Local Government Act 1988

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 M1 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

M1 1986 c. 10.

F1 28 Prohibition on promoting homosexuality by teaching or by publishing material. E+W+S

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Textual Amendments

F1 S. 28 repealed: (S.) (29.3.2001) by 2000 asp 7, s. 36(1), Sch. 4 (with s. 31); S.S.I. 2001/113, art. 2(c)(d); and (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(ii), Sch. 8 Pt. 1

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.

F2 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 30 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5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.

F3 32 Direct labour organisations. S

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Textual Amendments

F3 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; and (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(f), 62(2); S.S.I. 2003/134, art. 2(1), sch.

F4 33 Local authority companies. E+W+S

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Textual Amendments

F4 S. 33 repealed: (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(f), 62(2); S.S.I. 2003/134, art. 2(1), sch.; and (E.W.) (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 8, Sch. 8 Pt. 1; S.I. 2003/2938, art. 3(a)(i)(ii) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. 1

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

(1) In section 45(2) of the M2 Local Government (Miscellaneous Provisions) Act 1982 (local authorities having power to enter into arrangements under M3 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

M2 1982 c. 30.

M3 1973 c. 50.

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

(1) The M4 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

M4 1973 c. 65.

F5 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 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.

F6 38 Abolition of duty on dog licences. E+W+S

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Textual Amendments

F6 S. 38 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 1

39 Control of stray dogs. E+W

(1) The M5 Dogs Act 1906 shall be amended in accordance with the provisions of this section.

F7 (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.”

F7 (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

F7 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

M5 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.