Part IE+W+S Citizen’s Charter Provisions

Performance standards of local authorities etc.E+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

1 Publication of information as to standards of performance.S

(1)The Audit Commission and the Scottish Accounts Commission shall each give such directions as it thinks fit for requiring relevant bodies to publish such information relating to their activities in any financial year [F94or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the direction]as will, in that Commission’s opinion[F95—

(a)facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectiveness[F96and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1)] between— ]

[F97(i)]the standards of performance achieved by different relevant bodies in that financial year[F98or other period]; and

[F97(ii)]the standards of performance achieved by such bodies in different financial years[F99or, as the case may be, other periods].

[F100(b)facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).]

(2)Where a relevant body are required by a direction under this section to publish information in relation to any financial year[F101or other period], it shall be the duty of that body—

(a)to make such arrangements for collecting and recording the information as secure that the information is available for publication and, so far as practicable, that everything published in pursuance of the direction is accurate and complete;

(b)within the period of [F102six] months beginning with the end of that financial year[F101or other period], to publish the information, in accordance with the direction, [F103and by one of the methods permitted by section 1A below]; and

(c)to keep a document containing any information published in pursuance of the direction available for inspection by interested persons.

(3)The Secretary of State may by order made by statutory instrument vary the period for the time being specified in paragraph (b) of subsection (2) above so as to fix the latest time for the publication of information in accordance with that paragraph at any such time, within the period of nine months after the end of the financial year in question, as may be specified in the order; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)An interested person shall be entitled—

(a)at all reasonable times and without payment, to inspect and make copies of the whole or any part of a document kept available for inspection under subsection (2)(c) above; and

(b)to require copies of the whole or a part of any such document to be delivered to him on payment of a reasonable sum for each copy.

(5)Any person having custody of any document kept available for inspection under subsection (2)(c) above who—

(a)obstructs a person in the exercise of his rights under subsection (4) above; or

(b)refuses to comply with a requirement under subsection (4)(b) above,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)References in this section to an interested person, in relation to any document which is required to be kept available by a relevant body in England and Wales, are references to any local government elector (within the meaning of the 1972 Act) for the area of that body.

(7)References in this section and sections 2 and 3 below to a relevant body are references—

(a)in relation to England and Wales, to any body with which the Audit Commission is concerned, other than one falling within subsection (8) below; and

(b)in relation to Scotland, to any local authority, joint board or joint committee, within the meaning of the 1973 Act.

(8)Subject to section 4 below, the bodies with which the Audit Commission is concerned which shall not be relevant bodies for the purposes of this section and sections 2 to 3 below are—

(a)parish and community councils and any parish meeting of a parish not having a separate parish council;

(b)charter trustees constituted under section 246 of the 1972 Act;

(c)health service bodies within the meaning of Part III of the 1982 Act;

(d)port health authorities;

(e)licensing planning committees;

(f)internal drainage boards;

(g)probation committees; and

(h)Passenger Transport Executives.

F2 1A Permitted methods of publishing information.E+W+S

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F32 Directions under s. 1.E+W+S

(1)A direction under section 1 above requiring the publication of information shall—

(a)identify the financial year or years[F4or other periods] in relation to which the information is to be published;

(b)specify or describe the activities to which the information is to relate; and

(c)make provision as to the matters to be contained in the information and as to the form in which it is to be published.

(2)A direction under section 1 above—

(a)may be given so as to apply either to all the relevant bodies with which the Commission giving the direction is concerned or to all such bodies as are of a description specified in the direction; and

(b)may be varied or revoked by any subsequent direction under that section.

(3)Before giving a direction under section 1 above which imposes a new requirement on any relevant body as to the publication of any information the Audit Commission or Scottish Accounts Commission shall consult such associations of relevant bodies and such other persons as it thinks fit.

(4)A direction under section 1 above imposing a new requirement on any relevant body as to the publication of any information shall not be given any later than the 31st December in the financial year which precedes that in relation to which the information is to be published[F5or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.]

(5)Where the Audit Commission or the Scottish Accounts Commission gives a direction under section 1 above, it shall—

(a)publish the direction in such manner as it considers appropriate for bringing it to the attention of members of the public; and

(b)send a copy of the direction to every relevant body on whom duties are imposed by virtue of the direction.

