Local Government Act 2000
Part I Promotion of economic, social or environmental well-being etc
Interpretation
1 Meaning of “local authority” in Part I.
Promotion of well-being
2 Promotion of well-being.
3 Limits on power to promote well-being.
4 Strategies for promoting well-being.
4AStrategies: parishes
5 Power to amend or repeal enactments.
Modification of certain enactments
6 Power to modify enactments concerning plans etc.
7 Power to modify enactments concerning plans etc: Wales.
8 Modification of section 137 of the 1972 Act.
Procedure for orders under sections 5 to 7
9 Procedure for orders made by the Secretary of State under section 6.
9AProcedure for orders made by the Welsh Ministers under section 5 or 7
PART 1AArrangements with respect to local authority governance in England
CHAPTER 1Permitted forms of governance
9BPermitted forms of governance for local authorities in England
9BAPower of Secretary of State to prescribe additional permitted governance arrangements
CHAPTER 2Executive arrangements
Local authority executives
9CLocal authority executives
Executive functions
9DFunctions which are the responsibility of an executive
9DAFunctions of an executive: further provision
Discharge of functions
9EDischarge of functions: general
9EADischarge of functions of and by another local authority
9EBJoint exercise of functions
Overview and scrutiny committees
9FOverview and scrutiny committees: functions
9FAOverview and scrutiny committees: supplementary provision
9FBScrutiny officers
9FCReference of matters to overview and scrutiny committee etc
9FDDealing with references under section 9FC(1)(c)
9FEDuty of authority or executive to respond to overview and scrutiny committee
9FFReports and recommendations of overview and scrutiny committees: duties of certain partner authorities
9FGPublication etc of reports, recommendations and responses: confidential and exempt information
9FHOverview and scrutiny committees: flood risk management
9FIOverview and scrutiny committees: provision of information etc by certain partner authorities
Further provision in relation to executives
9GMeetings and access to information etc
9GAMeetings and access to information etc: further provision and regulations
9GBFurther provision
9GCAbsence of requirement for political balance
Elected mayors etc
9HElected mayors etc
9HAElection as elected mayor and councillor
9HBTime of elections etc
9HCVoting at elections of elected mayors
9HDEntitlement to vote
9HEPower to make provision about elections
Leader and cabinet executives (England)
9IElection and term of office of leader
9IARemoval of leader
9IBLeader to continue to hold office as councillor
9ICNo other means of removing leader
9IDRegulations
CHAPTER 3The committee system
9JSecretary of State's power to prohibit delegation of functions etc
9JAOverview and scrutiny committee
9JBOverview and scrutiny: flood risk management
CHAPTER 4Changing governance arrangements
Changes to governance arrangements by local authorities: general provision
9KChanging from one form of governance to another
9KAExecutive arrangements: different form of executive
9KBExecutive arrangements: other variation of arrangements
9KCResolution of local authority
Implementation of certain changes to governance arrangements
9LImplementation: change in form of governance or change in form of executive
Referendums
9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB
9MAReferendum: proposals by local authority
9MBRequirement to hold and give effect to referendum
9MCReferendum following petition
9MDReferendum following direction
9MEReferendum following order
9MFFurther provision with respect to referendums
9MGVoting in and conduct of referendums
Further provisions as to mayor and cabinet executive
9NRequiring referendum on change to mayor and cabinet executive
9NAEffect of section 9N order
9NBVariation of mayoral executive
Miscellaneous
9OGeneral
9OAInterpretation
CHAPTER 5Supplementary
Local authority constitution
9PLocal authority constitution
Guidance
9QGuidance
Interpretation
9RInterpretation of Part 1A
Part II Local authorities in Wales: arrangements with respect to executives etc.
Executive arrangements
10 Executive arrangements.
Local authority executives
11 Local authority executives.
12 Additional forms of executive.
Executive functions
13 Functions which are the responsibility of an executive.
Provisions with respect to executive arrangements
14 Discharge of functions: mayor and cabinet executive
15 Discharge of functions: leader and cabinet executive (Wales)
16 Discharge of functions: mayor and council manager executive.
17 Discharge of functions: s. 11(5) executive.
18 Discharge of functions by area committees.
19 Discharge of functions of and by another local authority.
20 Joint exercise of functions.
