Part I Citizen’s Charter Provisions

Performance standards of local authorities etc.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Publication of information as to standards of performance.

(1)

The Audit Commission and the Scottish Accounts Commission shall each give such directions as it thinks fit for requiring relevant bodies to publish such information relating to their activities in any financial year or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the directionas will, in that Commission’s opinion—

(a)

facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectivenessand of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1) between— 

(i)

the standards of performance achieved by different relevant bodies in that financial yearor other period; and

(ii)

the standards of performance achieved by such bodies in different financial yearsor, as the case may be, other periods.

(b)

facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).

(2)

Where a relevant body are required by a direction under this section to publish information in relation to any financial yearor other period, it shall be the duty of that body—

(a)

to make such arrangements for collecting and recording the information as secure that the information is available for publication and, so far as practicable, that everything published in pursuance of the direction is accurate and complete;

(b)

within the period of six months beginning with the end of that financial yearor other period, to publish the information, in accordance with the direction, and by one of the methods permitted by section 1A below; and

(c)

to keep a document containing any information published in pursuance of the direction available for inspection by interested persons.

(3)

The Secretary of State may by order made by statutory instrument vary the period for the time being specified in paragraph (b) of subsection (2) above so as to fix the latest time for the publication of information in accordance with that paragraph at any such time, within the period of nine months after the end of the financial year in question, as may be specified in the order; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

An interested person shall be entitled—

(a)

at all reasonable times and without payment, to inspect and make copies of the whole or any part of a document kept available for inspection under subsection (2)(c) above; and

(b)

to require copies of the whole or a part of any such document to be delivered to him on payment of a reasonable sum for each copy.

(5)

Any person having custody of any document kept available for inspection under subsection (2)(c) above who—

(a)

obstructs a person in the exercise of his rights under subsection (4) above; or

(b)

refuses to comply with a requirement under subsection (4)(b) above,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)

References in this section to an interested person, in relation to any document which is required to be kept available by a relevant body in England and Wales, are references to any local government elector (within the meaning of the 1972 Act) for the area of that body.

(7)

References in this section and sections 2 and 3 below to a relevant body are references—

(a)

in relation to England and Wales, to any body with which the Audit Commission is concerned, other than one falling within subsection (8) below; and

(b)

in relation to Scotland, to any local authority, joint board or joint committee, within the meaning of the 1973 Act.

(8)

Subject to section 4 below, the bodies with which the Audit Commission is concerned which shall not be relevant bodies for the purposes of this section and sections 2 to 3 below are—

(a)

parish and community councils and any parish meeting of a parish not having a separate parish council;

(b)

charter trustees constituted under section 246 of the 1972 Act;

(c)

health service bodies within the meaning of Part III of the 1982 Act;

(d)

port health authorities;

(e)

licensing planning committees;

(f)

internal drainage boards;

(g)

probation committees; and

(h)

Passenger Transport Executives.

F2 1A Permitted methods of publishing information.

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

F32 Directions under s. 1.

(1)

A direction under section 1 above requiring the publication of information shall—

(a)

identify the financial year or yearsF4or other periods in relation to which the information is to be published;

(b)

specify or describe the activities to which the information is to relate; and

(c)

make provision as to the matters to be contained in the information and as to the form in which it is to be published.

(2)

A direction under section 1 above—

(a)

may be given so as to apply either to all the relevant bodies with which the Commission giving the direction is concerned or to all such bodies as are of a description specified in the direction; and

(b)

may be varied or revoked by any subsequent direction under that section.

(3)

Before giving a direction under section 1 above which imposes a new requirement on any relevant body as to the publication of any information the Audit Commission or Scottish Accounts Commission shall consult such associations of relevant bodies and such other persons as it thinks fit.

(4)

A direction under section 1 above imposing a new requirement on any relevant body as to the publication of any information shall not be given any later than the 31st December in the financial year which precedes that in relation to which the information is to be publishedF5or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.

(5)

Where the Audit Commission or the Scottish Accounts Commission gives a direction under section 1 above, it shall—

(a)

publish the direction in such manner as it considers appropriate for bringing it to the attention of members of the public; and

(b)

send a copy of the direction to every relevant body on whom duties are imposed by virtue of the direction.

