23“Local authority”E+W
(1)The following are local authorities for the purposes of this Part—
(a)a county council;
(b)a county borough council;
(c)a district council;
(d)the Greater London Authority;
(e)a functional body, within the meaning of the Greater London Authority Act 1999 (c. 29);
(f)a London borough council;
(g)the Common Council of the City of London, in its capacity as a local authority, police authority or port health authority;
(h)the Council of the Isles of Scilly;
F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)an authority established under section 10 of the Local Government Act 1985 (c. 51) (waste disposal authorities);
(k)a joint authority established by Part 4 of that Act [F2(fire and rescue services and transport)];
[F3(ka)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);]
(l)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990 (c. 8);
[F4(m)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]
(n)a police authority established under section 3 of the Police Act 1996 (c. 16);
(o)any other body specified for the purposes of this subsection by regulations under subsection (2).
(2)The Secretary of State may by regulations specify for the purposes of subsection (1) any body which is (or any class of bodies each of which is)—
(a)a levying body, within the meaning of section 74 of the Local Government Finance Act 1988 (c. 41),
(b)a body to which section 75 of that Act applies (bodies with power to issue special levies),
(c)a body to which section 118 of that Act applies (other bodies with levying powers),
(d)a local precepting authority as defined in section 69 of the Local Government Finance Act 1992 (c. 14).
(3)Regulations under subsection (2) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications.
[F5(4)This Part, other than sections 1 to 8, 13 and 17 (borrowing etc), applies in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 as it applies in relation to a local authority.
(5)This Part applies in relation to a combined authority established under section 103 of that Act as it applies in relation to a local authority, except that section 1 confers power on such a combined authority to borrow money for a purpose relevant to its transport functions only.]
Textual Amendments
F1S. 23(1)(i) omitted (1.4.2005) by virtue of Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 96
F2Words in s. 23(1)(k) substituted (1.4.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 2 para. 10(3)(e); S.I. 2005/772, art. 2(b)
F3S. 23(1)(ka) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 55(2); S.I. 2008/917, art. 2(1)(p)
F4S. 23(1)(m) substituted (1.10.2004 except in relation to W. and otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 100; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F5S. 23(4)(5) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 117(2); S.I. 2009/3318, art. 2(c)
Modifications etc. (not altering text)
C1Meaning of “local authority” in Pt. 1 modified (5.3.2008) by Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 9(9)(c)
C2Meaning of “local authority” in Pt. 1 modified (28.3.2008) by Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 20(7)(c)
Commencement Information
I1S. 23 in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)
I2S. 23 in force at 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004 by S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)