public supply or works contract—

(i) where he has asked to be invited to tender for the contract, a decision not to invite him to tender,

(ii) a decision not to accept the submission by him of a tender for the contract,

(iii) where he has submitted a tender for the contract, a decision not to enter into the contract with him, or

(iv) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(c) in relation to a subsisting public supply or works contract with him—

(i) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(ii) a decision to terminate the contract.

(3) A statement of reasons under subsection (1) above shall be sent to the person requesting it within the period of 15 days beginning with the date of the request.

(4) The Secretary of State may by order amend subsection (1) or (3) above so as to substitute for the period specified in that subsection such other period as he thinks fit and such an order may make different amendments of subsections (1) and (3).

(5) The power to make an order under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Expressions used in this section and section 17 above have the same meaning in this section as in that section.

21 Transitional duty of public authorities as regards existing lists. E+W+S

(1) Subject to subsection (3) below, it is the duty of a public authority which, at the commencement of this section, maintains an approved list—

(a) to consider whether persons have been included in or excluded from the list by reference to non-commercial matters, and

(b) if it appears to the authority that that is the case to compile the list afresh in accordance with subsections (4) to (6) below.

(2) Persons shall be treated by a public authority as having been excluded from a list by reference to non-commercial matters if, in relation to the list, the authority has—

(a) circulated to potential contractors questionnaires including questions relating to non-commercial matters, or

(b) notified potential contractors of its intention to have regard to non-commercial matters, or

(c) issued statements of policy framed by reference to non-commercial matters.

(3) Inclusion or exclusion by a local authority from its list by reference to a non-commercial matter does not give rise to the duty to compile the list afresh under subsection (1) above if that matter falls within paragraph (a) (but no other paragraph) of section 17(5) above and the local authority’s action was reasonably necessary to secure compliance with section 71 of the M16 Race Relations Act 1976.

(4) The duty of an authority to compile afresh an approved list shall be discharged as follows—

(a) the authority shall publish notice of its intention to compile the list afresh and (by the notice) invite persons to apply within a specified period to be included in the list; and

(b) at the end of that period the authority shall proceed to compile the list afresh from among the applicants in accordance with the duty imposed by section 17 above.

(5) Publication by an authority of the notice required by subsection (4) above shall be effected by causing the notice to be published—

(a) in at least one newspaper circulating in the authority’s area or, if the extent of the authority’s functions so require, in at least one national newspaper; and

(b) in at least one newspaper or journal circulating among such persons as undertake contracts of the description to which the list relates.

(6) The period specified in the notice under subsection (4) above as the period within which applications are to be made shall not be shorter than the period of 28 days beginning with the date of publication of the notice.

(7) The duty imposed by this section shall be discharged by a public authority as soon as is reasonably practicable after the commencement of this section and in any event within the period of three months.

(8) This section does not create a criminal offence but paragraph (a) of section 19(7) above applies for the purposes of the duty imposed by this section as it applies for the purposes of the duty imposed by section 17(1) above.

(9) Expressions used in this section and section 17 above have the same meaning in this section as in that section.

Marginal Citations

M16 1976 c. 74.

22 Exclusion of charges for inclusion in approved list. E+W+S

(1) A public authority which maintains an approved list shall not require a person to pay any sum as a condition of his inclusion or continued inclusion in the list or of his being considered for such inclusion.

(2) Subsection (1) above does not create an offence but a contravention of it is actionable by the person seeking to be included or retained in the list.

(3) Expressions used in this section and section 17 above have the same meaning in this section as in that section.

23 Commencement. E+W+S

Sections 17 to 22 above shall come into force at the end of the period of 14 days beginning with the day on which this Act is passed.

Part III E+W+S Privately Let Housing Accommodation

24 Power to provide financial assistance for privately let housing accommodation. E+W+S

(1) Subject to section 25 below, a local housing authority shall have power to provide any person with financial assistance for the purposes of, or in connection with, the acquisition, construction, conversion, rehabilitation, improvement, maintenance or management (whether by that person or by another) of any property which is or is intended to be privately let as housing accommodation.

(2) For the purposes of this section and section 25 below a local authority provide a person with financial assistance if they do or agree to do any of the following, that is to say—

(a) make a grant or loan to that person;

(b) guarantee or join in guaranteeing the performance of any obligation owed to or by that person;

(c) indemnify or join in indemnifying that person in respect of any liabilities, loss or damage; or

(d) if that person is a body corporate, acquire share or loan capital in that person.

(3) For the purposes of this section property is privately let as housing accommodation at any time when—

(a) it is occupied as housing accommodation in pursuance of a lease or licence of any description or under a statutory tenancy; and

(b) the immediate landlord of the occupier of the property is a person other than a local authority in England and Wales or a public-sector landlord in Scotland.

(4) Neither section 438 of the M17 Housing Act 1985 (local authority mortgage interest rates) nor section 219 of the M18 Housing (Scotland) Act 1987 (local authority home-loan interest rates) shall apply in relation to anything done under this section.

(5) In the M19 Housing Associations Act 1985—

F56 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

F56 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this Part—

• “disposal”, in relation to any land, includes a disposal by the creation of any interest in the land;

• “housing accommodation”, in relation to England and Wales, has the same meaning as in Part II of the M20 Housing Act 1985;

• “landlord”, in relation to a person whose occupation of any property is in pursuance of a lease or statutory tenancy, has the same meaning as in the M21 Landlord and Tenant Act 1985 or, in Scotland, the M22 Rent (Scotland) Act 1984 and, in relation to a person whose occupation is in pursuance of a licence, means the person who for the time being owns the interest in right of which the licence was granted;

• “lease”, in relation to England and Wales, has the same meaning as in the Housing Act 1985;

• “loan” includes any form of credit and the remission (whether in whole or in part and whether temporarily or permanently) of any liability or obligation;

• “local authority”—

(a) in relation to England and Wales, means a local housing authority or a county council;

(b) in relation to Scotland, means a [F58 council constituted under section 2 of the Local Goverment etc. (Scotland) Act 1994];

• “local housing authority”—

(a) in relation to England and Wales, has the same meaning as in the Housing Act 1985;

(b) in relation to Scotland, means [F59 a local authority];

• “public-sector landlord”, in relation to Scotland, means—

(a) a local authority;

(b) a joint board or joint committee within the meaning of the M23 Local Government (Scotland) Act 1973;

(c) any trust under the control of any body mentioned in paragraph (a) or (b) above;

(d) a development corporation established by an order made, or having effect as if made, under section 2 of the M24 New Towns (Scotland) Act 1968;

(e) the Scottish Special Housing Association;

• “statutory tenancy”—

(a) in relation to England and Wales, has the same meaning as in the M25 Housing Act 1985;

(b) in relation to Scotland, has the same meaning as in the M26 Rent (Scotland) Act 1984.

Textual Amendments

F56 S. 24(5)(a)(c) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3

F57 S. 24(5)(b) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F58 S. 24(6): words in definition of “local authority” substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(5)(a); S.I. 1996/323, art. 4(1)(b)(c)

F59 S. 24(6): words in definition of “local housing authority” substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(5)(b); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M17 1985 c. 68.

M18 1987 c. 26.

M19 1985 c. 69.

M20 1985 c. 68.

M21 1985 c. 70.

M22 1984 c. 58.

M23 1973 c. 65.

M24 1968 c. 16.

M25 1985 c. 68.

M26 1984 c. 58.

25 Consent required for provision of financial assistance etc. E+W+S

(1) Subject to the following provisions of this section, a local authority shall neither—

(a) exercise the power conferred by section 24 above; nor

(b) so exercise any other power [F60 (whether conferred before or after the passing of this Act)] as to provide any person, for the purposes of or in connection with the matters mentioned in subsection (1) of that section, with any financial assistance or with any gratuitous benefit,

except under and in accordance with a consent given by the Secretary of State.

(2) Nothing in this section shall require the consent of the Secretary of State to a person’s being provided by any local authority with any assistance or benefit if—

(a) an obligation to provide that person with that particular assistance or benefit—

(i) is imposed on the authority by or under any enactment; or

(ii) not being an obligation arising as the result of the exercise on or after 6th February 1987 of any option conferred on the authority, has arisen by virtue of an agreement entered into by them before that date;

[F61 (b) the assistance or benefit is provided in consequence of, or in connection with, the making by the authority, or by persons who include the authority, of a requirement under [F62 section 41 or 98 of the Water Industry Act 1991] for the provision of a water main or public sewer;]

(c) the assistance or benefit is provided under section 28A(9)(b) of the M27 National Health M28 Service Act 1977 or section 16A(3)(b) of the National Health Service (Scotland) Act 1978 (power to make payments to voluntary organisations out of sums received from health authorities);

(d) the assistance or benefit is provided in exercise of any power the expenses of exercising which are recoverable under Schedule 10 to the M29 Housing Act 1985 or Schedule 9 to the M30 Housing (Scotland) Act 1987 (recovery of expenses of carrying out works required to be carried out by a repair notice, . . . F63 or a notice relating to a house in multiple occupation);

(e) the assistance or benefit is provided in consequence of, or in connection with, the service . . . F64 of an improvement order under Part IV of the said Act of 1987, . . . F64 ; or

(f) the assistance or benefit is provided in exercise of any power conferred by—

(i) section 273 of the said Act of 1985 (power to cleanse premises of vermin before demolition);

(ii) sections 379 to 394 of the said Act of 1985 or sections 178 to 190 of the said Act of 1987 (powers exercisable pursuant to the making of a control order);F65 . . .

