Local Government and Housing Act 1989

in subsection (1)(a) (paid office holders and employees), the words “joint board, joint authority or” shall be omitted; and

in subsection (6) (extension of meaning of “local authority”), after the word “includes” there shall be inserted “ a joint board and ”.

in subsection (1)(a)(ii), the words “or joint board” shall be omitted; and

the person designated under section 4 below as the head of the authority’s paid service;

the statutory chief officers;

a non-statutory chief officer;

a deputy chief officer;

the monitoring officer designated under section 5 below;

any person holding a post to which he was appointed in pursuance of section 9 below; and

any person not falling within paragraphs (a) to (f) above whose post is for the time being specified by the authority in a list maintained in accordance with subsection (2) below and any directions under section 3 below or with section 100G(2) of the M4Local Government Act 1972 or section 50G(2) of the M5Local Government (Scotland) Act 1973 (list of officers to whom powers are delegated).

the full time posts the annual rate of remuneration in respect of which is or exceeds £19,500 or such higher amount as may be specified in or determined under regulations made by the Secretary of State;

the part time posts the annual rate of remuneration in respect of which would be or exceed that amount if they were full time posts in respect of which remuneration were paid at the same rate as for the part time post; and

posts not falling within paragraph (a) or (b) above the duties of which appear to the authority to fall within subsection (3) below,

giving advice on a regular basis to the authority themselves, to any committee or sub-committee of the authority or to any joint committee on which the authority are representedF1 or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority;

speaking on behalf of the authority on a regular basis to journalists or broadcasters.

the chief education officer F2or director of education appointed under F3section 532 of the Education Act 1996F2or section 78 of the M8Education (Scotland) Act 1980;

F4the chief officer of a fire brigade maintained under the M9Fire Services Act 1947 and appointed under regulations made under section 18(1)(a) of that Act;

the director of social services or F5chief social work officer appointed under section 6 of the M10Local Authority Social Services Act 1970 or section 3 of the M11Social Work (Scotland) Act 1968; and

the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the M12Local Government Act 1985, section 112 of the M13Local Government Finance Act 1988 F6, section 127(2) of the Greater London Authority Act 1999 or section 6 below or for the purposes of section 95 of the M14Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs.

a person for whom the head of the authority’s paid service is directly responsible;

a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the head of the authority’s paid service; and

any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the local authority themselves or any committee or sub-committee of the authority.

the post of head teacher or principal of a school, college or other educational institution or establishment which, in England and Wales, is maintained or assisted by a local education authority or, in Scotland, is under the management of or is assisted by an education authority; or

any other post as a teacher or lecturer in any such school, college, institution or establishment,

to carry out the functions in relation to political restriction which are conferred by subsections (2) to (7) below; and

to give such general advice with respect to the determination of questions arising by virtue of section 2(3) above as that person considers appropriate after consulting such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.

shall consider any application for exemption from political restrictionwhich is made to him, in respect of any post under a local authority, by the holder for the time being of that post; and

may, on the application of any person or otherwise, give directions to a local authority requiring it to include a post in the list maintained by the authority under section 2(2) above.

the authority have specified or are proposing to specify the post in the list maintained by the authority under subsection (2) of section 2 above; and

in the case of a post falling within paragraph (a) or (b) of that subsection, the authority have certified whether or not, in their opinion, the duties of the post fall within subsection (3) of that section;

that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

that, accordingly, the post is not to be specified in the list maintained by that authority under section 2(2) above or, as the case may be, is to be removed from that list.

is a post the duties of which fall within section 2(3) above; and

is neither included in any list maintained by the authority in accordance with section 2(2) above, section 100G(2) of the M15Local Government Act 1972 or section 50G(2) of the M16Local Government (Scotland) Act 1973 nor of a description specified in any regulations under section 2(2) above.

to give a person appointed under subsection (1) above all such information as that person may reasonably require for the purpose of carrying out his functions under this section;

to comply with any direction under this section with respect to the list maintained by the authority; and

on being given a direction by virtue of subsection (2)(b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.

