Part 12Entities controlled etc by local authorities
I1212Entities controlled etc by local authorities
1
An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.
2
The Secretary of State may make an order under this section in relation to—
a
all English local authorities;
b
English local authorities of particular descriptions;
c
particular English local authorities.
3
The Welsh Ministers may make an order under this section in relation to—
a
all Welsh local authorities;
b
Welsh local authorities of particular descriptions;
c
particular Welsh local authorities.
4
An order under this section may also include provision which requires, prohibits or regulates—
a
the taking of specified actions by a local authority in relation to entities connected with the local authority;
b
the taking of specified actions by members or officers of a local authority who are qualifying persons.
5
An order under this section may make provision in relation to—
a
every entity connected with a local authority;
b
such entities of a particular description.
6
For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—
a
it is an entity other than the local authority; and
b
according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.
7
In this section—
“actions” includes courses of action;
“English local authority” means a local authority in England;
“entity” means any entity, whether or not a legal person;
“financial year” means a period for which accounts of the local authority must be prepared by reason of section 2 of the Audit Commission Act 1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23);
“local authority” means any body which—
- a
is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act); and
- b
is required to prepare statements of accounts by regulations made under section 27 of the Audit Commission Act 1998 or section 39 of the Public Audit (Wales) Act 2004;
- a
“qualifying person” means a person who—
- a
is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or
- b
is a member or director of such an entity or the holder of any other specified position in relation to such an entity;
- a
“specified” means specified, or of a description specified, by the order;
“Welsh local authority” means a local authority in Wales.