(iii) Parts XIV to XVI of the said Act of 1985 or Parts XII to XIV of the said Act of 1987 (loans and grants for, and assistance with, the acquisition, improvement, repair and conversion of housing)[F66 or

(iv) article 3 of the Regulatory Reform (Housing Assistance)(England and Wales) Order 2002 (power of local housing authorities to provide assistance)]

(3) Any transaction entered into in contravention of this section shall be void.

(4) Subject to subsections (3) and (4) of section 26 below, where at any time on or after 6th February 1987 and before the passing of this Act a local authority in England and Wales has done anything which would have been a contravention of this section if it had been in force at that time, the same consequences shall follow as if this section had been in force at that time.

(5) For the purposes of this section a local authority provide a person with a gratuitous benefit if—

(a) they provide that person, or agree to provide that person, with a benefit consisting in the disposal to any person of any land or other property, in the provision to any person of any goods, services or facilities, in the carrying out for any person of any works or in the making to any person of any payment; and

(b) that benefit is or is to be provided either for no consideration or for a consideration which has a value in money or money’s worth which is significantly less than the value, in money or money’s worth, of the benefit which is or is to be provided by the authority.

(6) In determining for the purposes of subsection (5) above whether any benefit is or is to be provided by a local authority for no consideration, and in determining for those purposes the value of any consideration, there shall be disregarded—

(a) so much (if any) of the consideration for the benefit in question as consists—

(i) in the acquisition by any person of any such property as is mentioned in section 24(1) above or in a promise that any such property will be acquired by any person;

(ii) in the carrying out of any works by any person for the purposes of the construction, conversion, rehabilitation, improvement or maintenance of any such property or in a promise that any works will be carried out by any person for any such purposes;

(iii) in the carrying out by any person of any acts of management in relation to any such property or in a promise that any acts of management will be carried out by any person in relation to any such property; or

(iv) in the grant of a right to nominate persons to be occupiers of any such property or in a promise to grant any such right;

and

(b) without prejudice to paragraph (a) above, so much of any transaction entered into after the passing of this Act otherwise than in pursuance of another transaction entered into before that time as provides, in relation to any property which is or is intended to be occupied as housing accommodation, for an obligation which—

(i) restricts the occupation of the property as housing accommodation, or

(ii) (whether because it relates to a matter affecting the suitability of the property for particular purposes or otherwise) has the effect of restricting its occupation as housing accommodation,

to occupation by persons of a particular description or to occupation by virtue of an interest or agreement of a particular description.

(7) In the application of this section to Scotland the references in subsection (2)(a)(ii) above to 6th February 1987 shall have effect as references to the date on which this Act is passed.

Textual Amendments

F60 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 96

F61 S. 25(2)(b) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 79(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F62 Words in s. 25(2)(b) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 48

F63 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II

F64 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II

F65 Word in s. 25(2)(f)(ii) repealed (19.7.2002) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(2), 15, Sch. 6

F66 S. 25(2)(f)(iv) and preceding word inserted (19.7.2002) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(2), 9, Sch. 1 para. 3

Modifications etc. (not altering text)

C63 S. 25 excluded (11.9.1996 for specified purposes and otherwise 16.12.1997) by 1996 c. 53, s. 132(7); S.I. 1996/2352, art. 2(2); S.I. 1997/2846, art. 2

Marginal Citations

M27 1977 c. 49.

M28 1978 c. 29.

M29 1985 c. 68.

M30 1987 c. 26.

26 Consents under section 25. E+W+S

(1) A consent given for the purposes of section 25 above—

(a) may be given either unconditionally or subject to conditions;

(b) may be given in relation to a particular case or in relation to such description of cases (including cases described by reference to a particular local authority or a particular manner of providing assistance or benefits) as may be specified in the consent; and

(c) except in relation to anything already done or agreed to be done on the authority of the consent, may be varied or revoked by a notice given or published by the Secretary of State in such manner as he may consider appropriate.

(2) In determining whether to give a consent for the purposes of section 25 above in relation to any assistance or benefit or whether to vary or revoke a consent so given, and in determining to what (if any) conditions such a consent should be subject, the Secretary of State—

(a) shall take into account the extent (if any) to which, and the circumstances in which, it is appropriate, in his opinion, that a local authority should bear the financial burden and risks of acquiring, constructing, converting, rehabilitating, improving, maintaining or managing any of the property in relation to which assistance or benefits might be provided by virtue of the consent; and

(b) may take into account any other matter whatever which he considers relevant.

(3) Where before the passing of this Act any statement has been made by or on behalf of the Secretary of State—

(a) that, if an enactment were in force requiring his consent to a person’s being provided by a local authority with assistance or benefits of any description, he would give his consent for the purposes of that enactment in relation to any matter or would so give his consent subject to certain conditions; and

(b) that, if any such enactment is passed, his statement is to be treated as a consent for the purposes of that enactment,

that statement shall have effect, both for the purposes of subsection (4) of section 25 above and after the passing of this Act, as if it were a consent given for the purposes of that section on the conditions (if any) specified in the statement.

(4) Where a consent given for the purposes of section 25 above or a statement such as is mentioned in subsection (3) above relates, in whole or in part, to any assistance or benefits provided before the consent was given or the statement made, that consent or statement shall have effect for the purposes of this section and that section—

(a) as if the consent had been given, or the statement made, before the assistance or benefits were provided; and

(b) in the case of a consent relating to any assistance or benefits provided before the passing of this Act, as if the consent had been such a statement;

but a consent or statement having effect in accordance with this subsection shall not affect any interest deriving from, or impose any liability in respect of, any disposal of property which was made before the giving of the consent or the making of the statement and was made by a person who, apart from paragraphs (a) and (b) above, had power to make it by virtue of section 25(3) or (4) above.

(5) Where a consent to a disposal of land by a local authority has been given for the purposes of section 25 above or any such statement as is mentioned in subsection (3) above has effect as such a consent [F67 then, if the consent given for the purposes of section 25 above so provides], no further consent of the Secretary of State to that disposal shall (if the disposal is after the passing of this Act) be required by virtue of—

(a) section 26(4) of the M31 Town and Country Planning Act 1959 or section 74(2) of the M32 Local Government (Scotland) Act 1973 (disposal of land for less than the best price etc.);

(b) section 123(2) of the M33 Local Government Act 1972 (disposal of land by certain local authorities); or

(c) section 32(2) or 43(1) of the M34 Housing Act 1985 or section 12 of the M35 Housing (Scotland) Act 1987 (disposal of land held for housing purposes and of certain other land).

(6) Subsection (3) above and, in so far as they relate to a statement such as is mentioned in that subsection, subsections (4) and (5) above shall not extend to Scotland.

Textual Amendments

F67 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 132(7)

Marginal Citations

M31 1959 c. 53.

M32 1973 c. 65.

M33 1972 c. 70.

M34 1985 c. 68.

M35 1987 c. 26.

Part IV E+W+S Miscellaneous and General

Miscellaneous E+W+S

27 Local authority publicity. E+W+S

(1) In section 2 of the M36 Local Government Act 1986 (prohibition of political publicity by local authorities), for subsection (2) (matters to be considered in determining whether material prohibited) there shall be substituted—

“(2) In determining whether material falls within the prohibition regard shall be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed and, in particular, to the following matters—

(a) whether the material refers to a political party or to persons identified with a political party or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another;

(b) where the material is part of a campaign, the effect which the campaign appears to be designed to achieve.”

(2) In section 4 of that Act (issue by Secretary of State of codes of recommended practice on publicity), in subsection (1) for the words from “for the guidance” to the end there shall be substituted “; and local authorities shall have regard to the provisions of any such code in coming to any decision on publicity.”

(3) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

Marginal Citations

M36 1986 c. 10.

[F68 28 Prohibition on promoting homosexuality by teaching or by publishing material. E+W+S

(1) The following section shall be inserted after section 2 of the M37 Local Government Act 1986 (prohibition of political publicity)—

2A “ Prohibition on promoting homosexuality by teaching or by publishing material.

(1) A local authority shall not—

(a) intentionally promote homosexuality or publish material with the intention of promoting homosexuality;

(b) promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.

(2) Nothing in subsection (1) above shall be taken to prohibit the doing of anything for the purpose of treating or preventing the spread of disease.

(3) In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.

(4) In subsection (1)(b) above “maintained school” means,—

(a) in England and Wales, a county school, voluntary school, nursery school or special school, within the meaning of the Education Act 1944; and

(b) in Scotland, a public school, nursery school or special school, within the meaning of the Education (Scotland) Act 1980.”

(2) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.]

Textual Amendments

F68 S. 28 repealed (S.) (29.3.2001) by 2000 asp 7, s. 36(1), Sch. 4 (with s. 31); S.S.I. 2001/113, art. 2(c)(d)

Marginal Citations

M37 1986 c. 10.

29 Local government administration. E+W+S

(1) Schedule 3 to this Act (which relates to local government administration) shall have effect.

(2) That Schedule shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) In that Schedule, paragraphs 1 to 10 extend to England and Wales only and paragraphs 11 to 17 extend to Scotland only.

F69 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F69 S. 30 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

31 Land held by public bodies. E+W

(1) Schedule 5 to this Act (which relates to land held by public bodies) shall have effect.

(2) Subject to subsection (3) below, that Schedule shall come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

(3) Paragraph 2 of that Schedule shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

(4) This section and that Schedule extend to England and Wales only.

[F70 32 Direct labour organisations. S

(1) Schedule 6 to this Act (which relates to direct labour organisations) shall have effect.

(2) Subject to subsection (3) below, that Schedule shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions or different purposes.

(3) Paragraphs 8(1) and (3) and 11 of that Schedule shall come into force on the day on which this Act is passed.

(4) An order under this section may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(5) Paragraph 11 of that Schedule extends to Scotland only.]