(6)References in this section to the imposition of a new requirement on a relevant body as to the publication of information are references to—

(a)the imposition of any requirement by the first direction under section 1 above to apply to that body; or

(b)any subsequent extension of, or addition to, either—

(i)the matters to be contained in the information which that body are required to publish in relation to any financial year in pursuance of directions under section 1 above; or

(ii)the activities to which any such information is to relate.

F63 Functions of auditor and studies by the Commissions.E+W+S

(1)In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted “and

(d)in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(2)In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted “and

(d)in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(3)The comparative and other studies which the Audit Commission is required to undertake or promote under section 26(1) of the 1982 Act, and those which the Scottish Accounts Commission is required to undertake or promote under section 97A(1) of the 1973 Act, shall include, in particular—

(a)studies designed to enable the Audit Commission or, as the case may be, the Scottish Accounts Commission to determine what directions it should give under section 1 above; and

(b)studies of information published in pursuance of directions under section 1 above which are designed to enable the Commission in question to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by relevant bodies;

but neither Commission shall be required by section 26(4) of the 1982 Act or section 97A(3) of the 1973 Act to consult any person before undertaking or promoting a study falling within paragraph (a) or (b) above.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Auditors’ reports and recommendationsE+W+S

F85 Duty to consider auditor’s report or recommendation.E+W+S

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F96 Publicity requirements for meetings under s. 5.E+W+S

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Publication of information by the Audit CommissionE+W

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

CompetitionE+W+S

F119 Power to define conduct as competitive or anti-competitive.S

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F1110 Publicity for tender specifications.S

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F1111 Amendments of competition provisions.S

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Part IIE+W+S Local Government Changes for England

The Local Government CommissionE+W+S

12 The Local Government Commission for England.E+W+S

(1)There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below.

(2)Schedule 2 to this Act shall have effect with respect to the Local Government Commission.

Functions of the Local Government CommissionE+W

[F12 13 Reviews and RecommendationsE+W

F13( 1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Electoral Commission may direct the Boundary Committee for England—

(a)to conduct a review of a specified area in England, and

(b)to recommend whether an electoral change should be made in respect of that area.

(4)The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a)to conduct a review of each principal area in England, and

(b)to recommend whether an electoral change should be made in respect of that area.

(5)In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

(a)the need to reflect the identities and interests of local communities,

(b)the need to secure effective and convenient local government,

(c) the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972 F15 (equality of representation), and

(d) any scheme for elections specified by order under section 86 of the Local Government Act 2000 F16 (power to specify a scheme for elections).

(6)The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7)A direction may, in particular, require the Boundary Committee for England to have regard to—

F17( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

14 Changes that may be recommended.E+W

(1)For the purposes of this Part—

F18(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an electoral change is a change of electoral arrangements for any local government area, F20...

F21...

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (1)(c) above “electoral arrangements” means—

(a)in relation to a principal area—

(i)the number of councillors of the council for that area;

(ii)the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;

(iii)the number of councillors to be elected for any electoral area in that principal area F24. . .; and

(iv)the name of any electoral area;

(b)in relation to a parish council—

(i)the number of councillors;

(ii)the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;

(iii)the number and boundaries of any such wards;

(iv)the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and

(v)the name of any such ward.

F25(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(8) Notwithstanding section 6(2)(a) of the M1 Local Government Act 1972, the [F29 the Boundary Committee for England ] may recommend under [F30[F31 section 13(3) or (4) ] above ] that an electoral division of a non-metropolitan county should return more than one councillor. ]

15 Procedure on a review.E+W

(1)As soon as reasonably practicable after being directed to conduct a review, the [F32Boundary Committee for England] shall take such steps as [F32they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a)the direction requiring that review to be conducted;

(b)any other directions under this Part which are relevant to the review; and

(c)the period within which representations with respect to the subject-matter of the review may be made.

(2)As soon as reasonably practicable after [F33being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England] shall take such steps as [F33they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a)the fact that the [F33Committee are] to conduct a periodic review of that area;

(b)any directions under this Part which are relevant to the review; and

(c)the period within which representations with respect to the subject-matter of the review may be made.