appoint different persons under subsection (1) above for England and for Wales;

provide for the appointment of such numbers of staff to assist any person appointed under that subsection, and to act on that person’s behalf, as the Secretary of State may with the consent of the Treasury determine;

pay to or in respect of a person appointed under that subsection andmembers of such a person’s staff such remuneration and such other sums by way of, or towards, the payment of pensions, allowances and gratuities as the Secretary of State may so determine; and

provide for a person appointed under that subsection and such a person’s staff to hold office on such other terms as the Secretary of State may so determine.

to designate one of their officers as the head of their paid service; and

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.

the manner in which the discharge by the authority of their different functions is co-ordinated;

the number and grades of staff required by the authority for the discharge of their functions;

the organisation of the authority’s staff; and

the appointment and proper management of the authority’s staff.

in relation to England and Wales, means a local authority of any of thedescriptions specified in paragraphs (a) to (e) of section 21(1) below; and

in relation to Scotland, F8council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section F9and, where relevant, section 5A below; and

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties F10and, where relevant, the duties under section 5A below to be performed;

a county council,

a county borough council,

a district council,

a London borough council,

the Greater London Authority, and

the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.

a contravention by the authority, by any committee, F17or sub-committee of the authority, by any person holding any office or employment under the authority or by any such joint committee of any enactment or rule of law F18or of any code of practice made or approved by or under any enactment; or

any such maladministration or injustice as is mentioned in Part III of the M19Local Government Act 1974 (Local Commissioners) or Part II of the M20Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland),

in preparing a report under this section to consult so far as practicable with the F21person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and

as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority F22and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any local fisheries committee the members of which include persons so appointed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any sub-committee appointed by a committee falling within paragraphs (a) to (c) above;

to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority or committee; and

without prejudice to any duty imposed by virtue of section 115 of the M22Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;

in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to F29(k) of section 21(1) below; and

in relation to Scotland, means a local authority.

a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or

any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 F32 (Local Commissioners).

in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and

as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority and, where the authority has a mayor and council manager executive, the council manager.

to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and

without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.

what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;

what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and

the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.

make arrangements for the proper administration of such of its financial affairs as relate to it in its capacity as a local authority, police authority or port health authority, and

secure that one of its officers has responsibility for the administration of those affairs.

be a member of one or more of the bodies specified in subsection (5)below; or

be the person who immediately before that day was the chamberlain of the City of London; or

be a person who qualifies by virtue of section 113(2)(b) of the M28Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned in section 111(2)(a) to (k) of that Act; or

fulfil two or more of those conditions.

be a member of one or more of the bodies specified in subsection (5)below; or

be the person who immediately before that day had responsibility for the administration of the financial affairs of the body concerned under the said section 73; or

be a person who qualifies by virtue of section 113(2)(b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned insection 111(2)(a) to (k) of that Act; or

fulfil two or more of those conditions.

the Institute of Chartered Accountants in England and Wales;

the Institute of Chartered Accountants of Scotland;

the Chartered Association of Certified Accountants;

the Chartered Institute of Public Finance and Accountancy;

the Institute of Chartered Accountants in Ireland;

the Chartered Institute of Management Accountants;

any other body of accountants established in the United Kingdom and forthe time being approved by the Secretary of State for the purposes of this section.

modifications to confine the provisions to the Common Council in its capacity as a local authority, police authority or port health authority; and

any other modifications the Secretary of State thinks fit;

a local authority or parish or community council in England and Wales, or

a local authority in Scotland,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34section 18 of the M32Fire Services Act 1947 (regulations as to appointment etc. of chief officers and fire brigades);

section 7 of the M33Sex Discrimination Act 1975 (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification);

section 5 of the M34Race Relations Act 1976 (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification); F35. . .

section 113 of the M35Local Government Finance Act 1988 and section 6 above (qualifications of officers responsible for administration of financial affairs of certain authorities) F36; and.

F37sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).