Textual Amendments

F70 S. 32 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C64 Power of appointment conferred by s. 32(2)(4) fully exercised: S.I. 1988/979, 1043

33 Local authority companies. E+W+S

(1) A local authority or relevant public body shall not enter into a contract under which a company which is associated with the authority or body is to carry out work falling within a defined activity, unless, before entering into that contract, the authority or body has taken reasonable steps for the purpose of securing competition for the carrying out of that work.

(2) For the purpose of this section a company is associated with a local authority or relevant public body if, by virtue of any decision of the authority or body (including that of any committee or sub-committee thereof in the course of discharging any function conferred upon them by virtue of section 101 of the M38 Local Government Act 1972, or, in relation to Scotland, section 56 of the M39 Local Government (Scotland) Act 1973)—

(a) the authority or body, or

(b) any member or officer of the authority or body, or

(c) any nominee of the authority or body,

is a member either of the company or of another company which, in accordance with section 736 of the M40 Companies Act 1985, is the company’s subsidiary or holding company.

[F71 (2A) In relation to England and Wales, a company is also associated with a local authority, or relevant public body, to which Part V of the Local Government and Housing Act 1989 applies (companies in which local authorities have interests) if the company is under the control or subject to the influence of the authority or body within the meaning of that Part or the authority or body has a minority interest in the company.]

(3) In this section—

(a) “defined activity” has the meaning assigned by section 2 above;

(b) “local authority” has the meaning assigned by subsection (2) or, as the case may be, subsection (3) of section 1 above; and

(c) “relevant public body” means any authority or committee falling within [F72 paragraph (aa) or]paragraphs (e) to (j) of subsection (1) of section 1 above.

(4) This section (and, so far as is relevant for the purposes of the definitions in subsection (3) above, sections 1 and 2 above) shall be deemed to have come into force on 11th February 1988 and, accordingly, has effect in relation to contracts entered into on or after that day.

Textual Amendments

F71 S. 33(2A) inserted (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 194(1), 195(2), Sch. 11 para. 97

F72 S. 33(3)(c): words in definition of “relevant public body” inserted (19.9.1995) by 1995 c. 25, ss. 65(7), 125, Sch. 8 para. 8(5) (with ss. 7(6), 115, 117)

Marginal Citations

M38 1972 c. 70.

M39 1973 c. 65.

M40 1985 c. 6.

34 Arrangements under Employment and Training Act 1973. E+W

(1) In section 45(2) of the M41 Local Government (Miscellaneous Provisions) Act 1982 (local authorities having power to enter into arrangements under M42 Employment and Training Act 1973) after paragraph (a) there shall be inserted—

“(aa) an authority established by Part III or IV of the Local Government Act 1985 or by an order under section 10 of that Act;

(ab) a body corporate established by an order under section 67 of that Act.”

(2) This section shall be deemed to have come into force, as regards any authority or body concerned, on the day the authority or body was established.

(3) This section extends to England and Wales only.

Marginal Citations

M41 1982 c. 30.

M42 1973 c. 50.

35 Amendment of Local Government (Scotland) Act 1973. S

(1) The M43 Local Government (Scotland) Act 1973 shall be amended in accordance with the provisions of this section.

(2) In section 97 (establishment of Commission for Local Authority Accounts in Scotland), in subsection (2) the word “and” after paragraph (c) shall be omitted and at the end there shall be added “and

(e) functions conferred by sections 97A and 97B of this Act.”

(3) After section 97 there shall be inserted the following sections—

“97A Studies for improving economy etc. in services.

(1) The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and for improving the financial or other management of such authorities or other bodies.

(2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section.

(3) Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate.

97B Furnishing of information and documents to Commission.

(1) Without prejudice to any other provision of this Part of this Act, the Commission may require any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body, to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

(2) Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

(4) In section 99 (general duties of auditors) after paragraph (b) there shall be added—

“(c) that the local authority has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.”

(5) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(6) This section extends to Scotland only.

Marginal Citations

M43 1973 c. 65.

F73 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F73 S. 36 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. II

37 Dog registration scheme. E+W+S

(1) The Secretary of State may by regulations make provision for the establishment and administration of a dog registration scheme by local authorities, or such other organisations as he may, after consulting with them, designate.

(2) Regulations made under this section shall be exercisable by statutory instrument.

38 Abolition of duty on dog licences. E+W+S

(1) The duty charged under the M44 Dog Licences Act 1959 on licences for dogs is hereby abolished.

(2) In section 1 of the M45 Protection of Animals (Cruelty to Dogs) Act 1933 (disqualification for keeping a dog of any person convicted of cruelty to dogs), at the end there shall be inserted the following subsection—

“(5) For the purposes of this section a person shall be presumed, until the contrary is shown, to keep a dog—

(a) if it is found or seen in that person’s custody, charge or possession, or in his house or premises;

(b) in the case of hounds, if he is their owner or master.”

(3) In section 1 of the M46 Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934 (disqualification for keeping a dog of any person convicted of cruelty to dogs), at the end there shall be inserted the following subsection—

“(5) For the purposes of this section a person shall be presumed, until the contrary is shown, to keep a dog—

(a) if it is found or seen in that person’s custody, charge or possession, or in his house or premises;

(b) in the case of hounds, if he is their owner or master.”

(4) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

Marginal Citations

M44 1959 c. 55.

M45 1933 c. 17.

M46 1934 c. 25.

39 Control of stray dogs. E+W

(1) The M47 Dogs Act 1906 shall be amended in accordance with the provisions of this section.

F74 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 3 shall be amended as follows for the purpose of extending the powers of seizure and detention of stray dogs to those found on land or premises other than highways or places of public resort—

(a) in subsection (1), after the word “resort” there shall be inserted the words “or on any other land or premises”; and

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) The powers under subsection (1) of this section shall not be exercised in relation to a dog found on any land or premises other than a highway or place of public resort unless the owner or occupier of the land or premises has consented to such exercise.”

F74 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any enactment in any local Act which amends section 3 or confers powers on a local authority (within the meaning of that section) in relation to that section as it applies to the area of the local authority shall cease to have effect.

(6) This section shall come into force at the end of the period of two months beginning on the day on which this Act is passed.

(7) This section extends to England and Wales only.

Textual Amendments

F74 S. 39(2)(4) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. IX; S.I. 1992/266, art.3

Marginal Citations

M47 1906 c. 32.

General E+W+S

40 Finance. E+W+S

There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State incurred in consequence of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

41 Repeals. E+W+S

The enactments mentioned in Schedule 7 to this Act are repealed to the extent specified in column 3, but subject to any provision at the end of any Part of that Schedule.

42 Citation and extent. E+W+S

(1) This Act may be cited as the Local Government Act 1988.

(2) This Act does not extend to Northern Ireland.

SCHEDULES

Section 2.

SCHEDULE 1 E+W+S Competition

Collection of refuse E+W+S

1 (1) F75 . . . the following (and only the following) fall within section 2(2)(a) above— E+W+S

(a) the collection of household waste, and

(b) the collection of commercial waste.

(2) In sub-paragraph (1) above—

(a) household waste means anything (other than sewage) which is for the time being household waste for the purposes of [F76 section 45 of the Environmental Protection Act 1990], and

(b) commercial waste means anything (other than sewage) which is for the time being commercial waste for those purposes.

(3) In sub-paragraph (2) above “sewage” has the same meaning as in [F77 section 75(8) of the Environmental Protection Act 1990].

F78 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Words in Sch. 1 para. 1(1) omitted (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1), 164(3), Sch. 15 para. 27(a); S.I. 1994/1096, art. 2(1) and expressed to be repealed (prosp.) by 1990 c. 43, s. 162(2), Sch. 16 Pt. II

F76 Words in Sch. 1 para. 1(2)(a) substituted (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 27(b); S.I. 1994/1096, art. 2(1)

F77 Words in Sch. 1 para. 1(3) substituted (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 27(c); S.I. 1994/1096, art. 2(1)

F78 Sch. 1 para. 1(4) omitted (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), 164(3), Sch. 15 para. 27(d); S.I. 1994/1096, art. 2(1) and expressed to be repealed (prosp.) by 1990 c. 43, s. 162(2), Sch. 16 Pt. II

Cleaning of buildings E+W+S

2 (1) The cleaning of the windows of any building (whether inside or outside) and the cleaning of the interior of any building fall within section 2(2)(b) above. E+W+S

(2) But the following do not fall within section 2(2)(b) above—

(a) the cleaning of the exterior (which here excludes windows) of any building;

(b) the cleaning of the windows or interior of a dwelling, residential establishment or [F79 regional police establishment].

(3) In sub-paragraph (2) above “dwelling” means a building or part of a building occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied.

(4) In sub-paragraph (2) above “residential establishment” means (except in relation to Scotland) a building or part of a building in which residential accommodation is provided under—

(a) section 21 or 29 of the National Assistance Act 1948,

(b) F80 . . ., or

[F81 (c) section 53 of the Children Act 1989.]

(5) In sub-paragraph (2) above “residential establishment”, in relation to Scotland, has the same meaning as in the M48 Social Work (Scotland) Act 1968.

[F82 (6) In sub-paragraph (2) above “regional police establishment” means a building or part of a building which, in pursuance of an agreement under section 13 of the Police Act 1964 F83 or section 12 of the Police (Scotland) Act 1967 F84 , is used by two or more police forces for the joint discharge by them of functions relating to the investigation of crime.]

Textual Amendments

F79 Words in Sch. 1 para. 2(2)(b) substituted (20.8.1995) by S.I. 1995/1915, art. 3(1)

F80 Words in Sch. 1 para. 2(4)(b) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/2975, art. 2 (2), Sch.

