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Local Government and Housing Act 1989, Section 70 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In relation to companies under the control of local authorities and companies subject to the influence of local authorities, the Secretary of State may by order make provision regulating, forbidding or requiring the taking of certain actions or courses of action; and an order under this subsection may—
(a)make provision in relation to those companies which are arm’s length companies different from that applicable to companies which are not; and
(b)make provision in relation to companies under the control of local authorities different from that applicable in relation to companies under the influence of local authorities.
(2)It shall be the duty of every local authority to ensure, so far as practicable, that any company under its control complies with [F1any provisions made by order under subsection (1) above which are for the time being applicable to it]; and if a local authority fails to perform that duty in relation to any company, any payment made by the authority to that company and any other expenditure incurred bythe authority in contravention of any such provisions shall be deemed for the purposes of [F2the Audit Commission Act 1998] [F3 and Part 2 of the Public Audit (Wales) Act 2004] to be expenditure which is unlawful.
(3)In order to secure compliance, in relation to companies subject to the influence of [F4a local authority], with provisions made by virtue of subsection (1) above, an order under that subsection may prescribe requirements to be complied with by [F5the] local authority in relation to conditions to be included in such leases, licences, contracts, gifts, grants or loans as may be so prescribed which are made with or to a company subject to the influence of the local authority.
(4)It shall be the duty of a local authority to comply with any requirements for the time being applicable to it under subsection (3) above; and if a local authority fails to perform that duty, any expenditure which is incurred by the local authority under the lease, licence, contract, gift, grant or loan in question shall be deemed for the purposes of [F6the Audit Commission Act 1998] [F7and Part 2 of the Public Audit (Wales) Act 2004] to be expenditure which is unlawful.
(5)Without prejudice to the generality of the power conferred by subsection (1) above, an order under that subsection may make provision requiring acompany or local authority to obtain the consent of the Secretary of State, or of the Audit Commission for Local Authorities [F8and the National Health Service in England] [F9or of the Auditor General for Wales,] before taking any particular action or course of action.
[F10(6)An order under subsection (1) may be made in relation to—
(a)all local authorities,
(b)particular local authorities, or
(c)particular descriptions of local authority.]
Textual Amendments
F1Words in s. 70(2) substituted (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 30(2); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F2Words in s. 70(2) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 18(3)(a)
F3Words in s. 70(2) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 12(1)(2); S.I. 2005/558, art. 2, Sch. 1
F4Words in s. 70(3) substituted (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 30(3)(a); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F5Word in s. 70(3) substituted (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 30(3)(b); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F6Words in s. 70(4) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. para. 18(3)(b)
F7Words in s. 70(4) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 12(1)(3); S.I. 2005/558, art. 2, Sch. 1
F8Words in s. 70(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 2(2)(b); S.I. 2008/172, art. 4(a)
F9Words in s. 70(5) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 12(1)(4); S.I. 2005/558, art. 2, Sch. 1
F10S. 70(6) inserted (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 3; S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Commencement Information
I1S. 70 wholly in force at 7.10.1993; s. 70 not in force at Royal Assent see s. 195(2); s. 70 in force for certain purposes at 16.1.1990 by S.I.1989/2445, art. 4; s. 70 in force so far as not already in force at 7.10.1993 by S.I.1993/2410, art. 3
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