Part 12Entities controlled etc by local authorities
I1214Further provision about orders
1
F42
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3
The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—
a
requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;
b
prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;
c
requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.
4
The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—
a
requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;
b
prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;
c
requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.
5
Nothing in subsections (1) to (4) affects the generality of section 212(1) or (4) or 213(2).
6
Where an order under section 212—
a
makes provision in relation to entities of a particular description, or
b
makes provision in relation to the trustees of trusts of a particular description,
it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.
7
In subsection (6) “relevant document”—
a
means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and
b
includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).
8
An order under section 212 may include incidental, consequential, transitional or supplementary provision.
9
In this section the following have the same meaning as in section 212—
“actions”;
“entity”;
“local authority”;
“qualifying person”;
F5Welsh local authority;
and references to a trust connected with a local authority have the same meaning as in section 213.
F610
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