F81 Sch. 1 para. 2(4)(c) substituted (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 72; S.I. 1991/828, art. 3(2)

F82 Sch. 1 para. 2(6) substituted (20.8.1995) by S.I. 1995/1915, art. 3(2)

F83 1964 c.48. Section 13 is amended by paragraph 2 of Schedule 5 to the Police and Magistrates's Courts Act 1994 (c.29).

F84 1967 c.77.

Marginal Citations

M48 1968 c. 49.

Other cleaning E+W+S

3 (1) The following (and only the following) fall within section 2(2)(c) above— E+W+S

(a) the removal of litter from any land;

(b) the emptying of litter bins;

(c) the cleaning (by sweeping or otherwise) of any street;

(d) the emptying of gullies;

(e) the cleaning of traffic signs and street name plates.

(2) In sub-paragraph (1) above—

• “gullies” includes catchpits and interceptors;

• “litter” includes leaves but not derelict vehicles, derelict vessels or scrap metal;

• “litter bin” (except in relation to Scotland) means a receptacle provided in a street or public place for refuse or litter, and (in relation to Scotland) has the same meaning as in section 7 of the Litter Act 1983;

• “street” (except in relation to Scotland) has the meaning given by section 329(1) of the M49 Highways Act 1980, and (in relation to Scotland) means a road as defined in section 25(3) of the M50 Local Government and Planning (Scotland) Act 1982;

• “traffic sign” has the meaning given by section 64(1) of the M51 Road Traffic Regulation Act 1984 except that it does not include a line or mark on a road.

Marginal Citations

M49 1980 c. 66.

M50 1982 c. 43.

M51 1984 c. 27.

Catering: schools and welfare E+W+S

4 (1) The following (and only the following) fall within section 2(2)(d) above— E+W+S

(a) providing ingredients for, and preparing, delivering and serving, meals for consumption in schools other than excepted schools;

(b) providing refreshments for consumption in schools other than excepted schools;

(c) providing ingredients for, and preparing and delivering, meals for consumption in residential establishments or day centres other than excepted establishments or centres;

(d) providing refreshments for consumption in residential establishments or day centres other than excepted establishments or centres;

(e) providing ingredients for, and preparing, meals for provision to persons in their own homes under section 45 of the Health Services and Public Health Act 1968, section 2(1)(g) of the M52 Chronically Sick and Disabled Persons Act 1970, Part II of Schedule 9 to the M53 Health and Social Services and Social Security Adjudications Act 1983 or section 12 of the M54 Social Work (Scotland) Act 1968.

(2) For the purposes of sub-paragraph (1) above a school is an excepted one if—

(a) it is a special school or a school on whose premises all or some of the pupils reside,

(b) it is maintained by a local education authority or, in Scotland, it is under the management of an education authority, and

(c) meals are prepared on its premises.

(3) For the purposes of sub-paragraph (1) above an establishment or centre is an excepted one if it is maintained by a local authority and meals are prepared on its premises; and “local authority” here has the same meaning as in section 1(1) above.

(4) In this paragraph “residential establishment” has the same meaning as in paragraph 2 above.

(5) In this paragraph “day centre” means premises (other than residential premises) where facilities are provided under—

(a) section 29 of the M55 National Assistance Act 1948,

(b) section 45 of the M56 Health Services and Public Health Act 1968,

(c) section 12 of the M57 Social Work (Scotland) Act 1968,

(d) Schedule 8 to the M58 National Health Service Act 1977, or

(e) Part II of Schedule 9 to the M59 Health and Social Services and Social Security Adjudications Act 1983.

Marginal Citations

M52 1970 c. 44.

M53 1983 c. 41.

M54 1968 c. 49.

M55 1948 c. 29.

M56 1968 c. 46.

M57 1968 c. 49.

M58 1977 c. 49.

M59 1983 c. 41.

Other catering E+W+S

5 (1) The following (and only the following) fall within section 2(2)(e) above— E+W+S

(a) providing ingredients for, and preparing and serving, meals;

(b) providing refreshments.

(2) But an activity does not fall within section 2(2)(e) above if—

(a) the meals or refreshments are for consumption in schools, residential establishments, day centres, institutions of further education, or hostels in Scotland used mainly by pupils attending schools, or

(b) the activity falls within paragraph 4(1)(e) above.

(3) In sub-paragraph (2) above “residential establishment” and “day centre” have the same meanings as in paragraph 4 above.

(4) In sub-paragraph (2) above “institution of further education” means (except in relation to Scotland) an institution [F85 which is maintained by a local education authority and provides higher education or further education (or both)].

(5) In sub-paragraph (2) above “institution of further education” means, in relation to Scotland, an institution for the provision by an education authority of any form of further education within the meaning of section 135(1) of the M60 Education (Scotland) Act 1980.

Textual Amendments

F85 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 107

Marginal Citations

M60 1980 c. 44.

Maintenance of ground E+W+S

6 (1) Subject to sub-paragraph (2) below, the following (and only the following) fall within section 2(2)(f) above— E+W+S

(a) cutting and tending grass (including re-turfing and re-seeding but not initial turfing or seeding);

(b) planting and tending trees, hedges, shrubs, flowers and other plants (but excluding landscaping any area);

(c) controlling weeds.

(2) An activity does not fall within section 2(2)(f) above if its primary purpose is research or securing the survival of any kind of plant.

Supervision of parking E+W+S

[F86 6A (1) The following (and only the following) fall within section 2(2)(ff) above—

(a) the fixing or giving of penalty charge notices under section 66 of the 1991 Act;

(b) the fixing or removal, or authorising the fixing or removal, of immobilisation devices under section 69 of the 1991 Act;

(c) the removal, or the making of arrangements for the removal, of vehicles in pursuance of regulations under section 99 of the 1984 Act, where the removal is effected or arranged by parking attendants; and

(d) the making of arrangements for the custody, release or disposal of vehicles whose removal is effected or arranged as mentioned in paragraph (c) above.

(2) In this paragraph—

“the 1984 Act” means the Road Traffic Regulation Act 1984 F87 ;

“the 1991 Act” means the Road Traffic Act 1991 F88 ;

“parking attendant” has the same meaning as in section 63A of the 1984 Act F89 .]

Textual Amendments

F86 Sch. 1 para. 6A inserted (10.11.1994) by S.I. 1994/2884, art. 2(2)

F87 1984 c.27.

F88 1991 c.40.

F89 Section 63A is inserted by section 44(1) of the Road Traffic Act 1991.

Repair and maintenance of vehicles E+W+S

7 (1) Subject to the following provisions of this paragraph, the repair and the maintenance of any motor vehicle or trailer fall within section 2(2)(g) above. E+W+S

(2) The repair of damage caused by an accident does not fall within section 2(2)(g).

(3) Neither the repair nor the maintenance of a police vehicle falls within section 2(2)(g).

(4) In this paragraph “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads or otherwise on land.

(5) In this paragraph “police vehicle” means (except in relation to Scotland) a vehicle used only in connection with the discharge of the police functions of an authority falling within section 1(1)(e) above or the Common Council of the City of London.

(6) In this paragraph “police vehicle” means, in relation to Scotland, a vehicle used only in connection with the discharge of the functions of a police authority.

(7) In this paragraph “trailer” means a vehicle intended or adapted to be drawn by a motor vehicle.

Management of vehicles E+W+S

[F90 7A (1) The following (and only the following) fall within section 2(2)(gg) above—

(a) arranging for motor vehicles to be available to meet the requirements from time to time of a defined authority;

(b) securing that the statutory provisions relating to registration, licensing, safety and insurance are complied with as respects motor vehicles so made available and that the drivers of such vehicles are duly licensed; and

(c) arranging for the provision of fuel for, and the cleaning, repair and maintenance of, such vehicles.

(2) In sub-paragraph (1) above references to motor vehicles do not include references to any which are to be used exclusively for the purposes of a defined authority’s functions as a police or fire authority.

(3) In this paragraph references to motor vehicles include references to trailers; and “motor vehicle” and “trailer” have the same meanings as in paragraph 7 above.]

Textual Amendments

F90 SCh. 1 para. 7A inserted (10.11.1994) by S.I. 1994/2884, art. 2(2)

[F91 Managing sports and leisure facilities E+W+S

Textual Amendments

F91 Sch. 1 para. 8 added by S.I. 1989/2488, art. 2(2)

8 (1) Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above— E+W+S

(a) swimming pools, skating rinks, gymnasia;

(b) tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;

(c) tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;

(d) riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.

(2) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided—

(a) on premises not predominantly used for sport or physical recreation;

(b) on premises occupied by educational institutions.

(3) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above—

(a) if that facility is provided—

(i) in England or Wales under [F92 section 508 of the Education Act 1996 (whether or not also provided under [F93 section 15A or 15B] of that Act)] and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976; or

(ii) in Scotland under section 6 or 17 of the Education (Scotland) Act 1980, whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982; and

(b) (i) where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or

(ii) where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.

(4) For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging—

(a) for instruction in the sport or other physical recreational activity provided;

(b) for supervision of the sport or activity;

(c) catering;

(d) the hiring out of equipment for use at the facility;

(e) the marketing and promotion of the facility;

(f) the taking of bookings;

(g) the collection of, and accounting for, fees and charges;

(h) the physical security of the premises;

(j) the cleaning and proper maintenance of the facility other than the external parts of buildings;

and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.

(5) In this paragraph, “educational institutions”—

• in England and Wales, means schools which are [F94 community, foundations or voluntary schools or community or foundation special schools]; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and

• in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and

• in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.]