(3)In conducting a review, the [F34Boundary Committee for England] shall—

(a)take into consideration any representations made to [F34them] within the period mentioned in subsection (1)(c) or (2)(c) above;

(b)prepare draft recommendations and take such steps as [F34they consider]sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;

(c)deposit copies of the draft recommendations at the principal office of any principal council [F35or police authority] appearing to that [F34Committee]to be likely to be affected by them; and

(d)take into consideration any representations made to that [F34Committee]within that period.

[F36(4)As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall—

(a)submit a report to the Commission together with their recommendations;

(b)take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c)deposit copies of the recommendations at the principal office of any principal council or police authority appearing to the Committee to be likely to be affected by them.]

(5)Copies of any draft recommendations deposited at the principal office of a principal council under subsection (3)(c) above, and of any recommendations deposited at any such office under subsection (4)(c) above, shall be kept available for inspection at that office throughout the period within which representations with respect to them may be made or, as the case may be, within which they may be inspected.

[F37(6)Where the report on a review is submitted to the Electoral Commission under subsection (4) above, the Commission may—

(a)direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit a further report under subsection (4) containing different recommendations; or

(b)direct the Boundary Committee for England to conduct a further review of all or part of the area to which the report relates and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.]

[F38(7)The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7A)A direction may, in particular, require the Boundary Committee for England to have regard to—

F39( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

(8)This section shall have effect as if the Common Council of the City of London were a principal council and the City of London included the Inner Temple and the Middle Temple.

[F4015A Alternative procedure on a reviewE+W

(1)Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England not to follow the procedure on a review set out in section 15 above but—

(a)to take sufficient steps to secure that persons who may be interested in the matters which are the subject of review are informed of them and of the period within which representations about them may be made;

(b)to take into consideration any such representations made to them within that period; and

(c)to inform any person who has made representations of the recommendations which are made to the Electoral Commission.]

F4116 Consultation with the Audit Commission.E+W

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Implementation of recommendationsE+W

17 Implementation of recommendations by order.E+W

F42(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(1A)Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee]

(2)No order under this section shall be made before the end of the period of six weeks beginning with [F44the receipt of recommendations or the submission of a report]; and before making such an order, F45. . .

F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(b)the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.]

(3)F48... an order under this section may, in particular, include provision which, for the purpose of giving effect (with or without modifications) to recommendations of the F49[F50... Boundary Committee for England], makes provision with respect to—

F51(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;

(e)without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;

F54(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F55... the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;

F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F60 A power] to make an order under this section shall include power to make any such provision in relation to the other provisions of that order, or to the provisions of any previous order under this section, as is equivalent to that which may be contained in regulations under section 19 below F61....

F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F64(7)An order under [F65subsection (1A) above.] may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply.]

F6618 Consequences of structural changes etc.E+W

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19 Regulations for supplementing orders.E+W

(1)The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as he thinks necessary or expedient for the purposes or in consequence of any orders under section 17 above, or for giving full effect to orders under that section.

F67(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In their application in relation to any order under section 17 above, regulations under this section shall have effect subject to any provision made under that section.

(4)Any regulations under section 67 of the 1972 Act (regulations in connection with implementation of proposals under Part IV of that Act) which are in force at the commencement of this section shall have effect, without prejudice to their operation in relation to any order made under that Part after the commencement of this section (whether by virtue of section 24(3) below or otherwise) and subject to any regulations under this section, as if orders under section 17 above were orders under that Part.

F6820 Agreements as to incidental matters.E+W

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F6821 Joint authorities.E+W

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F6822 Residuary bodies.E+W

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F6923 Staff commissions.E+W

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Supplemental provisions of Part IIE+W

F7024 Abolition of the Local Government Boundary Commission for England.E+W

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25 Application of Part II to the Isles of Scilly.E+W

The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.

26 Orders, regulations and directions under Part II.E+W

(1)The powers of the Secretary of State [F71or the Electoral Commission] under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—

F72(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)it effects only electoral changes F74....

F75(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F76(3)Every power of the Secretary of State under this Part to make F77... regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies]

(4)Any power of the Secretary of State by F78... regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a)to apply with or without modifications;

(b)to extend, exclude or amend; or

(c)to repeal or revoke with or without savings,

any enactment, any instrument made under any enactment or any charter, whenever granted.