F37sections 4, 4A, 4D and 4E of the Disability Discrimination Act 1995 (discrimination and duties to make adjustments in relation to employees and office-holders).

to incorporate such provision as may be prescribed by the regulations instanding orders relating to their staff; and

to make or refrain from making such other modifications of any such standing orders as may be so prescribed.

the appointment of persons to paid office or employment under the authority; or

the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.

so to restrict the manner of exercising the power to take steps for or towards the selection of candidates for interview, or for appointment, as to make it exercisable only by the authority themselves, by a committee orsub-committee of the authority or by particular officers of the authority;

to require the monitoring officer of the authority to prepare a report tothe authority in respect of every proposed appointment of a person to a politically restricted post;

to prohibit the authority or any committee, sub-committee or other person acting on their behalf from dismissing or taking other disciplinary action against a person holding office or employment under the authority except in accordance with recommendations contained in a report made to the authority by an independent person of such a description as is prescribed by the regulations.

provision which, for the purposes of any such restriction as is mentioned in subsection (3) above, makes modifications of any enactment with respect to the delegation of a relevant authority’s functions;

provision which (with or without modifications) applies provisions of section 5 above in relation to any report prepared in consequence of regulations made by virtue of subsection (3)(c) above;

in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (e) of section 21(1) below; and

in relation to Scotland, means a F40council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

the appointment is made for the purpose of providing assistance, in the discharge of any of their functions as members of a relevant authority, to the members of any political group to which members of the authority belong;

the terms of the appointment comply with subsection (3) below;

the appointment is to one of not more than three posts which a relevant authority have decided to create for the purposes of this section; and

each of those posts falls, under the standing orders of the authority, to be filled from time to time in accordance with the wishes of a political group to which the post has been allocated under those standing orders.

in the case of a post under an authority in England and Wales, the day in the appropriate year on which the authority hold the meeting which they are required to hold in pursuance of paragraph 1 of Part I of Schedule 12 to the M36Local Government Act 1972 (annual meeting of principal councils); and

in the case of a post under an authority in Scotland, the first day after the appointment on which a meeting is held in pursuance of the requirement under paragraph 1 of Schedule 7 to the M37Local Government (Scotland) Act 1973 that a meeting is held within twenty-one days from the date of an election.

is less than £13,500 or such higher amount as the Secretary of State may by order made by statutory instrument specify; and

where that post is a part time post, would be less than that amount if it were a full time post and carried remuneration at the same rate;

prohibit the making of an appointment to any post allocated to a political group until the authority have allocated a post to each of the groups which qualify for one;

prohibit the allocation of a post to a political group which does not qualify for one; and

prohibit the allocation of more than one post to any one political group.

the membership of that group comprises at least one-tenth of the membership of the authority;

the number of the other groups (if any) which are larger than that group does not exceed two; and

where the number of the other groups which are the same size as or larger than that group exceeds two, the authority have determined that that group should be a group to which a post is allocated;

the groups qualifying for a post shall be that group and one other group;and

the other group shall be the one with the next largest membership or, in a case in which there is more than one group with the next largest membership, such one of those groups as may be determined by the authority;

section 101 of the M38Local Government Act 1972 (delegation); or

section 56 of F41, or Schedule 10 or 20 to, the M39Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland),F42; or

Part II of the Local Government Act 2000 (arrangements with respect to executives etc.)

sections 14 to 18 of the Local Government Act 2000 (discharge of functions); or

section 101(5) of the Local Government Act 1972 (arrangements for the discharge of functions by local authorities),

as to the circumstances in which the members of a relevant authority areto be treated as divided into different political groups;

as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such a group;

requiring the question whether a person is or is not a member of apolitical group to be determined in such manner as may be provided for by or under the regulations;

requiring a relevant authority from time to time to review allocations made for the purposes of this section;

specifying the manner in which, and times at which, the wishes of a political group are to be expressed and the consequences of a failure by such a group to express its wishes;

a local authority permit an employee of theirs to take time off for the purpose of performing the duties of a member of a relevant council; and

those duties do not include the duties of chairman of the council,

to inspect so much of any document as contains personal information about a member of the relevant body’s staff; or

to require any such information to be disclosed in answer to any question.

that that individual holds or has held any office or employment under that body; or

that payments or other benefits in respect of any office or employment under any other person are or have been made or provided to that individual by that body.

the inspection of, or of documents relating to, accounts for periods beginning on or after 1st April 1990; and

the disclosure of information in answer to questions about such accounts.

a person who is both a member of the authority and in such employment; or

a person who is both a member of the authority and an official or employeeof a trade union whose members include persons in local authority employment.