Textual Amendments

F92 Words in Sch. 1 para. 8(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 68 (with s. 1(4))

F93 Words in Sch. 1 para. 8(3)(a)(i) substituted (28.7.2000 for specified purposes, 1.4.2001 for E. for all other purposes and 1.4.2001 for W. for all other purposes) by 2000 c. 21, s. 149, Sch. 9 para. 13 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F94 Words in Sch. 1 para. 8(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 15; S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C65 Sch. 1 para. 8 excluded (temp. from 5.4.1999 to 1.11.1999) by S.I. 1999/777, art. 2

Housing management E+W+S

[F95 9 (1) Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above—

(a) dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;

(b) informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;

(c) collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;

(d) arranging for the vacating of local authority housing once a tenancy or licence has terminated;

(e) inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;

(f) taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;

(g) taking steps to remove unlawful occupants from local authority housing;

(h) assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;

(i) assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;

(j) carrying out inspections and surveys of local authority housing for the purposes of ascertaining—

(i) its physical condition or state of repair, or

(ii) whether or not such housing is occupied;

(k) assessing claims for compensation under regulations made under section 96 of the 1985 Act F96 or section 60 of the 1987 Act F97 (right to carry out repairs) and making recommendations to the landlord;

(l) assessing applications for payment—

(i) under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements) F98 , or

(ii) under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;

(m) operating reception and security services provided at the entrance to local authority housing; and

(n) taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.

(2) The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if—

(a) the tenant is not an individual or, as the case may be, all the tenants are not individuals; or

(b) the tenancy is—

(i) a long tenancy within the meaning of section 115 of the 1985 Act,

(ii) a lease granted in pursuance of the right to acquire on rent to mortgage terms conferred by Part V of the 1985 Act,

(iii) a lease granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or

(iv) a lease under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, direct or indirect, to the value of the demised premises.

(3) In this paragraph—

• “the 1985 Act” means the Housing Act 1985 F99 ;

• “the 1987 Act” means the Housing (Scotland) Act 1987 F100 ;

• [F101 “introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996;]

• “local authority housing” means housing accommodation provided by a local authority under Part II of the 1985 Act, or, as regards Scotland, under Part I of the 1987 Act, including—

  (i)

  garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it, and

  (ii)

  common parts of buildings containing two or more dwelling-houses,

  but excluding hostels as defined in section 622 of the 1985 Act or section 2(5) of the 1987 Act;

• “secure tenancy” has the same meaning as in section 79 of the 1985 Act or section 44 of the 1987 Act (secure tenancies);

• “service charge” means an amount payable by a tenant of premises which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management;

• “tenancy” has the same meaning as in section 621 of the 1985 Act or section 82 of the 1987 Act, and also includes a secure tenancy [F102 and an introductory tenancy], and “tenant” shall be construed accordingly; and

• “vacant property” means housing accommodation provided by a local authority (including garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it) which is unoccupied, whether by reason of the termination of a secure tenancy [F103 or an introductory tenancy]or otherwise.]

Textual Amendments

F95 Sch. 1 para. 9 inserted (23.6.1994) by S.I. 1994/1671, art. 2(2)

F96 Section 96 was substituted by section 121 of the Leasehold Reform, Housing and Urban Development Act 1993 (c.28).

F97 Section 60 was substituted by section 146 of the Leasehold Reform, Housing and Urban Development Act 1993

F98 Section 99A was inserted by section 122 of the Leasehold Reform, Housing and Urban Development Act 1993; section 58A was inserted by section 147 of that Act; section 100 was amended by paragraph 16(1) and (2) of Schedule 3 to the Housing and Planning Act 1986 (c.63) and paragraph 66 of Schedule 11 to the Local Government and Housing Act 1989 (c.42).

F99 1985 c.68.

F100 1987 c.26.

F101 Sch. 1 para. 9(3): definition of “introductory tenancy” inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 4(a)

F102 Sch. 1 para. 9(3): words in definition of “tenancy” inserted (12.2.1997) by S.I. 1997/74, art. 2, para. 4(b)

F103 Sch. 1 para. 9(3): words in definition of “vacant property” inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 4(c)

Security work E+W+S

[F104 10 (1) The following (and only the following) fall within section 2(2)(i) above—

(a) operating security controls in relation to persons entering or leaving land which is occupied by a defined authority or in which such an authority has an interest, or moving between different parts of such land; and

(b) operating security patrols in respect of such land.

(2) In sub-paragraph (1) above the references to land which is occupied by a defined authority or in which such an authority has an interest do not include references to—

(a) any library, museum or art gallery;

(b) any police establishment; or

(c) in the case of the references in paragraph (a), any dwelling or residential establishment.

(3) In sub-paragraph (2) above the reference to a library, museum or art gallery is a reference to—

(a) one maintained under the Public Libraries and Museums Act 1964 F105 ; or

(b) one established under the Public Libraries Consolidation (Scotland) Act 1887 F106 , or one to which that Act applies.

[F107 (3A) In sub-paragraph (2) above “police establishment” means a building or part of a building used by police for the performance of their functions (whether as a police station or police training establishment or otherwise).]

(4) In sub-paragraph (2) above F108 . . ., “dwelling” and, subject to sub-paragraph (5) below, “residential establishment” have the same meanings as in paragraph 2(2) above.

(5) In sub-paragraph (2) above “residential establishment” includes, in relation to Scotland, a hostel provided under section 13 of the Education (Scotland) Act 1980 F109 .]

Textual Amendments

F104 Sch. 1 para. 10 inserted (10.11.1994) by S.I. 1994/2884, art. 2(4)

F105 1964 c.75.

F106 1887 c.42.

F107 Sch. 1 para. 10(3A) inserted (20.7.1995) by S.I. 1995/1915, art. 3(3)

F108 Words in Sch. 1 para. 10(4) omitted (20.7.1995) by S.I. 1995/1915, art. 3(4)

F109 1980 c.44.

Legal services E+W+S

[F110 11 (1) The provision of legal services by legal staff falls within section 2(2)(j) above.

(2) For the purposes of sub-paragraph (1) above, without prejudice to the generality of the term, “legal services” includes—

(a) legal advice to any of the following, namely—

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) legal advice to any other person in relation to the discharge of any functions of a defined authority;

(c) legal work in or in connection with any criminal or civil proceedings before any court or tribunal or at any inquiry;

(d) conveyancing work in relation to property of any kind;

(e) legal work in connection with any of the following, namely—

(i) contracts or agreements of any kind;

(ii) matters relating to property of any kind;

(iii) a defined authority’s insurance arrangements;

(iv) statutory orders, notices and byelaws and, in Scotland, management rules under sections 112 to 118 of the Civic Government (Scotland) Act 1982 F111 ; and

(v) local or personal Bills or, in Scotland, private legislation within the meaning of section 82 of the Local Government (Scotland) Act 1973 F112 ; and

(f) legal work in connection with the provision of a legal service for a defined authority otherwise than by a member of its own staff.

(3) In sub-paragraph (1) above “legal staff” means any of the following, or any person under their management or control, namely—

(a) solicitors, legal executives, barristers and advocates;

(b) licensed conveyancers within the meaning of the Administration of Justice Act 1985 F113 ; and

(c) qualified conveyancers within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 F114 .]

Textual Amendments

F110 Sch. 1 para. 11 inserted (10.11.1994) by S.I. 1994/2884, art. 2(4)

F111 1982 c.45.

F112 1973 c.65.

F113 1985 c.61.

F114 1990 c.40.

Construction and property services E+W+S

[F115 12 (1) The provision of construction and property services in connection with the development, maintenance or management of relevant land falls within section 2(2)(k) above.

(2) For the purposes of sub-paragraph (1) above, “construction and property services” means services in any of the following fields, namely–

(a) architecture (including landscape architecture);

(b) engineering;

(c) valuation;

(d) property management; and

(e) surveying (including quantity and building surveying), being services which fall within sub-paragraph (3) below and are not excluded by sub-paragraph (4) below.

(3) Services fall within this sub-paragraph if they consist of or are provided for the purposes of, or in connection with, any of the following, namely–

(a) the giving of advice to any of the following–

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) the giving of advice to any other person in relation to the discharge of any functions of a defined authority;

(c) the establishment and management of capital and revenue programmes for the development and maintenance of relevant land;

(d) the design and planning of development projects and maintenance work, including feasibility studies, investigatory work and the preparation of plans, costings and reports;

(e) the management of such projects and such work, including finance and contract management;

(f) the management of relevant land, excluding the management of local authority housing (as defined in paragraph 9 above); and

(g) the procuring, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (f) above and are provided for a defined authority by any person.

(4) The following services are excluded by this sub-paragraph–

(a) any services provided in pursuance of section 6 of the Highways Act 1980 F116 (delegation etc of functions with respect to trunk roads) or in pursuance of section 4 of the Roads (Scotland) Act 1984 F117 (agreements between authorities); and

(b) any services provided for the purposes of, or in conection with, sewerage functions carried out on behalf of sewerage undertakers in pursuance of arrangements entered into for the purposes of section 97 of the Water Industry Act 1991 F118 .

(5) The following are “relevant land” for the purposes of this paragraph–

(a) land which is occupied by a defined authority;

(b) land in which such an authority has or is seeking to acquire an interest;

(c) land for the maintenance or management of which such an authority assumes responsibility by agreement;

(d) highways for which such an authority is the highway authority and which are maintainable at the public expense; and

(e) public roads within the meaning of the Roads (Scotland) Act 1984 in relation to which such an authority is the local roads authority.]

