Part V E+W Companies in which Local Authorities have interests

Modifications etc. (not altering text)

C1 Pt. 5 (ss. 67-73): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(iii); S.I. 1997/1930, art. 2(1)(2)(m)

C2 Pt. 5 modified (18.11.2003) by Local Government Act 2003 (c. 26), s. 95(5)(6), 128(2)(d)

70 Requirements for companies under control or subject to influence of localauthorities. E+W

(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 [F1 any 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 [F2 the 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 [F4 a local authority], with provisions made by virtue of subsection (1) above, an order under that subsection may prescribe requirements to be complied with by [F5 the] 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 [F6 the Audit Commission Act 1998] [F7 and 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 [F8 and the National Health Service in England] [F9 or 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

F1 Words 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

F2 Words in s. 70(2) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 18(3)(a)

F3 Words 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

F4 Words 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

F5 Word 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

F6 Words in s. 70(4) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. para. 18(3)(b)

F7 Words 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

F8 Words 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)

F9 Words 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

F10 S. 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

Modifications etc. (not altering text)

C3 S. 70 modified (temp.) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 24; S.I. 2015/841, art. 3(x)

Commencement Information

I1 S. 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