is a member of a committee appointed under a power to which this section applies by a relevant authority and is not a member of that authority;

is a member of a joint committee appointed under such a power by two or more relevant authorities and is not a member of any of those authorities; or

is a member of a sub-committee appointed under such a power by such acommittee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,

the powers conferred on any relevant authority by subsection (1) of section 102 of the M47Local Government Act 1972 (ordinary committees, joint committees and sub-committees);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the powers exercisable by any relevant authority for the purposes of section 2 of the M48Local Authority Social Services Act 1970 (social services committees) or by virtue of section 4 of that Act (joint social services committees and sub-committees).

in the case of a sub-committee appointed by a committee falling within paragraph (e) of that subsection; and

in such cases as may be prescribed by regulations made by the Secretary of State,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a local fisheries committee for any sea fisheries district;

a committee established in accordance with any regulations made by virtue of section 7 of the M49Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a committee appointed under section 102(4) of the Local Government Act 1972 (appointment of advisory committees by local authorities);

a committee constituted in accordance with F58Part I of Schedule 33 to the Education Act 1996 (constitution of appeal committees for admission appeals etc.);

a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;

a sub-committee appointed by a committee falling within any of F59paragraphs (b) to (g) above or such a sub-committee as is so prescribed.

any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

that local authority have a mayor and council manager executive F64; and

the joint committee or the sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of that executive.

is a member of a committee appointed under subsection (1) of section 57of the M51Local Government (Scotland) Act 1973 by a relevant authority and is not a member of that authority;

is a member of a joint committee appointed under that subsection by two or more relevant authorities and is not a member of any of those authorities; or

is a member of a sub-committee appointed under that subsection by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,

in the case of a sub-committee appointed by a committee falling within paragraph (b) of that subsection; and

in such cases as may be prescribed by regulations made by the Secretary of State,

a committee established in accordance with any regulations made by virtue of section 7 of the M52Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

a committee appointed under section 57(4) of the M53Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);

a committee constituted in accordance with Schedule A1 to the M54Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);

a Children’s Panel Advisory Committee formed under paragraph 3, or a joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;

a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;

a sub-committee appointed by a committee falling within any of paragraphs (a) to (e) above or such a sub-committee as is so prescribed.

a committee such as is mentioned in subsection (1) of section 124 of the M55Local Government (Scotland) Act 1973 (committees appointed by education authority); or

a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or

any sub-committee of such a committee or joint committee,

in section 57(3), the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities);

section 124(5);

in section 161(6), the words from “but at least” onwards (which make corresponding provision in relation to a social work committee);

in Schedule 10, paragraph 11 (which requires at least half of a joint education committee to be members of the appointing authorities);

in Schedule 20, paragraph 10 (which requires at least two-thirds of a joint social work committee to be members of the appointing authorities),

where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time;

where the authority hold annual meetings in pursuance of paragraph 1 of Part I of Schedule 12 to the M56Local Government Act 1972 (annual meeting of principal councils) and the members of the authority are divided into different political groups at the time of any such meeting, at or as soon as practicable after the meeting;

where, at the time of the meeting required by paragraph 1 of Schedule 7 to the M57Local Government (Scotland) Act 1973 to be held in an election year within twenty-one days of the election, the members of the authority are divided into different political groups, at or as soon as practicable after the meeting;

as soon as practicable after any such division as is mentioned in paragraphs (a) to (c) above occurs; and

at such other times as may be prescribed by regulations made by the Secretary of State.

where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time; and

as soon as practicable after any occasion on which the members of the committee are changed in consequence of a determination under this section.

in performing their duty under subsection (3) above; and

in exercising their power, at times not mentioned in subsection (3) above, to determine the allocation to different political groups of seats on a body to which this section applies,

that not all the seats on the body are allocated to the same political group;

that the majority of the seats on the body is allocated to a particular political group if the number of persons belonging to that group is a majority of the authority’s membership;

subject to paragraphs (a) and (b) above, that the number of seats on the ordinary committees of a relevant authority which are allocated to each political group bears the same proportion to the total of all the seats on the ordinary committees of that authority as is borne by the number of members of that group to the membership of the authority; and

subject to paragraphs (a) to (c) above, that the number of the seats on the body which are allocated to each political group bears the same proportion to the number of all the seats on that body as is borne by the number of members of that group to the membership of the authority.