F79(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where F80[F81... the Electoral Commission are satisfied] that—

(a)a mistake has occurred in the preparation of an order under any provision of this Part; and

(b)the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2Interpretation Act 1978 (implied power to amend),

F82[F81... they may] by order under this subsection make such provision as F83[F81... they think] necessary or expedient for rectifying the mistake.

(7)In this section—

• “enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and

• “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

27 Amendments relating to local government changes.E+W

(1)Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

(2)In considering the electoral arrangements for any local government area for the purposes of this Part [F84the Electoral Commission and the Boundary Committee for England] shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—

(a)until the commencement of section 24 above, as including a reference to the Local Government Commission; and

(b)thereafter, as if they were references to the [F84the Electoral Commission and the Boundary Committee for England] or the Local Government Boundary Commission for Wales.

(3)In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.

Part IIIE+W+S General

28 Interpretation.E+W+S

(1)In this Act, except where the context otherwise requires—

• “the 1972 Act” means the M3Local Government Act 1972;

• “the 1973 Act” means the M4Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M5Local Government, Planning and Land Act 1980;

• F85“the 1982 Act” means the M6Local Government Finance Act 1982;

• “the 1988 Act” means the M7Local Government Act 1988;

• F85“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• F85“auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;

• “contravention” includes a failure to comply;

• “financial year” means the twelve months ending with 31st March;

• “local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;

• “local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;

• “the Local Government Commission” means the Local Government Commission for England;

• “modifications” includes additions, alterations and omissions;

• “principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;

• “principal council” means a council elected for a principal area;

• “public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;

• “the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the M8National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

• “staff” includes officers and employees.

[F85(2)References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).]

(3)References in this Act (however framed) to a body affected by any recommendations, changes or order under Part II of this Act include references to a body whose area or functions are so affected or to a body which is to cease to exist in pursuance of the recommendations, changes or order and, in relation to an order, include a body which is established under or in consequence of the order.

29 Consequential amendment, repeals and saving.E+W+S

F86(1)Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.

(2)The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)Without prejudice to sections 16 and 17 of the M9Interpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.

30 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Local Government Act 1992.

F87(2)Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)The following provisions of this Act, that is to say—

(a)sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and

(b)section 24, Schedule 3 and Part II of Schedule 4,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

(4)The following provisions of this Act do not extend to Scotland, that is to say—

(a)sections 4 and 7;

(b)Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and

(c)[F88Part II of Schedule 4, apart from so much of that Part] as makes a repeal in the M10House of Commons Disqualification Act 1975.

(5)Except for the purposes of—

(a)the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and

(b)so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,

this Act does not extend to Northern Ireland.

SCHEDULES

Section 11.

SCHEDULE 1E+W+S Amendments of Competition Provisions

[F89 The Local Government, Planning and Land Act 1980 (c. 65)E+W+S

1 S In section 7(1B) of the 1980 Act (no failure to fulfil competition condition unless local authority are aware of failure when they propose to enter into contract), for the words from “unless” to “aware” there shall be substituted the words “ unless the local authority have become aware, before entering into the contract, ” .

[ 2 (1) In subsection (2) of section 9 of the 1980 Act (obligation to prepare written statement as to the amounts that will be credited to an authority’s DLO revenue account in respect of certain work), after the word “first” there shall be inserted the words “ , in accordance with such requirements (if any) as may be contained in regulations made by the Secretary of State, ” . S

(2) In subsection (4)(a) of that section (obligation to invite offers to undertake work in accordance with specified conditions), for the words “conditions specified by them” there shall be substituted the words “ a detailed specification prepared for the purposes of the invitation ” .

(3) In subsection (6) of that section (statement under subsection (2) to be consistent with conditions specified for the purposes of subsection (4)(a)), for the words “conditions corresponding to those specified in” there shall be substituted the words “ the requirements of the specification prepared for the purposes of ” . ]

[ 3 SIn section 13(2) of the 1980 Act (documents to be prepared by every local authority or development body who undertake construction or maintenance work), for paragraph (c) (statement of rate of return) there shall be substituted the following paragraph—

“(c)a statement showing whether the local authority or development body have complied with section 16(1) below.”]

4(1) In subsection (1) of section 16 of the 1980 Act (obligation to secure that revenue from certain work shows such positive rate of return as the Secretary of State may direct), for the words from “their revenue” to the end of the subsection there shall be substituted the words “ such financial objective as the Secretary of State may specify for that year is met by their revenue (as adjusted in such manner as he may so specify) for all the work of that description which is carried out in that year. ” S

(2)After that subsection there shall be inserted the following subsection—

“(1A)Where the Secretary of State specifies a financial objective under this section, he may define that objective by reference to such factors as he thinks fit.”

5 E+W+S In section 18(2B) of the 1980 Act (auditor’s obligation to consider statement of rate of return), for the words “statement of rate of return” there shall be substituted the words “ statement referred to in section 13(2)(c) above ” .

6 SIn section 19A(1) of the 1980 Act (conditions of enforcement)—

(a) after the word “work”, in the first place where it occurs, there shall be inserted the words “ , or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be ” ; and

(b) in paragraph (a), for the words “they have entered into” there shall be substituted the words “ into which that authority have entered ” .

7 (1)In section 19B of the 1980 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (5) there shall be inserted the following subsection—S

“(5A)The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—

(a)the Secretary of State has been satisfied as to any matter specified or described in the direction; or

(b)the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.”

(2) In subsection (6) of that section (power to give direction to be exercised in writing), at the end there shall be inserted the words “ and, without prejudice to subsection (4) above, shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority or body to which the direction relates. ”

8 S In section 20(2) of the 1980 Act (exclusion from references to construction and maintenance work of routine maintenance of specific building etc. by person employed for the purpose), for the words from “employed” in paragraph (b) to the end of the subsection there shall be substituted the words “who—

(i)is employed to perform duties in relation to that building or structure, or those buildings or structures; but

(ii)spends the greater part of the time required for performing the duties of his employment in the carrying out of work which is neither routine maintenance nor work of any other description falling within the meaning, for the purposes of this Part of this Act, of construction or maintenance work.”

9 S In section 23(1) of the 1980 Act (power to make different provision for different parts of Great Britain), after the word “Act” there shall be inserted the words “ and the power under section 16(1) above to specify a financial objective for local authorities and development bodies, ” .

The Local Government Act 1988 (c. 9)E+W+S

10 E+W+S In section 2(3) of the 1988 Act (power to add a paragraph to the list of defined activities), at the end there shall be inserted the words “ or by modifying any provision of Schedule 1 to this Act which for the time being excludes anything from the activities falling within any of those paragraphs. ”

11 In subsection (6) of section 4 of the 1988 Act (no failure to fulfil conditions of entering into works contract unless bidding authority are aware of failure when they propose to enter into contract), for the words from “unless” to the end of the subsection there shall be substituted the words “ unless the bidding authority have become aware of the failure before entering into the contract. ”

12 In section 6(3) of the 1988 Act (application confined to work specified in regulations), at the end there shall be inserted the words “ and regulations under this section may describe work by reference to a specified proportion of work of a particular description. ”

13 In section 13(1) of the 1988 Act (conditions of enforcement), for paragraph (b) there shall be substituted the following paragraphs—

“(b)have carried out work as regards which the conditions set out in section 7 above have to be but, in the circumstances, have not been fulfilled,

(ba)have decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled,”.

14 In section 14 of the 1988 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (4) there shall be inserted the following subsections—

“(4A)The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—

(a)the Secretary of State has been satisfied as to any matter specified or described in the direction, or

(b)the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.

(4B)Where a direction under this section imposes any condition in relation to the carrying out of any work, that direction may provide that the requirement that the condition is fulfilled is to have effect, in relation to that work, instead of any requirement which (apart from the direction) would have effect in relation to that work by virtue of this Part.

(4C)Without prejudice to subsection (3) above, the power to give a direction under this section shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority to which the direction relates.”]

Section 12.

SCHEDULE 2U.K. The Local Government Commission for England

MembershipE+W

1(1)The Local Government Commission (“the Commission”) shall consist of not less than five and not more than fifteen members who shall be appointed by the Secretary of State; and the Secretary of State shall appoint one of the members to be chairman.E+W

(2)Subject to the provisions of this paragraph, a member of the Commission shall hold and vacate office in accordance with the terms of his appointment.

(3)A person who ceases to be a member of the Commission shall be eligible for re-appointment.

(4)A member of the Commission may resign his office by notice in writing to the Secretary of State.