21 Overview and scrutiny committees.
21ZAScrutiny officers
21AReference of matters to overview and scrutiny committee etc
21BDuty of authority or executive to respond to overview and scrutiny committee
21CReports and recommendations of overview and scrutiny committees: duties of certain partner authorities
21DPublication etc of reports, recommendations and responses: confidential and exempt information
21EOverview and scrutiny committees of certain district councils: functions with respect to partner authorities
21FOverview and scrutiny committees: flood risk management
21G Designated persons
22 Access to information etc.
22AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities
23 Further provision.
24 Absence of requirement for political balance.
Procedure with respect to operation of executive arrangements
25 Proposals.
26 Proposals not requiring referendum.
27 Referendum in case of proposals involving elected mayor.
28 Approval of outline fall-back proposals.
29 Operation of, and publicity for, executive arrangements.
30 Operation of different executive arrangements.
Alternative arrangements.
31 Alternative arrangements in case of certain local authorities.
32 Alternative arrangements.
33 Operation of alternative arrangements.
Changing governance arrangements: general provisions
33ZA Changing governance arrangements
33AExecutive arrangements: different form of executive
33BExecutive arrangements: other variation of arrangements
33CAlternative arrangements: move to executive arrangements
33DAlternative arrangements: variation of arrangements
33EProposals by local authority
33FResolution of local authority
33GImplementation: new executive or move to executive arrangements
33HImplementation: other change in governance arrangements
33IGeneral
...
33JNew form of executive or move to executive: general requirements
33KChanges subject to approval in a referendum: additional requirements
33LChange not subject to approval in a referendum: additional requirements
33MCases in which change subject to approval in referendum
33NVariation of mayoral executive
...
33OInterpretation
Referendums
34 Referendum following petition.
35 Referendum following direction.
36 Referendum following order.
Local authority constitution
37 Local authority constitution.
Guidance
38 Guidance.
Elected mayors etc.
39 Elected mayors etc.
40 Election as elected mayor and councillor.
41 Time of elections etc.
42 Voting at elections of elected mayors.
43 Entitlement to vote.
44 Power to make provision about elections.
...
44A Election of leader: whole-council elections
44B Election of leader: partial-council elections
44CRemoval of leader
44D Term of office of leader: whole-council elections
44E Term of office of leader: partial-council elections
44FLeader to continue to hold office as councillor
44GNo other means of electing or removing leader
44HRegulations
Provisions with respect to referendums
45 Provisions with respect to referendums.
Amendments to the 1972 Act
46 Amendments to the 1972 Act.
Power to make further provision
47 Power to make incidental, consequential provision etc.
Interpretation
48 Interpretation of Part II.
48AFunctions of the Lord President of the Council
Part III Conduct of local government members and employees
Chapter I Conduct of members
Standards of conduct
49 Principles governing conduct of members of relevant authorities.
50 Model code of conduct.
51 Duty of relevant authorities to adopt codes of conduct.
52 Duty to comply with code of conduct.
Standards committees
53 Standards committees.
54 Functions of standards committees.
54ASub-committees of standards committees
55 Standards committees ... for parish councils.
56 Standards committees or sub-committees for community councils.
56AJoint committees of relevant authorities in England
Chapter II Investigations etc: England
Standards Board for England
57 Standards Board for England.
Written allegations
57AWritten allegations: right to make, and initial assessment
57BRight to request review of decision not to act
7CInformation to be given to subject of allegation
57DPower to suspend standards committee's functions
58Allegations referred to Standards Board
Functions of ethical standards officers
59 Functions of ethical standards officers.
Investigations by ethical standards officers
60 Conduct of investigations.
61 Procedure in respect of investigations.
62 Investigations: further provisions.
63 Restrictions on disclosure of information.
Reports etc. by ethical standards officers
64 Reports etc.
65 Interim reports.
65ADisclosure by monitoring officers of ethical standards officers' reports
References to monitoring officers
66 Matters referred to monitoring officers.
66AReferences to First-tier Tribunal for action in respect of misconduct
Information to be provided to Standards Board by relevant authority
66BPeriodic returns
66CInformation requests
Consultation with ombudsmen
67 Consultation with ombudsmen .
Chapter III Investigations etc: Wales
Public Services Ombudsman for Wales
68 Public Services Ombudsman for Wales .
Investigations
69 Investigations by the Public Services Ombudsman for Wales.
70 Investigations: further provisions.
Reports etc.
71 Reports etc.
72 Interim reports.
References to monitoring officers
73 Matters referred to monitoring officers.
74 Law of defamation.
Chapter IV Adjudications
The Adjudication Panel for Wales
75 Adjudication Panel for Wales.
Case tribunals and interim case tribunals
76 Case tribunals and interim case tribunals.
Adjudications
77 Adjudications.
78 Decisions of the First-tier Tribunal or interim case tribunals.
78ADecisions of First-tier Tribunal
78B Section 78A: supplementary
79 Decisions of case tribunals: Wales.
80 Recommendations by ... case tribunals.
Chapter V Supplementary
Disclosure and registration of members’ interests etc.
81 Disclosure and registration of members’ interests etc.
Code of conduct for local government employees
82 Code of conduct for local government employees.
Delegation by monitoring officers
82AMonitoring officers: delegation of functions under Part 3
Interpretation
83 Interpretation of Part III.
Part IV Elections
84 Meaning of “local authority” and “principal council” in Part IV.
85 Options for elections.
86 Power to specify a scheme for elections.
87 Power to change years in which elections held.
88 Separate power to make incidental provisions etc.
89 Consequential electoral changes.
Part V Miscellaneous
Surcharge etc.
90 Surcharge etc.
91 Advisory notices.
Maladministration etc.
92 Payments in cases of maladministration etc.
Welfare services
93 Grants for welfare services.
94 Disclosure of information.
95 Unauthorised disclosure of information.
96 Housing benefit.
Access to information
97 Background papers.
98 Meetings and documents: notice etc.
Allowances and pensions
99 Allowances and pensions for certain local authority members.
100 Power to make provision about allowances.
Indemnification of members and officers of relevant authorities
101 Indemnification of members and officers of relevant authorities.
Social services functions
102 Social services functions.
Recoupment by local authorities of cost of providing day care
103 Recoupment by local authorities of cost of providing day care.
Prohibition on promoting homosexuality: bullying
104 Prohibition on promoting homosexuality: bullying.
Part VI Supplemental
105 Orders and regulations.
106 Wales.
107 Minor and consequential amendments and repeals.
108 Commencement.
109 Short title and extent.
SCHEDULES
SCHEDULE A1Executive arrangements in England: further provision
Mayor and cabinet executives
1(1) This paragraph applies in relation to executive arrangements by...
Leader and cabinet executives (England)
2(1) This paragraph applies in relation to executive arrangements by...
Procedure
3Executive arrangements by a local authority may include provision with...
Meetings of executives and executive committees
4A member of a local authority who is not a...
4AAttendance of police and crime commissioner at meetings
Mayor's assistant
5(1) The Secretary of State may by regulations make provision...
Overview and scrutiny committees: education functions
6(1) In paragraphs 7 and 8 “ relevant authority ”...
7(1) In the case of a relevant authority that maintains...
8(1) The Secretary of State may by regulations require an...
9The following provisions of the Education Act 1996, namely—
10(1) Except for the expression “local authority”, expressions used in...
Overview and scrutiny committees: voting rights of co-opted members
11(1) A local authority may permit a co-opted member of...
12(1) The Secretary of State may by regulations make provision...
13(1) A local authority which makes a scheme for the...
SCHEDULE 1 Executive arrangements in Wales: further provision
Mayor and cabinet executives
1(1) This paragraph applies in relation to executive arrangements by...
...
1A(1) This paragraph applies in relation to executive arrangements by...
Leader and cabinet executives (Wales)
2(1) This paragraph applies in relation to executive arrangements by...
Mayor and council manager executives
3(1) This paragraph applies in relation to executive arrangements by...
Procedure
4Executive arrangements by a local authority may include provision with...
Meetings of executives and executive committees
5A member of a local authority who is not a...
Mayor’s assistant
6(1) The Welsh Ministers may by regulations make provision for...
Overview and scrutiny committees: education functions
7(1) In this paragraph “ relevant English authority ” means...