(6)

References in this section to the imposition of a new requirement on a relevant body as to the publication of information are references to—

(a)

the imposition of any requirement by the first direction under section 1 above to apply to that body; or

(b)

any subsequent extension of, or addition to, either—

(i)

the matters to be contained in the information which that body are required to publish in relation to any financial year in pursuance of directions under section 1 above; or

(ii)

the activities to which any such information is to relate.

F63 Functions of auditor and studies by the Commissions.

(1)

In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted“and

(d)

in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(2)

In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted“and

(d)

in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(3)

The comparative and other studies which the Audit Commission is required to undertake or promote under section 26(1) of the 1982 Act, and those which the Scottish Accounts Commission is required to undertake or promote under section 97A(1) of the 1973 Act, shall include, in particular—

(a)

studies designed to enable the Audit Commission or, as the case may be, the Scottish Accounts Commission to determine what directions it should give under section 1 above; and

(b)

studies of information published in pursuance of directions under section 1 above which are designed to enable the Commission in question to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by relevant bodies;

but neither Commission shall be required by section 26(4) of the 1982 Act or section 97A(3) of the 1973 Act to consult any person before undertaking or promoting a study falling within paragraph (a) or (b) above.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Auditors’ reports and recommendations

F85 Duty to consider auditor’s report or recommendation.

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

F96 Publicity requirements for meetings under s. 5.

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

Publication of information by the Audit Commission

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competition

F118 Application of competitive tendering to professional services etc.

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

F119 Power to define conduct as competitive or anti-competitive.

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

F1110 Publicity for tender specifications.

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

F1111 Amendments of competition provisions.

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

Part II Local Government Changes for England

The Local Government Commission

12 The Local Government Commission for England.

(1)

There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below.

(2)

Schedule 2 to this Act shall have effect with respect to the Local Government Commission.

Functions of the Local Government Commission

F12 13 Reviews and Recommendations

F13 (1)

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

F14 (2)

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

(3)

The Electoral Commission may direct the Boundary Committee for England—

(a)

to conduct a review of a specified area in England, and

(b)

to recommend whether an electoral change should be made in respect of that area.

(4)

The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a)

to conduct a review of each principal area in England, and

(b)

to recommend whether an electoral change should be made in respect of that area.

(5)

In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

(a)

the need to reflect the identities and interests of local communities,

(b)

the need to secure effective and convenient local government,

(c)

the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972 F15 (equality of representation), and

F16(d)

in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007, the desirability of securing that each ward in the district returns an appropriate number of councillors.

F17(5A)

For the purposes of this section—

(a)

a council is “subject to a scheme for elections by halves” if one half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b)

a council is “subject to a scheme for elections by thirds” if one third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c)

the number of councillors returned by a ward is “appropriate”—

(i)

in the case of a scheme for elections by halves, if it is divisible by 2, and

(ii)

in the case of a scheme for elections by thirds, if it is divisible by 3.

(6)

The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7)

A direction may, in particular, require the Boundary Committee for England to have regard to—

F18 (a)

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

(b)

guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.

F19(8)

A local authority must, if requested by the Boundary Committee for England to do so, provide that Committee, by such date as that Committee may specify, with any information that that Committee may reasonably require in connection with any of their functions under this section.

14 Changes that may be recommended.

(1)

For the purposes of this Part—

F20(a)

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

F21(b)

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

(c)

an electoral change is a change of electoral arrangements for any local government area, F22...

F23...

F24(2)

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

F25(3)

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

(4)

In subsection (1)(c) above “electoral arrangements” means—

(a)

in relation to a principal area—

(i)

the number of councillors of the council for that area;

(ii)

the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;

(iii)

the number of councillors to be elected for any electoral area in that principal area F26. . .; and

(iv)

the name of any electoral area;

(b)

in relation to a parish council—

(i)

the number of councillors;

(ii)

the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;

(iii)

the number and boundaries of any such wards;

(iv)

the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and

(v)

the name of any such ward.

F27(5)

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

F28(6)

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

F29(7)

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

F30(8)

Notwithstanding section 6(2)(a) of the M1 Local Government Act 1972, the F31 the Boundary Committee for England may recommend under F32F33 section 13(3) or (4) above that an electoral division of a non-metropolitan county should return more than one councillor.

F3414ARequests for single-member electoral areas

(1)

A principal council which falls within subsection (3) may request the Electoral Commission—

(a)

to give the Boundary Committee for England a direction under section 13(3) relating to the council's area, and

(b)

to direct that Committee (under section 13(6)) that their recommendations under section 13(3) must contain recommendations as to single-member electoral areas.

(2)

In subsection (1) “recommendations as to single-member electoral areas” means a recommendation, as respects each electoral area in the council's area, as to whether the electoral area should return one councillor.

(3)

A principal council falls within this subsection if—

(a)

it is not the case that each of the electoral areas in the council's area returns one councillor, and

(b)

the council is subject to a scheme for whole-council elections.

(4)

A council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of councillors of the council are to be held, all the councillors are to be elected.

(5)

If the Electoral Commission grant a request under this section—

(a)

they must notify the Boundary Committee for England of the request when they give the directions requested, and

(b)

subject to subsection (6), where the Boundary Committee for England make recommendations under section 13(3) in response to those directions they must recommend that each electoral area in the council's area should return one councillor.

(6)

Subsection (5)(b) does not require the Boundary Committee for England to make any recommendation that they consider would be inappropriate having regard to the matters which they are required by section 13(5)(a) to (c) to have regard to.

(7)

If the Electoral Commission decide not to grant a request under this section they must notify the council that made the request of—

(a)

their decision, and

(b)

the reasons for it.

14BProvision supplementary to section 14A

(1)

Nothing in section 14A prevents the Electoral Commission—

(a)

from making a direction under section 13 where there has been no request under section 14A, or

(b)

if they grant a request under section 14A, from making directions under section 13(6) in addition to the one requested.

(2)

Nothing in section 14A prevents the Boundary Committee for England, when making a recommendation as to whether electoral areas should return one councillor, from making other recommendations under section 13(3).

(3)

In section 14A(2) and (5) references to electoral areas are, in relation to a case where the Boundary Committee for England make recommendations for change to the number or boundaries of electoral areas in the council's area, to the recommended electoral areas.

15 Procedure on a review.

(1)

As soon as reasonably practicable after being directed to conduct a review, the F35Boundary Committee for England shall take such steps as F35they consider sufficient to secure that persons who may be interested in the review are informed of—

(a)

the direction requiring that review to be conducted;F36and

(b)

any other directions under this Part which are relevant to the review; and

F37(c)

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

F38(2)

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

(3)

In conducting a review, the F39Boundary Committee for England shall—

F40(a)

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

(b)

prepareF41and publish draft recommendations and take such steps as F39they considersufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;F42and

F43(c)

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

(d)

take into consideration any representations made to that F39Committeewithin that period.

F44(4)

In conducting a review, the Boundary Committee for England may at any time before publishing draft recommendations consult such persons as they consider appropriate.

F44(5)

As soon as the Boundary Committee for England are in a position to submit recommendations to the Electoral Commission they must—

(a)

submit them; and

(b)

publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.

F45(6)

Where F46 submitted to the Electoral Commission under subsection F47(5) above, the Commission may—

(a)

direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit F48... different recommendations; or

(b)

direct the Boundary Committee for England to conduct a further review of all or part of the area to which the F49recommendations relate and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.

F50(6A)

Where the Boundary Committee for England submit recommendations under subsection (6)(a), they must publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.

F51(7)

The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7A)

A direction may, in particular, require the Boundary Committee for England to have regard to—

F52 (a)

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

(b)

guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.

F53 (8)

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

F54 15A Alternative procedure on a review

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

F5516 Consultation with the Audit Commission.

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

Implementation of recommendations

17 Implementation of recommendations by order.

F56(1)

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

F57(1A)

Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee

(2)

No order under this section shall be made before the end of the period of six weeks beginning with F58the receipt of recommendations F59...; and before making such an order, F60. . .

F61(a)

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

F62(b)

the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.

(3)

F63... an order under this section may, in particular, include provision which, for the purpose of giving effect (with or without modifications) to recommendations of the F64F65... Boundary Committee for England, makes provision with respect to—

F66(a)

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

F67(b)

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

F68(c)

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

(d)

the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;

(e)

without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;

F69(ea)

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

(f)

F70... the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;

F71(g)

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

F72(h)

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

F73(3A)

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

F74(3B)

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

(4)

F75 A power to make an order under this section shall include power to make any such provision in relation to the other provisions of that order, or to the provisions of any previous order under this section, as is equivalent to that which may be contained in regulations under section 19 below F76....