Textual Amendments

F115 Sch. 1 para. 12 inserted (11.11.1994) by S.I. 1994/2888, art. 2(2)

F116 1980 c. 66

F117 1984 c. 54

F118 1991 c. 56

[FINANCIAL SERVICES E+W+S

F119 13 (1) The provision of services consisting of, or provided for the purposes of, or in connection with, any of the following, (and only the following) falls within section 2(2)(1) above, namely E+W+S

(a) financial advice to any of the following, namely—

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) financial advice to any other person in relation to the discharge of any functions of a defined authority;

(c) accounting services including, in particular, the completion of statutory accounts and the maintenance of appropriate financial records;

(d) the administration of direct and indirect taxation for a defined authority;

(e) the development and maintenance of financial information and management systems;

(f) audit services including, in particular, liaison with external auditors and other appropriate bodies;

(g) the administration, collection and recovery of non-domestic rates, council tax, water and sewerage charges or rates, community charges and general rates;

(h) the provision of payroll facilities;

(i) subject to sub-paragraph (2) below, the determination, administration and making of payments, including arranging abatements and rebates;

(j) the collection of income and the recovery of debts;

(k) the administration of a defined authority’s pension fund including, in particular, the management of investments and actuarial services;

(l) the arrangement and management of borrowing and investment and the monitoring of cash-flow;

(m) the administration of a defined authority’s insurance arrangements;

(n) financial consultancy work including, in particular, research;

(o) the procurement, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (n) above and are provided for a defined authority by any person.

(2) The activities described in sub-paragraph (1)(i) above do not fall within section 2(2)(1) above where they relate to

(a) mandatory and discretionary awards made pursuant to the Education Act 1962 F120 ;

(b) education maintenance allowances payable pursuant to the Scholarship and Other Benefits Regulations 1977 F121 or bursaries, scholarships or other allowances payable pursuant to section 49 of the Education (Scotland) Act 1980 F122 ;

(c) clothing grants payable pursuant to section 5 of the Education (Miscellaneous Provisions) Act 1948 F123 or section 54 of the Education (Scotland) Act 1980;

(d) free school meals and milk provided pursuant to section 22 of the Education Act 1980 F124 or section 53 of the Education (Scotland) Act 1980; or

(e) board and lodging fees payable pursuant to section 111 of the Education Reform Act 1988 F125 or section 52 of the Education (Scotland) Act 1980.]

Textual Amendments

F119 Sch. 1 para. 13 inserted (20.7.1995) by S.I. 1995/1915, art. 4

F120 1962 c.12.

F121 S.I. 1977/1443.

F122 1980 c.44.

F123 1948 c.40.

F124 1980 c.20.

F125 1988 c.40.

INFORMATION TECHNOLOGY SERVICES E+W+S

F126 14 (1) The provision of information technology services falls within section 2(2)(m) above. E+W+S

(2) For the purposes of sub-paragraph (1) above, “information technology services” means services which are designed to secure for a defined authority the availability or application of information technology.

(3) Without prejudice to the generality of sub-paragraph (2) above, information technology services include services which consist of or are provided for the purposes of, or in connection with, any of the following

(a) giving advice in relation to information technology to any of the following—

(i) a defined authority or its members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) giving advice to any person as to the application of information technology;

(c) assessing a defined authority’s requirements for information technology, and keeping those requirements under review, including appraising any such technology for the time being in use;

(d) arranging for information technology to be available to meet the requirements of a defined authority;

(e) developing information technology;

(f) maintaining equipment used in connection with information technology.

(4) In this paragraph “information technology” means any computer, telecommunications or other technology the principal use of which is the recording, processing and communication of information by electronic means.

Textual Amendments

F126 Sch. 1 para. 14 inserted (20.7.1995) by S.I. 1995/1915, art. 4

PERSONNEL SERVICES E+W+S

F127 15 (1) Provision of the following services (and only the following) falls within section 2(2)(n) above— E+W+S

(a) personnel advice to any of the following, namely —

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) personnel advice to any other person in relation to the discharge of any functions of a defined authority;

(c) conducting organisational and method studies and work studies including, in particular, conducting management service reviews and preparing business plans;

(d) human resource management including, in particular, recruitment, monitoring, assessment and appraisal;

(e) personnel research;

(f) developing and maintaining statistical and managerial information systems:

(g) subject to sub-paragraph (2) below, training a defined authority’s employees including, in particular, arranging, monitoring and evaluating training and development programmes;

(h) developing and maintaining employee relations policies, practices and procedures;

(i) personnel work in connection with any of the following, namely

(i) pay and other employee benefits including, in particular, superannuation benefits;

(ii) terms and conditions of employment;

(iii) health and safety policies and procedures;

(iv) employee welfare policies and procedures including, in particular, occupational health services; and

(v) redundancy arrangements and agreements;

(j) procuring, monitoring or supervising any services which fall within paragraphs (a) to (i) above and are provided for a defined authority by any person.

(2) The activities described in sub-paragraph (1)(g) above do not fall within section 2(2)(n) above where they relate to—

(a) the ordinary supervision of trainees or other employees; or

(b) the training of fire-fighting members of fire brigades.

Textual Amendments

F127 Sch. 1 para. 15 inserted (20.7.1995) by S.I. 1995/1915, art. 4

Section 17(2)

SCHEDULE 2 E+W+S Public Supply or Works Contracts: The Public Authorities

Modifications etc. (not altering text)

C66 Sch. 2 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 25(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Public authorities E+W+S

A local authority.

[F128 An executive of a local authority (within the meaning of Part II of the Local Government Act 2000).]

Textual Amendments

F128 Words in Sch. 2 inserted (11.7.2001 for E., 1.4.2002 for W.) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 (S.I. 2001/2237), art. 18(2) and The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 17(2)

[F129 The Greater London Authority.]

Textual Amendments

F129 Words in Sch. 2 inserted (8.5.2000) by 1999 c. 29, s. 80 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

An urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.

A development corporation established for the purposes of a new town.

The Commission for the New Towns.

[F130 A police authority established under [F131 section 3 of the Police Act 1996].].

Textual Amendments

F130 Entry in Sch. 2 substituted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 32; S.I. 1994/2025, art. 6(1)(3)-(6); S.I. 1994/3262, art. 4, Sch.

F131 Words in Sch. 2 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(za)

[F132 The Metropolitan Police Authority.]

Textual Amendments

F132 Entry in Sch. 2 inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 57 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

A fire authority constituted by a combination scheme and a metropolitan county fire and civil defence authority.

[F133 The London Fire and Emergency Planning Authority.]

Textual Amendments

F133 Words in Sch. 2 substituted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 50 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

A metropolitan county passenger transport authority.

An authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal).

F134 . . . F135 . . ..

Textual Amendments

F134 Words in Sch. 2 repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 110, Sch. 21 Pt. II; S.I. 1994/507, art. 4, Sch. 2, Appendix

F135 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F136 . . .

Textual Amendments

F136 Words in Sch. 2 repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(a), Sch. 1

F137 . . ..

Textual Amendments

F137 Words repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(1)(3), s. 72(3), Sch. 2 para. 17, Sch. 10

The Broads Authority.

[F138 Any National Park authority]

Textual Amendments

F138 Words in Sch. 2 inserted (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 8(3)

F139 . . .

Textual Amendments

F139 Words in Sch. 2 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F139 . . .

[F140 The Strathclyde Passenger Transport Authority.]

Textual Amendments

F140 Words in Sch. 2 inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(6)(a); S.I. 1996/323, art. 4(1)(b)(c)

[F141 A National Park authority in Scotland].

Textual Amendments

F141 Words in Sch. 2 inserted (S.) (8.9.2000) by 2000 asp 10, ss. 36, 37(1), Sch. 5 para. 13 (with s. 32); S.S.I. 2000/312, art. 2

[F142 A joint planning board constituted under section 2(1B) of the M61 Town and Country Planning Act 1990.

Textual Amendments

F142 Words in Sch. 2 inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 20 (with ss. 54(7), 55(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

M61 1990 c. 8.

F139 . . .]

A Passenger Transport Executive, that is to say, any body constituted as such an Executive for a passenger transport area for the purposes of Part II of the M62 Transport Act 1968.

Marginal Citations

M62 1968 c. 73.

[F143 A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000]

Textual Amendments

F143 Words in Sch. 2 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 82; S.I. 2001/919, art. 2(f)(ii)

A joint committee discharging under section 101 of the M63 Local Government Act 1972 functions of local authorities (within the meaning of that section).

Marginal Citations

M63 1972 c. 70.

Interpretation E+W+S

In the application of this Schedule to England and Wales, “local authority” means—

(a) a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority;

and includes a residuary body established by Part VII of the M64 Local Government Act 1985.

In the application of this Schedule to Scotland—

(a) “local authority” means a [F144 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or any joint board or joint committee within the meaning of the M65 Local Government (Scotland) Act 1973, and

F145 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Words in Sch. 2 substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(6)(b); S.I. 1996/323, art. 4(1)(b)(c)

F145 Sch. 2: words in definition of “water development board” repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

M64 1985 c. 51.

M65 1973 c. 65.

Section 29.

SCHEDULE 3 E+W+S Local Government Administration

Local Government Act 1974 (c. 7) E+W

1 E+W Part III of the Local Government Act 1974 (local government administration) shall be amended as mentioned in paragraphs 2 to 10 below.

2 (1) In section 23(12) (Commissions to review operation of certain provisions in each financial year) for the words from “The Commissions” to “local authorities” there shall be substituted “In the financial year beginning on 1st April 1990, and in every third financial year afterwards, the Commissions shall review the operation (since the last review was made under this subsection) of the provisions of this Part of this Act about the investigation of complaints, and shall have power to convey to authorities to which this Part of this Act applies”. E+W

(2) Section 23(12) shall not require a review in the financial year in which this Schedule comes into force; but the review in the financial year beginning on 1st April 1990 must relate to the operation of the provisions mentioned in section 23(12) since the last review was made under section 23(12) as unamended.

