- Latest available (Revised)
- Point in Time (01/04/2002)
- Original (As enacted)
Version Superseded: 13/02/2008
Point in time view as at 01/04/2002.
There are currently no known outstanding effects for the Local Government and Rating Act 1997, Cross Heading: Supplemental.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In exercising their powers under sections 9 to 12 and 17(2), a district council or unitary county council must have regard to any guidance given by the Secretary of State [F1or by the Electoral Commission].
(2)The functions of district councils and unitary county councils under sections 9, 11 and 12, and of the [F2Electoral Commission] under section 13, are to be exercised in the manner which appears to the council concerned or the Commission (as the case may be) desirable having regard to the need—
(a)to reflect the identities and interests of local communities, and
(b)to secure effective and convenient local government.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 22(1) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para.11(2)
F2Words in s. 22(2) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para.11(3)
F3S. 22(3)(4) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para.11(4)
(1)Any power of the Secretary of State under section 14, 15, 20 or 21 to make orders or regulations [F4or power of the Electoral Commission to make an order under section 14(1A)] is exercisable by statutory instrument.
(2)A statutory instrument containing any regulations under section 15 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any power to make orders or regulations under this Part may be exercised to make different provision for different cases, including different provision for different areas or localities and for different authorities.
(4)Any power of any person to make orders under this Part includes power to make any incidental, supplemental, consequential or transitional provision which the person thinks necessary or expedient.
(5)The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, includes—
(a)the transfer of functions, property, rights or liabilities (which includes power to make provision mentioned in subsection (6)), and
(b)the management or custody of transferred property (whether real or personal).
(6)The provision referred to in subsection (5)(a) is provision—
(a)for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred,
(b)for the transfer of staff, compensation for loss of office, pensions and other staffing matters, and
(c)for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.
(7)The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, 17 or 20, includes the exclusion or modification of the application of—
(a)section 16(3) or 90 of the M1Local Government Act 1972 (elections of parish councillors), or
(b)rules under section 36 of the M2Representation of the People Act 1983 (local elections), whenever made.
(8)Where a council make an order under section 16 or 17, they must send two copies of the order to the Secretary of State [F5and to the Electoral Commission].
(9)Section 20 of the M3Local Government Act 1992 applies to an order under section 14, 16 or 17 as it applies to an order under Part II of that Act.
Textual Amendments
F4Words in s. 23(1) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para.12(2)
F5Words in s. 23(8) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para.12(3)
Marginal Citations
(1)This section applies for the interpretation of this Part.
(2)“Electoral arrangements”, in relation to an existing or proposed parish council, means—
(a)the number of councillors,
(b)the question whether or not the parish or (in the case of a common parish council) any of the parishes should be, or continue to be, divided into wards for the purposes of the election of councillors,
(c)the number and boundaries of any such wards,
(d)the number of councillors to be elected for any such ward or (in the case of a common parish council) for each parish, and
(e)the name of any such ward.
(3)“Unitary county council” means the council of a county in which there are no district councils.
(4)“Local government elector” has the same meaning as in the M4Local Government Act 1972 (see section 270).
Marginal Citations
In this Part, any reference to a local authority is to a local authority in England; and “local authority” has the same meaning as in the Local Government Act 1972 (see section 270).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: