Local Government and Housing Act 1989

21 Interpretation of Part I.E+W+S

(1)Any reference in this Part to a local authority is, in relation to England and Wales, a reference to a body of one of the following descriptions—

(a)a county council;

[F1(aa)a county borough council;]

(b)a district council;

(c)a London borough council;

(d)the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;

(e)the Council of the Isles of Scilly;

(f)a fire authority constituted by a combination scheme under the M1Fire Services Act 1947;

[F2(g)a police authority established under [F3section 3 of the Police Act 1996][F4or the Metropolitan Police Authority];]

(h)an authority established under section 10 of the M2Local Government Act 1985 (waste disposal authorities);

(i)a joint authority established by Part IV of that Act ([F5police,] fire services, civil defence and transport) [F6or the London Fire and Emergency Planning Authority];

(j)any body established pursuant to an order under section 67 of that Act (successors to residuary bodies);

(k)the Broads Authority;

(l)any joint board the constituent members of which consist of any of the bodies specified above; [F7. . .]

F8(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[F9and

F9(n)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M3Town and Country Planning Act 1990.]

(2)Any reference in this Part to a local authority is, in relation toScotland, a reference to a [F10council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or a joint board within the meaning of section 235(1) of the M4Local Government (Scotland) Act 1973.

(3)In this Part—

contravention” includes a failure to comply;

[F11“council manager”, “executive”, “executive arrangements” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;]

  • modifications” includes additions, alterations and omissions;

  • proper officer”—

    (G)

    in relation to a local authority in England and Wales, has the same meaning as in the Local Government Act 1972; and

    (G)

    in relation to a local authority in Scotland, has the same meaning as in the Local Government (Scotland) Act 1973; and

  • subordinate legislation” has the same meaning as in the M5Interpretation Act 1978.

(4)References in this Part to an officer of a local authority or to a paid office under a local authority do not include references to, or to the office of, the chairman or vice-chairman of the authority (whether referred to as such, as mayor, Lord Mayor, deputy mayor, as Lord Provost or otherwise [F12or a member of any executive of the authority (other than a council manager)]).

Textual Amendments

F2S. 21(1)(g) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 38; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F4Words in s. 21(1)(g) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. II para. 50; S.I. 2002/344, art. 3 (with transitional provisions in art. 4)

F5Word in s. 21(1)(i) repealed (1.4.1995 (E.W.) otherwise (prosp.)) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F7Word in s. 21(1)(l) omitted (23.11.1995) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 31(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F9S. 21(1)(n) and the preceding “and” added (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 31(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F11S. 21(3): definition inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 25(a); S.I. 2002/808, arts. 1(2), 24(a)

F12Words in s. 21(4) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 25(b); S.I. 2002/808, arts. 1(2), 24(b)

Modifications etc. (not altering text)

C1S. 21 applied (S.) (temp.) (6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11

Marginal Citations

M11947c. 41.