3 (1) Section 24 (representative bodies) shall be amended as follows. E+W

(2) For subsection (6) (representative bodies to arrange for publication of reports) there shall be substituted—

“(6) Each Commission shall arrange for the publication of the report submitted by them under subsection (4) above and of the reports of which copies are submitted by them under subsection (5) above.”

(3) In subsection (7) for “local authorities” there shall be substituted “authorities to which this Part of this Act applies”.

(4) For subsection (8) there shall be substituted—

“(8) Before arranging for the publication of a report under subsection (6) above the Commission concerned shall give a reasonable opportunity for the appropriate representative body to comment on it, and if any comments are made shall (when arranging for the report to be published) arrange for it to be published with an annex containing such of the comments as the body think appropriate.”

(5) Sub-paragraphs (2) and (4) above apply to any report submitted under section 24(4) after the coming into force of this Schedule and to any report a copy of which is submitted under section 24(5) after the coming into force of this Schedule.

4 E+W In section 25(1) (authorities subject to investigation) after “applies to” there shall be inserted “the following authorities” and the following shall be inserted after paragraph (b)—

“(ba) the Commission for the New Towns,

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

(bc) the Development Board for Rural Wales,

(bd) any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980,”.

5 (1) Section 26 (matters subject to investigation) shall be amended as follows. E+W

(2) In subsection (2) (complaint not to be entertained unless made through a member of the authority concerned) after “unless” there shall be inserted “it is made in writing to the Local Commissioner specifying the action alleged to constitute maladministration or”.

(3) In subsection (4) (complaint must be made within 12 months of notice of matters complained of, but Commissioner may investigate complaint not so made if he considers there are special circumstances which make it proper to do so) after “unless it was made to” there shall be inserted “the Local Commissioner or” and for “there are special circumstances which make it proper” there shall be substituted “it is reasonable”.

(4) In subsection (7) for “area of the authority concerned” there shall be substituted “following area—

(a) where the complaint relates to the Commission for the New Towns, the area of the new town or towns to which the complaint relates;

(b) where the complaint relates to the Development Board for Rural Wales, the area in Wales for which the Board is for the time being responsible;

(c) in any other case, the area of the authority concerned.”

(5) In subsection (9) (power to exclude from matters not subject to investigation) for “exclude from the provisions of that Schedule” there shall be substituted “add to or exclude from the provisions of that Schedule (as it has effect for the time being)”.

(6) The following shall be inserted after subsection (12)—

“(13) A complaint as regards an authority mentioned in section 25(1)(ba), (bb), (bc) or (bd) above shall not be entertained under this Part of this Act if and so far as it is in respect of anything done before the coming into force of Schedule 3 to the Local Government Act 1988, or in respect of any default or alleged default first arising before its coming into force; and subsection (12) above shall have effect subject to this.”

(7) Sub-paragraph (3) above applies to any complaint made after the coming into force of this Schedule.

6 (1) Section 30 (reports on investigations) shall be amended as follows. E+W

(2) After subsection (4) there shall be inserted—

“(4A) Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require.”

(3) In subsection (5) (not later than one week after receiving report, authority to give public notice of date from which report is available for inspection)—

(a) for “one week” there shall be substituted “two weeks”,

(b) for “the report will be available for inspection as provided by subsection (4)” there shall be substituted “copies of the report will be available as provided by subsections (4) and (4A)”, and

(c) for “after the giving of the public notice” there shall be substituted “not more than one week after the public notice is first given”.

(4) In subsection (7) (Local Commissioner may direct that report shall not be subject to certain provisions) for “and (5) above about its publication” there shall be substituted “, (4A) and (5) above”.

(5) This paragraph applies to any report received by an authority in pursuance of section 30(1)(c) after the coming into force of this Schedule.

7 (1) Section 31 (reports: further provisions) shall be amended as follows. E+W

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

(4) In subsection (3)(b) for “referred to in the report” there shall be substituted “to which the report relates”.

(5) This paragraph applies where any report is made after the coming into force of this Schedule.

Textual Amendments

F146 Sch. 3 paras. 7(2)(3), 15(a) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II Note 3

8 (1) Section 32 (defamation and disclosure) shall be amended as follows. E+W

(2) In subsection (1)(a) after “member” there shall be inserted “or officer”.

(3) In subsection (1)(c) after “public” there shall be inserted “or in supplying a copy under section 30(4A) above”.

(4) This paragraph applies to any publication after the coming into force of this Schedule.

9 (1) In paragraph 4(5) of Schedule 4 (functions of a Local Commissioner, other than that of making a report, may be performed by an officer) the words “, other than that of making any report,” shall be omitted. E+W

(2) This paragraph applies to the making of any report after the coming into force of this Schedule, whether or not the making was begun by a Local Commissioner before the coming into force.

10 E+W The following shall be inserted at the end of Schedule 5 (matters not subject to investigation)—

“6 Action taken by an authority mentioned in section 25(1)(ba), (bb) or (bc) of this Act which is not action in connection with functions in relation to housing.

7 Action taken by an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.”

Local Government (Scotland) Act 1975 (c. 30) S

11 S F147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

12 S F148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

13 S F149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

14 S F150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

15 S F151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

16 S F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

17 S F153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153 Sch. 3 paras. 11-17 repealed (23.10.2002) by The Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 10; S.S.I. 2002/467, art. 2

Section 30.

F154 SCHEDULE 4 S M66 Sections to be Inserted in Part III of Local Government Finance Act 1982

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

Textual Amendments

F154 Sch. 4 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Marginal Citations

M66 1982 c. 32.

Section 31.

SCHEDULE 5 E+W Land Held by Public Bodies

1 E+W Part X of the M67 Local Government, Planning and Land Act 1980 shall be amended as mentioned in the following provisions of this Schedule.

Marginal Citations

M67 1980 c. 65.

Prospective

2 (1) The following shall be inserted after section 96— E+W

“96A Information about entries.

(1) Where land is entered on a register under section 95(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(2) Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation to the land, he shall as soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(3) The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above.

(4) Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body.

(5) If at any time the body becomes aware that any information in the only or latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that the information is inaccurate and give him (so far as they are able) the corrected information.

(6) Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above.”

(2) Section 96A(1) and (2) apply whether the land was entered on the register before or after the coming into force of this paragraph; and in its application to land entered on the register before the coming into force of this paragraph section 96A(1) shall have effect as if for the words “entering the land” there were substituted the words “the coming into force of paragraph 2 of Schedule 5 to the Local Government Act 1988.”

3 E+W The following shall be substituted for section 97 (Secretary of State’s power to require information)—

“97 Secretary of State’s power to require information.

(1) The Secretary of State may direct a body to whom this Part of this Act applies to inform him whether the body or a subsidiary of the body holds a freehold or leasehold interest in land which is specified, or is of a description specified, in the direction.

(2) A body need only comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation.

(3) Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest in land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify.”

4 (1) Section 98 (directions to dispose of land) shall be amended as follows. E+W

(2) After subsection (2) there shall be inserted—

“(2A) A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a) is specified, or is of a description specified, in the direction, and

(b) is at the date the disposal is proposed to be made associated with the body to whom the direction is given.”

(3) After subsection (5) there shall be inserted—

“(6) In subsection (2A) above references to a disposal of an interest include references to a contract to dispose of an interest, and references to making a disposal include references to entering into such a contract.

(7) For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a) he is a member of the body or of a subsidiary of the body, or

(b) he is a nominee of the body or of a subsidiary of the body.

(8) For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a) the other body, or a subsidiary of the other body, is a member of it,

(b) any of its members is also a member of the other body or of a subsidiary of the other body, or

(c) any of its members is a nominee of the other body or of a subsidiary of the other body.

(9) Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has the same meaning as in section 736(1) of the Companies Act 1985.”

(4) No direction may be varied under section 98(3) so as to include provision mentioned in section 98(2A) if the direction sought to be varied was given before the coming into force of this paragraph.

5 (1) Section 99 (directions: supplementary) shall be amended as follows. E+W

(2) After subsection (5) there shall be inserted—

“(5A) The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above.

(5B) The Secretary of State need not give notice under subsection (1) above as regards a further direction varying a previous direction given under section 98 above if—

(a) the variation consists only of one which omits part of the land to which the previous direction relates, or

(b) the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.

(5C) The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—

(a) the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b) the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;

and the words “as proposed” in subsection (3) above shall have effect accordingly.

(5D) The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being specified in that subsection by virtue of an order under this subsection.

(5E) No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.”

(3) In subsection (6)(b) for “section” there shall be substituted “subsection”.

(4) In subsection (7) after “subsection” there shall be inserted “(5D) or”.

(5) Section 99(5A) and (5B) apply whether the previous direction was given before or after the coming into force of this paragraph; and section 99(5C) applies whether the notice was given before or after the coming into force of this paragraph.

6 E+W The following shall be inserted after section 99—

“99A Power of entry.

(1) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land.

(2) A person may not enter land under this section unless, at the time of the authorisation under subsection (1) above, at the time of the entry, and at all times between the authorisation and the entry, the land is entered on a register maintained under section 95 above.

(3) A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry has been given to every person who is an owner or occupier.

(4) In this section “owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.”

Section 32.

[F155 SCHEDULE 6 S Direct Labour Organisations]

Textual Amendments

F155 Sch. 6 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

Local Government, Planning and Land Act 1980 (c. 65) E+W+S

[F156 1 S Part III of the Local Government, Planning and Land Act 1980 shall be amended as mentioned in paragraphs 2 to 10 below.]

Textual Amendments

F156 Sch. 6 para. 1 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F157 2 (1) Section 7 (limitations on power to enter into works contracts) shall be amended as follows. S

(2) In subsection (1) after “works contract” (in each place) there shall be inserted “under which they are to carry out work”.