that authority or committee shall, in making that determination, disregard for all other purposes any seats which, in accordance with any such provision, the said subsection (6) or otherwise, are to be or may be so filled;

as soon as practicable after the determination; and

if a vacancy subsequently occurs on that body, as soon as practicable after the occurrence of the vacancy,

any person has been appointed, otherwise than for a fixed term, to a body to which section 15 above applies; and

that appointment was made, in pursuance of subsection (1) above, in accordance with the wishes of a political group,

in such manner as may be prescribed by regulations made by the Secretary of State; and

without any member of the authority or committee voting against them.

a basic allowance for every member of the authority who is a councillor;

an attendance allowance in relation to the carrying out by any such member of such duties as may be specified in or determined under the regulations; and

a special responsibility allowance for any such member who has such special responsibilities in relation to the authority as may be so specified or determined.

are necessarily sustained or incurred in the carrying out, in connection with their membership of the authority or any committee or sub-committee of the authority, of duties specified in or determined under the regulations; and

are not of a description in respect of which provision is made for an allowance under any of sections 174 to 176 of the Local Government Act 1972 or sections 46 to 48 of the Local Government (Scotland) Act 1973.

to make it a condition of any payment by way of allowance that, in the financial year to which the payment would relate, the aggregate amount which the authority has paid out or is already liable to pay out under the scheme does not exceed such maximum amount as may be specified in or determined under the regulations;

to make provision for different maximum amounts to be applicable, for the purposes of any such condition, in relation to different allowances or in relation to different members or members of different groups;

to make provision in relation to claims which cannot be paid by virtue of any such condition and provision for the payment to members of the authority who are councillors of an amount by way of supplement to the basic allowance where, in any financial year, the aggregate paid out or owing under the scheme is less than an amount specified in or determined under the regulations;

to provide that the amount authorised by virtue of subsection (2) above to be paid by way of allowance in any case shall not exceed such amount as may be so specified or determined;

to contain such provision as may be so specified or determined with respect to the general administration of the scheme, with respect to the manner in which, time within which and forms on which claims for any allowance are to be made and with respect to the information to be provided in support of any such claim;

to contain such provision as may be so specified or determined for avoiding the duplication of payments or of allowances, for determining the bodies by which payments of allowances are to be made and for the apportionment of payments between different bodies.

enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,

treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.

with respect to the number of persons who may or must be appointed to the panel of a council,

with respect to the persons who may or must be appointed to the panel of a council,

for or in connection with the appointment by councils of joint panels.

with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,

with respect to the persons who may or must be appointed to such a panel.

for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,

for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,

which permits different recommendations to be made in relation to different councils or descriptions of council.

prohibit the payment, otherwise than in accordance with sections 174 to176 of the Local Government Act 1972 or sections 46 to 48 of the Local Government (Scotland) Act 1973 or in such other cases as may be specified in the regulations, of any allowance to a member of a relevant authority who is a councillor or to any appointed member of a relevant authority;

impose requirements on a relevant authority with respect to the publication, in the minutes of that authority or otherwise, of the details of amounts paid in pursuance of a scheme made under the regulations;

make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and

contain such incidental provision and such supplemental, consequential and transitional provision in connection with the other provisions of the regulations as the Secretary of State considers appropriate.

a local authority of any of the descriptions specified in any of the paragraphs of section 21(1) below, other than F82paragraphs (d), (g) and (j), or insection 21(2) below;

any body on which a body which is a relevant authority by virtue of paragraph (a) above is represented and which is designated as a relevant authority for the purposes of this section by regulations made by the Secretary of State; or

any appeal committee so designated which is constituted in accordance with F83paragraph 2 or 3 of Schedule 33 to the Education Act 1996;

to give a general notice to the proper officer of the authority setting out such information about the member’s direct and indirect pecuniary interests as may be prescribed by the regulations, or stating that he has no such interests; and

from time to time to give to that officer such further notices as may be so prescribed for the purpose of enabling that officer to keep the information provided under the regulations up to date.

without reasonable excuse fails to comply with the requirements of any regulations under this section; or

in giving a notice in compliance with any such requirement, provides information which he knows to be false or misleading in a material particular or recklessly provides information which is false or misleading in a material particular,

that the giving of a notice in pursuance of any such regulations shall be deemed to be sufficient disclosure for the purposes of section 94 of the said Act of 1972 (disability of members of authorities for voting on account of interest in contracts etc.) or for the purposes of section 38 of the said Act of 1973; and

that the proper officer of a local authority is to maintain such records of the information contained in notices given to him as may be prescribed by the regulations and is to keep those records open to inspection by members of the public.