F77(5)

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

F78(6)

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

F79(7)

An order under F80subsection (1A) above. may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply.

F8118 Consequences of structural changes etc.

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

19 Regulations for supplementing orders.

(1)

The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as he thinks necessary or expedient for the purposes or in consequence of any orders under section 17 above, or for giving full effect to orders under that section.

F82(2)

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

(3)

In their application in relation to any order under section 17 above, regulations under this section shall have effect subject to any provision made under that section.

(4)

Any regulations under section 67 of the 1972 Act (regulations in connection with implementation of proposals under Part IV of that Act) which are in force at the commencement of this section shall have effect, without prejudice to their operation in relation to any order made under that Part after the commencement of this section (whether by virtue of section 24(3) below or otherwise) and subject to any regulations under this section, as if orders under section 17 above were orders under that Part.

F8320 Agreements as to incidental matters.

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

F8321 Joint authorities.

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

F8322 Residuary bodies.

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

F8423 Staff commissions.

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

Supplemental provisions of Part II

F8524 Abolition of the Local Government Boundary Commission for England.

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

25 Application of Part II to the Isles of Scilly.

The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.

26 Orders, regulations and directions under Part II.

(1)

The powers of the Secretary of State F86or the Electoral Commission under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—

F87(a)

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

F88(b)

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

(c)

it effects only electoral changes F89....

F90(2)

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

F91(3)

Every power of the Secretary of State under this Part to make F92... regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies

(4)

Any power of the Secretary of State by F93... regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a)

to apply with or without modifications;

(b)

to extend, exclude or amend; or

(c)

to repeal or revoke with or without savings,

any enactment, any instrument made under any enactment or any charter, whenever granted.

F94(5)

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

(6)

A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where F95F96... the Electoral Commission are satisfied that—

(a)

a mistake has occurred in the preparation of an order under any provision of this Part; and

(b)

the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2Interpretation Act 1978 (implied power to amend),

F97F96... they may by order under this subsection make such provision as F98F96... they think necessary or expedient for rectifying the mistake.

(7)

In this section—

“enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and

“mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

27 Amendments relating to local government changes.

(1)

Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

(2)

In considering the electoral arrangements for any local government area for the purposes of this Part F99the Electoral Commission and the Boundary Committee for England shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—

(a)

until the commencement of section 24 above, as including a reference to the Local Government Commission; and

(b)

thereafter, as if they were references to the F99the Electoral Commission and the Boundary Committee for England or the Local Government Boundary Commission for Wales.

(3)

In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.

Part III General

28 Interpretation.

(1)

In this Act, except where the context otherwise requires—

“the 1972 Act” means the M3Local Government Act 1972;

“the 1973 Act” means the M4Local Government (Scotland) Act 1973;

“the 1980 Act” means the M5Local Government, Planning and Land Act 1980;

F100“the 1982 Act” means the M6Local Government Finance Act 1982;

“the 1988 Act” means the M7Local Government Act 1988;

F100“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

F100“auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;

“contravention” includes a failure to comply;

“financial year” means the twelve months ending with 31st March;

“local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;

“local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;

“the Local Government Commission” means the Local Government Commission for England;

“modifications” includes additions, alterations and omissions;

“principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;

“principal council” means a council elected for a principal area;

“public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;

“the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the M8National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

“staff” includes officers and employees.

F100(2)

References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).

(3)

References in this Act (however framed) to a body affected by any recommendations, changes or order under Part II of this Act include references to a body whose area or functions are so affected or to a body which is to cease to exist in pursuance of the recommendations, changes or order and, in relation to an order, include a body which is established under or in consequence of the order.

29 Consequential amendment, repeals and saving.

F101(1)

Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.

(2)

The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)

Without prejudice to sections 16 and 17 of the M9Interpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.

30 Short title, commencement and extent.

(1)

This Act may be cited as the Local Government Act 1992.

F102(2)

Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)

The following provisions of this Act, that is to say—

(a)

sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and

(b)

section 24, Schedule 3 and Part II of Schedule 4,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

(4)

The following provisions of this Act do not extend to Scotland, that is to say—

(a)

sections 4 and 7;

(b)

Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and

(c)

F103Part II of Schedule 4, apart from so much of that Part as makes a repeal in the M10House of Commons Disqualification Act 1975.

(5)

Except for the purposes of—

(a)

the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and

(b)

so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,

this Act does not extend to Northern Ireland.