(3) After subsection (1) there shall be inserted—

“(1A) A local authority may not enter into a works contract under which they are to carry out work unless the competition condition is fulfilled, that is, the other party to the contract, in entering into it and doing anything else in connection with it before entering into it, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

(1B) Subsection (1A) above shall not prevent the local authority from entering into the contract unless, at the time it is proposed to be entered into, they are aware of the failure to fulfil the competition condition.”

(4) At the end of subsection (3)(c) there shall be added “who are not, or include at least three persons who are not, local authorities or development bodies”.]

Textual Amendments

F157 Sch. 6 para. 2 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F158 3 (1) Section 9 (regulation of functional work) shall be amended as follows. S

(2) In subsection (4)(a) for “included in a list maintained by them” there shall be substituted “who are not, or include at least three persons who are not, local authorities or development bodies and who are included in a list maintained by the authority or body seeking to undertake the work”.

(3) After subsection (4)(a) there shall be inserted—

“(aa) that they have included in the invitation prescribed matters (which may relate to the time allowed for responding, the method of responding, or otherwise); and

(aaa) that they have complied with prescribed requirements as to responses (which may include requirements to disregard certain responses, requirements about the keeping or opening of responses, or otherwise); and

(aaaa) that, in reaching the decision that they should undertake the work and in doing anything else in connection with the work before reaching the decision, they have not acted in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition; and”.

(4) After subsection (4)(b) there shall be inserted “; and “prescribed” in paragraphs (aa) and (aaa) above means prescribed by regulations made by the Secretary of State.”

(5) After subsection (5) there shall be inserted—

“(5A) Regulations under subsection (3)(a) above may provide that the conditions in subsection (4)(aa) and (aaa) above are not to apply if the work falling within a description specified by the regulations satisfies such criteria as are so specified.”

(6) In subsection (6) for “conditions specified in subsection (4)” there shall be substituted “condition specified in subsection (4)(a)”.]

Textual Amendments

F158 Sch. 6 para. 3 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F159 4 S In section 10 (accounts) in subsection (3) after paragraph (b) there shall be inserted “; and

(c) the maintenance of street lighting.”]

Textual Amendments

F159 Sch. 6 para. 4 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F160 5 (1) Section 13 (annual balance sheet etc.) shall be amended as follows. S

(2) Subsection (2)(a) and subsection (3) shall be omitted.

(3) After subsection (5) there shall be inserted—

“(5A) A revenue account must be expressed in such form as the Secretary of State may specify in writing.”]

Textual Amendments

F160 Sch. 6 para. 5 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), Sch. 2(1), Note

[F161 6 S In section 16 (general financial duty: treatment of deficits) subsection (4) shall be omitted.]

Textual Amendments

F161 Sch. 6 para. 6 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F162 7 S Section 17 (rates of return: powers of Secretary of State) shall be omitted.]

Textual Amendments

F162 Sch. 6 para. 7 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F163 8 (1) Section 18 (annual reports) shall be amended as follows. S

(2) After subsection (1) there shall be inserted—

“(1A) A report under this section must include—

(a) a statement identifying such (if any) of the work undertaken as falls within construction or maintenance work by virtue of a decision under section 20(5) below; and

(b) a copy of each of the documents which it is required to prepare in accordance with section 13(1) above.”

(3) After subsection (2) there shall be inserted—

“(2A) A local authority or development body who have prepared a report under this section shall send a copy to the Secretary of State and to their auditor not later than 31st October in the financial year following that to which the report relates.

(2B) Where a local authority’s or development body’s auditor has been sent a copy of a report in accordance with subsection (2A) above, he shall consider the statement of rate of return a copy of which is contained in the report by virtue of subsection (1A)(b) above, and shall give his written opinion on the statement to the authority or body concerned and to the Secretary of State.”

(4) At the end of the section there shall be added—

“(5) For the purposes of subsections (2A) and (2B) above a local authority’s or development body’s auditor is the person who under any enactment is appointed, for the financial year for which the report is prepared, to audit the accounts of the authority or body.”]

Textual Amendments

F163 Sch. 6 para. 8 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F164 9 S After section 19 there shall be inserted—

“ Sanctions S

19A Notice for purpose of getting information.

(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—

(a) under a contract they have entered into 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(1) to (3) 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 not 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.

19B Power to give directions.

(1) Where—

(a) the Secretary of State has served a 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 Secretary 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 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 subsection (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 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.

(6) The power to give a direction under this section shall be exercised in writing.

(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

F164 Sch. 6 para. 9 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

[F165 10 (1) Section 20 (interpretation) shall be amended as follows. S

(2) In subsection (1) after paragraph (b) of the definition of “construction or maintenance work” there shall be inserted “and

(c) the maintenance of street lighting;”.

(3) In subsection (1), in paragraph (a) of the definition of “development body”, sub-paragraph (iii) and the word “and” at the end of sub-paragraph (ii) shall be omitted.

(4) In subsection (1) for paragraph (a) of the definition of “local authority” there shall be substituted—

“(a) in relation to England and Wales—

(i) a county council, a district council, a London borough council, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985 or the Council of the Isles of Scilly, or

(ii) The Common Council of the City of London in its capacity as local authority or police authority;”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

(6) After subsection (4) there shall be inserted—

“(5) If a local authority or development body undertake work which (apart from this subsection) would not fall within construction or maintenance work, and which in their opinion cannot be undertaken efficiently separately from construction or maintenance work, the work shall (if they so decide) be treated as falling within construction or maintenance work.

(6) In section 10(3)(c) above and in subsection (1) above, in paragraph (c) of the definition of “construction or maintenance work”, “street” (except in relation to Scotland) has the meaning given by section 329(1) of the Highways Act 1980 and (in relation to Scotland) means a road as defined in section 25(3) of the Local Government and Planning (Scotland) Act 1982.

(7) Nothing in sections 19A and 19B above shall prejudice any remedy available to a person (apart from those sections) in respect of a failure to observe a provision of this Part of this Act.”]

Textual Amendments

F165 Sch. 6 para. 10 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

F166 Sch. 6 para. 10(5) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

Local Government (Scotland) Act 1975 (c. 30) E+W+S

[F167 11 (1) Schedule 3 to the Local Government (Scotland) Act 1975 shall be amended as follows. E+W+S

(2) In paragraph 22(1) (local authority funds)—

(a) for “either or both” there shall be substituted “any”, F168 . . .]

Textual Amendments

F167 Sch. 6 para. 11 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27 of the amending Act) by 1999 c. 27, ss. 21(1)(c), 34, Sch. 2(1), Note

F168 Words in Sch. 6 para. 11 repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1995/702, art. 3, Sch. 1

Section 41.

SCHEDULE 7 E+W+S Repeals

Part I E+W+S Public Supply or Works Contracts

Chapter	Short title	Extent of repeal
1985 c. 68.	Housing Act 1985.	Section 52(a).
1987 c. 26.	Housing (Scotland) Act 1987.	Section 337.

These repeals shall have effect in accordance with section 23 of this Act.

Part II E+W+S Local Government Administration

Chapter	Short title	Extent of repeal
1974 c. 7.	Local Government Act 1974.	In Schedule 4, in paragraph 4(5) the words “, other than that of making any report,”.
1975 c. 30.	Local Government (Scotland) Act 1975.	In section 28(7) the words “about its publication”.
		In Schedule 4, in paragraph 4(3) the words “, other than that of making any report,”.

These repeals shall have effect in accordance with section 29 of and Schedule 3 to this Act.

Part III E+W+S Direct Labour Organisations

Chapter	Short title	Extent of repeal
1980 c. 65.	Local Government, Planning and Land Act 1980.	In section 13, subsections (2)(a) and (3).
		In section 16, subsections (4) to (6).
		Section 17.
		In section 19, in subsection (1) the words “other than the reference in section 16(4)(b) above”, and subsections (3) and (4).
		In section 20, in subsection (1), in paragraph (a) of the definition of “development body”, sub-paragraph (iii) and the word “and” at the end of sub-paragraph (ii).

These repeals shall have effect as provided by order under section 32 of this Act.

Part IV E+W+S Dog Licences

Chapter	Short title	Extent of repeal
23 & 24 Geo. 5 c. 17.	Protection of Animals (Cruelty to Dogs) Act 1933.	In section 1(1), the words “and for holding or obtaining a dog licence”.
		Section 1(3).
		In section 1(4), the words “or applies for or obtains a dog licence”.
		In section 2, the words “and for holding and obtaining a dog licence”.Section 3.
24 & 25 Geo. 5 c. 25.	Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934.	In section 1(1), the words “and for holding or obtaining a dog licence”.
		Section 1(3).
		In section 1(4), the words “or applies for or obtains a dog licence”.
		In section 2, the words “and for holding or obtaining a dog licence”.
		Section 3.
7 & 8 Eliz. 2 c. 55.	Dog Licences Act 1959.	The whole Act.
1966 c. 42.	Local Government Act 1966.	Section 36.
		In section 40(3), the words “or 36”.
		In Schedule 3, in Part II, the entry relating to the Dog Licences Act 1959.
1966 c. 51.	Local Government (Scotland) Act 1966.	Section 43.
		In Schedule 4, in Part II, the entry relating to the Dog Licences Act 1959.
1969 c. 48.	Post Office Act 1969.	Section 12(2)(a).
		In section 134, in subsection (1), the words “for dogs”, “in Great Britain”, “thereon and so,” and
		“shall licences” and in subsection (2) the words “in Great Britain”.
		In section 135(1)(a), the words “licences for dogs.”
1972 c. 70.	Local Government Act 1972.	Section 213(1)(c).
1973 c. 65.	Local Government (Scotland) Act 1973.	In Schedule 27, paragraph 165.

These repeals shall have effect at the end of the period of 2 months beginning with the day on which this Act is passed.