in the case of a local authority in England and Wales, under section 94 of the Local Government Act 1972; or

in the case of a local authority in Scotland, under section 38 of the Local Government (Scotland) Act 1973,

to incorporate such provision as may be prescribed by the regulations in standing orders for regulating their proceedings and business; and

to make or refrain from making such other modifications of any such standing orders as may be so prescribed.

to requisition meetings of the authority or of any of their committees or sub-committees;

to require a decision of a committee or sub-committee of the authority to be referred to and reviewed by the authority themselves or by a committee of the authority;

to require that a vote with respect to a matter falling to be decided by the authority or by any of their committees or sub-committees is to be taken in a particular manner.

in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (j) of section 21(1) below or any parish or community council; and

in relation to Scotland, means a local authority.

houses and other buildings which have been provided under Part II of the M91Housing Act 1985 (provision of housing);

land which has been acquired or appropriated for the purposes of thatPart;

houses purchased under section 192 of that Act (purchase of house foundon appeal against repair notice to be unfit and beyond repair at reasonable cost);

dwellings in respect of which a local authority have received assistance under section 1 or section 4(2A) of the M92Housing (RuralWorkers) Act 1926;

such land, houses or other buildings not within the preceding paragraphsas the Secretary of State may direct.

land which a local authority were deemed to have acquired under Part V of the M94Housing Act 1957 by virtue of section 57(6) of that Act (land acquired for re-development in pursuance of re-development plan) before the repeal of that section on 25th August 1969; and

any structures on such land which were made available to a local authority under section 1 of the M95Housing (Temporary Accommodation) Act 1944 (prefabs).

land, houses or other buildings disposed of by the authority;

land acquired by the authority for the purpose of disposing of houses provided, or to be provided, on the land, or of disposing of the land to a person who intends to provide housing accommodation on it F131or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided;

houses provided by the authority on land so acquired; or

such land, houses or other buildings as the Secretary of State may direct;

references to the houses or other property of an authority within the authority’s Housing Revenue Account are references to the houses, dwellings or other property to which subsection (1) above for the time being applies;and

references (however expressed) to a disposal are references to a conveyance of the freehold, or a grant or assignment of a lease (other than a shared ownership lease) which is a long tenancy within the meaning given by section 115 of the M96Housing Act 1985.

the income of the authority for the year from rents and other charges in respect of houses and other property within their Housing Revenue Account;

the expenditure of the authority for the year in respect of the repair,maintenance, supervision and management of such property; and

such other matters connected with the exercise of the authority’s functions in relation to such property as the Secretary of State may direct.

the best assumptions that they are able to make at that time as to all matters which may affect the amounts falling to be credited or debited to their Housing Revenue Account for the relevant year; and

the best estimates that they are able to make at that time of the amounts which, on those assumptions, will fall to be so credited or debited,

termine that question in the affirmative, they may make such revisions of the proposals as they think fit, so long as the proposals (as so revised) continue to satisfy those requirements;

if they determine that question in the negative, they shall make such revisions of the proposals as are reasonably practicable towards securing that the proposals (as so revised) satisfy those requirements.

those proposals as so formulated or so revised;

the estimates made by them under subsection (3)(b) above on the basis of which those proposals were so formulated or so revised; and

such other particulars relating to those proposals and estimates as the Secretary of State may direct;

sums transferred for the year from their Housing Revenue Account; and

sums receivable by the authority for the year in connection with the repair or maintenance of houses or other property within their Housing Revenue Account (either from their tenants or from the sale of scrapped or salvaged materials).

all expenditure incurred by them for the year in connection with therepair or maintenance of houses or other property within their Housing Revenue Account;

such expenditure incurred by them for the year in connection with the improvement or replacement of houses or other property within their Housing Revenue Account as may from time to time be determined by the Secretary of State; and

sums transferred for the year to the Housing Revenue Account in accordance with subsection (5) below.

to secure that the amount debited to the Housing Revenue Account or any Housing Repairs Account of the authority in respect of the work reflects the amount of the authority’s successful bid for the work rather than expenditure actually incurred;

allowing an authority to credit to its Housing Revenue Account any surpluses reasonably attributable to work undertaken on or in connection with property within that account.

