Local Democracy, Economic Development and Construction Act 2009

Supplementary

5 Provision of information

(1) The duties in sections 2 and 3 do not apply to a principal local authority in relation to any other authority or body if or to the extent that, having been requested to do so, that authority or body has not made the necessary information available to the principal local authority.

(2) The duty in section 4 does not apply to a principal local authority if or to the extent that, having been requested to do so, the Lord Chancellor has not made the necessary information available to the principal local authority.

(3) For the purposes of this section the appropriate national authority may by order impose requirements relating to the provision of information to principal local authorities by—

(a) authorities which are connected with principal local authorities for the purposes of section 2, or

(b) the bodies referred to in section 3(2).

(4) Requirements imposed under subsection (3) may relate in particular to the provision of information by a particular authority or body or by authorities or bodies of a particular description.

(5) References in subsections (1) to (3) to principal local authorities do not include any district council for an area for which there is a county council.

(6) Where a principal local authority in England is the district council for an area for which there is a county council—

(a) the county council must, at least once a year, request any authority, body or other person in relation to which the district council is also under a duty under section 2, 3 or 4 for the information that the district council needs in order to discharge the duty in that section,

(b) the county council must pass on to the district council any information received by the county council under paragraph (a),

(c) if at any time the county council is notified of any changes to information previously passed on by it under paragraph (b), the county council must inform the district council accordingly, and

(d) the duties in sections 2, 3 and 4 do not apply to the district council in relation to any authority, body or other person if or to the extent that the county council has not made the necessary information available to the district council under this subsection.

6 Guidance

(1) The appropriate national authority may give guidance to principal local authorities in relation to the discharge of their duties under this Chapter.

(2) Guidance under this section—

(a) may be given generally or to one or more particular principal local authorities;

(b) may be different for different principal local authorities;

(c) must be published.

(3) Before giving guidance under this section the appropriate national authority must consult the principal local authorities to which it is given.

(4) A principal local authority must, in deciding how to discharge its duties under this Chapter, have regard to any guidance given to it under this section.

7 Isles of Scilly

The Secretary of State may by order apply the provisions of this Chapter to the Council of the Isles of Scilly, with or without modifications.