8(1) In this paragraph “relevant ... authority” means a local...
9(1) In this paragraph “relevant authority” means a local authority...
10Chapter 2 of Part 2 of the School Standards and...
11Except for the expression “local authority”, expressions used in paragraphs...
11AIn paragraphs 8 and 10 “education functions” has the meaning...
...
12(1) A local authority in England may permit a co-opted...
13(1) The Secretary of State may by regulations make provision...
14(1) A local authority which makes a scheme for the...
SCHEDULE 2 Election of elected mayor
Application
1This Schedule applies where there are three or more candidates...
Candidate with overall majority of first preference votes
2If one of the candidates to be the elected mayor...
No candidate with overall majority of first preference votes
3(1) If none of the candidates to be the elected...
SCHEDULE 3 Amendments to the 1972 Act
1(1) Section 2 of the Local Government Act 1972 (constitution...
2(1) Section 3 of that Act (chairman of principal council...
3(1) Section 5 of that Act (vice-chairman of principal council...
4(1) Section 21 of that Act (constitution of principal councils...
5(1) Section 22 of that Act (chairman of principal council...
6(1) Section 24 of that Act (vice-chairman of principal council...
7(1) Section 25A of that Act (title of chairman or...
8(1) Section 80 of that Act (disqualifications for election and...
9(1) Section 83 of that Act (declaration of acceptance of...
10(1) Section 84 of that Act (resignation) is amended as...
11(1) Section 245 of that Act (status of certain districts,...
12(1) Section 270 of that Act (general provisions as to...
13(1) Schedule 2 to that Act (constitution and membership of...
14(1) Schedule 12 to that Act (meetings and proceedings of...
SCHEDULE 4 Standards Board for England
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SCHEDULE 5 Minor and Consequential Amendments
Children and Young Persons Act 1933 (c. 12)
1In section 34A of the Children and Young Persons Act...
2In section 55 of that Act (power to order parent...
Local Authority Social Services Act 1970 (c. 42)
3In section 2 of the Local Authority Social Services Act...
4In section 3 of that Act (business of social services...
5In section 13 of that Act (orders and regulations), in...
6In section 15 of that Act (citation, interpretation etc), in...
7In Schedule 1 to that Act (enactments conferring functions assigned...
Local Government Act 1972 (c. 70)
8In section 80 of the Local Government Act 1972 (disqualifications...
9In section 85 of that Act (vacation of office by...
10In section 86 of that Act (declaration by local authority...
11In section 87(1) of that Act (date of casual vacancies)—...
12Sections 94 to 98 of that Act (restrictions on voting)...
13Section 105 of that Act (disability for voting on account...
Local Government Act 1974 (c. 7)
14In section 25(1) of the Local Government Act 1974 (authorities...
15In section 30 of that Act (reports on investigation by...
Adoption Act 1976 (c. 36)
16In section 2 of the Adoption Act 1976 (local authorities’...
National Health Service Act 1977 (c. 49)
17In section 28A of the National Health Service Act 1977...
Registered Homes Act 1984 (c. 23)
18In its application to a registration authority which are operating...
Children Act 1989 (c. 41)
19In section 22 of the Children Act 1989 (general duty...
20In section 42 of that Act (right of guardian ad...
21In section 81 of that Act (inquiries), in subsection (1)(a)...
22In section 105 of that Act (interpretation), in subsection (5)...
23In its application to a local authority (within the meaning...
Local Government and Housing 1989 (c. 42)
24(1) Section 5 of the Local Government and Housing Act...
25Section 19 of that Act (members’ interests) ceases to have...
26Sections 31 and 32(1) of that Act (National Code of...
27Sections 33 to 35 of that Act (economic development and...
Tribunals and Inquiries Act 1992 (c. 53)
28In Part I of Schedule 1 to the Tribunals and...
Audit Commission Act 1998 (c. 18)
29In section 37 of the Audit Commission Act 1998 (social...
30In section 49 of that Act (restriction on disclosure of...
Greater London Authority Act 1999 (c. 29)
31In section 6 of the Greater London Authority Act 1999...
32Section 13 of that Act (failure of Mayor to attend...
33In section 31 of that Act (limits of the general...
34Section 66 of that Act (the Secretary of State’s guidance...
SCHEDULE 6 Repeals

Local Government Act 2000

2000 c. 22

An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C3C2C4C5C6C7

Annotations:
Modifications etc. (not altering text)
C3

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C4

Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3), (7)

C5

Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)