in such instalments, at such times and in such manner, and

subject to such conditions as to claims, records, certificates, supply of Housing Revenue Account business plans, audit or otherwise,

provide for all or part of the amount to be calculated in accordance with a formula or formulae;

have the effect that the amount, or part of the amount, is nil or a negative amount;

make different provision for different parts of the amount.

any amounts which fall to be or were credited or debited to the authority’s Housing Revenue Account for that year or any previous year;

any amounts which, on such assumptions as the F138appropriate person may determine (whether or not borne out or likely to be borne out by events), would fall to be or would have been so credited or debited; and

such other matters relating to the authority, or to (or to tenants of) houses and other property which are or have been within the account, as he thinks fit;

by taking the amount which the F140appropriate person considers (having regard, amongst other things, to past and expected movements in incomes, costs and prices) should be or should have been the aggregate amount for that year of the rental incomes or, as the case may be, the housing expenditure of all of the authorities (or all of the authorities in England or Wales) taken together; and

by apportioning that amount between them in such manner as the F140appropriate person considers appropriate (which may involve, if he thinks fit, inferring the aggregate values of the houses and other property within their respective Housing Revenue Accounts from the average values of any of the houses and other property which they have disposed of);

the authority shall for that year debit the equivalent positive amount to their Housing Revenue Account, and

pay that equivalent amount to the appropriate person.

the Secretary of State and that authority have agreed that notifications of decisions under this section required to be given in writing to that authority may instead be accessed by that authority on a web site;

the decision is a decision to which that agreement applies;

the Secretary of State has published the decision on a web site;

be recovered by withholding or reducing subsidy, and

if the sum is referable to housing benefit in respect of houses or other property within the authority’s Housing Revenue Account, be recovered by withholding or reducing rent rebate subsidy under Part 8 of the Social Security Administration Act 1992.

are disposed of in that year, or

are in that year the subject of such other transactions as the Secretary of State may determine,

in accordance with such formulae as the Secretary of State may from time to time determine; and

by reference to such houses or other property as the Secretary of State may for the time being determine.

may make different provision for different cases or descriptions of cases, including different provision for different areas, for different local housing authorities or for different descriptions of local housing authorities;

may be made before, during or after the end of the year to which it relates; and

may be varied or revoked by a subsequent determination or direction.

the Secretary of State and that authority have agreed to the authority instead having access to determinations on a web site;

the determination is a determination to which that agreement applies;

the Secretary of State has published the determination on a web site;

amend, repeal or re-enact provisions of sections 74 to 76 and 78 of, and Schedule 4 to, this Act;

add items to, or remove items from, Part 1 or 2 of Schedule 4 to this Act, or vary items of those Parts;

confer discretions, or expand, curtail or repeal discretions conferred, on the appropriate person or any other person;

be made before, during or after the end of any year to which it relates.

contain such incidental, consequential, transitional or supplementary provisions (including provisions amending or repealing enactments), and such savings, as the appropriate person considers appropriate;

make different provision for different cases or authorities.

expressions which are used in Part XIII of the M100Housing Act 1985 (general financial provisions) have the same meaning as in that Part;

references to a local housing authority’s Housing Revenue Account or Housing Repairs Account include, where the context so admits, references to the corresponding account kept by them under that Part;

references to a revenue account of a local housing authority other than their Housing Revenue Account do not include references to a Housing Repairs Account; F155 and

references to proper practices shall be construed in accordance with F156section 21 of the Local Government Act 2003 F157; and

“address”, in relation to electronic communications, includes any number or address used for the purposes of such communications.

that, if this Part were then in force, he would make, under section 83above, such a determination as is set out in the statement, and

that, when this Act is passed, he is to be regarded as having made under that section the determination set out in the statement,

before the passing of this Act, and

before the making of such a statement as is referred to in subsection (4) above, and

in connection with a determination proposed to be set out in the statement,

for the improvement or repair of dwellings, houses in multiple occupationor the common parts of buildings containing one or more flats; and

for the provision of dwellings or houses in multiple occupation by theconversion of a house or other building; and

for the provision of facilities for disabled persons in dwellings and inthe common parts of buildings containing one or more flats.

