Statutory Instruments
Local Government, England
Made
3rd March 2015
Laid before Parliament
5th March 2015
Coming into force
1st April 2015
The Secretary of State for Communities and Local Government makes these Regulations, in exercise of the powers conferred by section 3(1), (2), (3) and (4) of the Local Government, Planning and Land Act 1980(1).
In accordance with section 3(11) of the Local Government, Planning and Land Act 1980, before making these Regulations the Secretary of State consulted with such associations of authorities to whom section 2(1) of the Local Government, Planning and Land Act 1980(2) applies as appeared to him to be concerned.
The Secretary of State is of the opinion that it is necessary to make these Regulations to ensure that authorities in England to whom section 2(1) of the Local Government, Planning and Land Act 1980 applies publish information specified in the Local Government Transparency Code 2015(3), in the manner and form and on the occasions specified in that Code.
1. These Regulations may be cited as the Local Government (Transparency Requirements) (England) Regulations 2015 and shall come into force on 1st April 2015.
2.—(1) An authority to which the Code applies, other than a parish council whose gross annual income or expenditure (whichever is the higher) is £6.5 million or less, must publish the information specified in Part 2 of the Code in the manner and form and on the occasions specified in Part 2 of the Code.
(2) In this regulation, “the Code” means the Local Government Transparency Code 2015, issued on 27th February 2015 by the Secretary of State for Communities and Local Government(4).
3. The Local Government (Transparency Requirements) (England) Regulations 2014(5) are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Brandon Lewis
Minister of State
Department for Communities and Local Government
3rd March 2015
(This note is not part of the Regulations)
Under section 2 of the Local Government, Planning and Land Act 1980 the Secretary of State may issue a code of recommended practice on publication of information by local authorities. Under section 3 of the 1980 Act, the Secretary of State may by regulations require authorities to publish the information specified in such a code, in the manner and form and on the occasions specified in that code.
These Regulations require local authorities in England to which section 2(1) of the 1980 Act applies, other than parish councils under a specified threshold and parish meetings, to comply with Part 2 of the Local Government Transparency Code 2015 issued on 27th February 2015 (“the Code”). On the date these Regulations come into force the Code replaces the Local Government Transparency Code 2014 which was issued on 3rd October 2014 (“the 2014 Code”). Regulation 3 of these Regulations revokes the Regulations which made compliance with the 2014 Code mandatory.
The Code can be accessed at www.gov.uk/government/publications/local-government-transparency-code-2015 and copies may be obtained from the Department for Communities and Local Government, 2 Marsham Street, London SW1P 4DF.
An impact assessment of the effect that this instrument will have on the costs of local government is available at www.gov.uk and is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
Section 2(1) was amended by sections 84 and 102 of, and paragraphs 59 of Schedule and Schedule 17 to, the Local Act 1985 (c.51); section 237 of, and Part 1 of Schedule 13 to, the Education Reform Act 1988 (c.40); section 328 of, and paragraph 28 of Part 1 of Schedule 29 to, the Greater London Authority Act 1999 (c.29); section 20 of the Local Government Act 1999 (c.27); section 53(1) of, and paragraph 49(1) and (2) of Schedule 1 to, the Fire and Rescue Services Act 2004 (c.21); sections 136(3) and 209(2) of, and paragraph 1 of Schedule 7 and paragraph 36(1) and (2) of Part 2 of Schedule 13 to, the Local Government and Public Involvement in Health Act 2007 (c.28); section 119 and paragraphs 48 and 29 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c.20); and section 38 of the Local Audit and Accountability Act 2014 (c.2). There are other amendments in relation to Scotland and Wales which are not relevant to this instrument.
Issued on 27th February 2015.
ISBN 978-1-4098-4484-6.