Explanatory Notes

Localism Act 2011

2011 CHAPTER 20

15 November 2011

Commentary

Part 5: Community Empowerment

Chapter 2: Community Right to Challenge
Sections 83 and 84: Consideration of expressions of interest

221.Sections 83 and 84 require a relevant authority that has received an expression of interest to consider it and respond by either accepting it, with or without modification, and running a procurement exercise for the service; or rejecting it on grounds specified by the Secretary of State. Any modification can only be made where the expression of interest would otherwise be rejected and must be agreed by the body submitting it. An authority must notify the body that submitted an expression of interest of their decision, including the reasons where it decides to reject or modify, and publish the notification. The relevant authority must specify minimum and maximum periods between an expression of interest being accepted and it starting a procurement exercise; and the maximum period between an expression of interest being accepted and the relevant body being notified of the decision. The relevant authority must consider how both the expression of interest and the procurement exercise might promote or improve the social, economic or environmental well-being of the authority’s area. An expression of interest can be withdrawn by the submitting body at any time.