a grant relating to the improvement or repair of a dwelling or to theprovision of dwellings by the conversion of a house or other building isreferred to as a “renovation grant”; and

a grant relating to the improvement or repair of the common parts of abuilding is referred to as a “common parts grant”; and

a grant for the provision of facilities for a disabled person in adwelling or in the common parts of a building containing one or more flats isreferred to as a “disabled facilities grant”; and

a grant for the improvement or repair of a house in multiple occupationor for the provision of a house in multiple occupation by the conversion ofa house or other building is referred to as an “HMO grant”;

a local authority;

a new town corporation;

an urban development corporation;

a housing action trust;

the Development Board for Rural Wales;

a police authority established under F181section 3 of thePolice Act 1996;

a joint authority established by Part IV of the M103LocalGovernment Act 1985;

a residuary body established by Part VII of that Act; or

an authority established under section 10(1) of that Act (waste disposal).

any application made under section 461 of that Act which has not beenapproved by the local housing authority before the day appointed under section195 below for the coming into force of this section shall be of no effect onand after that day; and

any application under section 521 of that Act (schemes for grants forthermal insulation) in respect of which the applicant has not been notifiedbefore the day so appointed that he may proceed to execute works in accordancewith a scheme under that section shall be of no effect on and after that day.

particulars of the works in respect of which the grant is sought (in thisPart referred to as “the relevant works”);

unless the local housing authority otherwise direct in any particularcase, at least two estimates from different contractors of the cost ofcarrying out the relevant works;

particulars of any preliminary or ancillary services and charges inrespect of the cost of which the grant is also sought; and

such other particulars as may be prescribed.

relate to the application and the preparation for and the carrying out ofworks; and

are specified for the purposes of this subsection by the Secretary ofState.

“provided” means provided by construction or conversion; and

“the relevant period” means ten years or such other periodas the Secretary of State may by order provide.

the applicant has, or proposes to acquire, an owner’s interest in everyparcel of land on which the relevant works are to be carried out; or

in the case of an application for a renovation grant (other than anapplication in respect of works required for the provision of one or moredwellings by the conversion of a house or other building), the applicant isa tenant of the dwelling (alone or jointly with others) but does not have, orpropose to acquire, an owner’s interest in the dwelling; or

in the case of an application for a disabled facilities grant in respectof works to a dwelling, the applicant is a tenant of the dwelling (alone orjointly with others) but does not have, or propose to acquire, an owner’sinterest in the dwelling; or

in the case of an application for a disabled facilities grant in respectof works to the common parts of a building containing one or more flats, theapplicant is a tenant of a flat in the building (alone or jointly with others)but does not have, or propose to acquire, such an owner’s interest as isreferred to in paragraph (a) above;

is held by the applicant alone or jointly with others; and

is either an estate in fee simple absolute in possession or a term ofyears absolute of which not less than five years remain unexpired at the dateof the application.

the tenant is required by the terms of his tenancy to carry out therelevant works and his tenancy is not of a description excluded from thissubsection by an order made by the Secretary of State; or

his tenancy is of a description specified for the purposes of thissubsection by an order made by the Secretary of State; or

his application is for a disabled facilities grant.

that, at the date of the application, at least the required proportion ofthe flats in the building concerned is occupied by occupying tenants; and

that the application is either a landlord’s common parts application ora tenants’ common parts application.

a “tenants’ common parts application”, in relation to works tothe common parts of a building, is an application for a common parts grantmade, subject to subsection (3) below, by at least three-quarters of theoccupying tenants of the building who, under their tenancies, have a duty tocarry out, or to make a contribution in respect of the carrying out of, someor all of the relevant works;

an estate in fee simple absolute in possession;

a term of years absolute of which not less than five years remainunexpired at the date of the application;

a tenancy to which section 1 of the M105Landlord andTenant Act 1954 or Schedule 10 to this Act applies (long tenancies at lowrents);

an assured tenancy, a protected tenancy, a secure tenancy, a protectedoccupancy or a statutory tenancy; and

a tenancy which satisfies such conditions as may be prescribed by ordermade by the Secretary of State.

prescribed for the purposes of this section by an order made by theSecretary of State; or

approved by him, in relation to a particular case or description of case,on application made by the local housing authority concerned.