(5)The Secretary of State may remove a member of the Commission from office if he is satisfied that he—

(a)is unable or unfit to carry out the functions of a member; or

(b)has not complied with the terms of his appointment.

(6)A person shall cease to be chairman of the Commission—

(a)if he resigns as such by notice in writing to the Secretary of State; or

(b)if he ceases to be a member of the Commission.

Remuneration, pensions etc.E+W

2(1)The Commission shall pay to its members such remuneration, and such allowances, as the Secretary of State may determine.E+W

(2)The Commission may—

(a)pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its members as the Secretary of State may determine;

(b)make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(3)If, when any member of the Commission ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Commission shall pay to him a sum by way of compensation of such amount as the Secretary of State may determine.

(4)The approval of the Treasury is required for any determination of the Secretary of State under this paragraph.

StaffE+W

3(1)The Commission shall appoint a person to act as chief executive of the Commission and may appoint such other staff as it may determine.E+W

(2)No person shall be appointed by the Commission to act as chief executive unless the Secretary of State has consented to the appointment of that person.

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Commission with the consent of the Secretary of State.

(4)The Commission shall pay to members of its staff such remuneration, and such allowances, as the Secretary of State may determine.

(5)The Commission may—

(a)pay such p ensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as the Secretary of State may determine;

(b)make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(6)Any reference in sub-paragraph (5) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to payments by way of compensation to or in respect of any members of the Commission’s staff who suffer loss of office or employment or loss or diminution of emoluments.

(7)The approval of the Treasury shall be required for the giving of any consent under sub-paragraph (3) above or for the making of any determination under sub-paragraph (4) or (5) above.

Incidental powersE+W

4(1)Without prejudice to any powers exercisable apart from this paragraph, the Commission shall have power to do anything (whether or not involving the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of its functions.E+W

(2)The Commission shall not by virtue of this paragraph have power to borrow money or to cause any local inquiry to be held.

(3)Where the Commission requests a public body to supply the Commission with any information which the Commission reasonably requires in connection with any of its functions, it shall be the duty of that body to supply the Commission with that information.

(4)The Secretary of State may give directions as to the exercise by the Commission of any of its powers under this paragraph.

ProceedingsE+W

5(1)Subject to the following provisions of this Schedule, the Commission may regulate its own procedure (including quorum).E+W

(2)The validity of any proceedings of the Commission shall not be affected by a vacancy amongst its members or by a defect in the appointment of a member, or by a contravention of paragraph 7 below.

(3)The Secretary of State may give directions as to the exercise by the Commission of its power under this paragraph to regulate its procedure.

Delegation of powersE+W

6E+WAnything authorised or required by or under this Act to be done by the Commission may be done by any member of the Commission, or of its staff, who has been authorised for the purpose, whether generally or specially, by the Commission or may be done by any committee or sub-committee of the Commission which has been so authorised.

Members’ interestsE+W

7E+WA member of the Commission who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission shall disclose the nature of his interest to the meeting; and where such a disclosure is made the member shall not take part in any deliberation or decision of the Commission with respect to that matter.

Application of seal and proof of instrumentsE+W

8(1)The application of the seal of the Commission shall be authenticated by the signature of any member of the Commission, or of its staff, who has been authorised by the Commission, whether generally or specially, for the purpose.E+W

(2)Every document purporting to be an instrument issued by the Commission and to be duly sealed with the seal of the Commission or to be signed on behalf of the Commission shall be received in evidence and, unless the contrary is shown, shall be deemed to be an instrument so issued.

Finances of the CommissionE+W

9(1)The Secretary of State shall, in respect of each accounting year, pay to the Commission such amount as he may, with the approval of the Treasury, determine to be the amount required by the Commission for the carrying out during that year of its functions under this Act.E+W

(2)Any sums required by the Secretary of State for making a payment under sub-paragraph (1) above shall be paid out of money provided by Parliament.

(3)In this paragraph and paragraph 10 below “accounting year” means the period beginning with the day on which the Commission is established and ending with the financial year current on that date, and each successive financial year.

AccountsE+W

10(1)The Commission shall—E+W

(a)keep proper accounts and records in relation to the accounts; and

(b)prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State, with the approval of the Treasury, may direct.

(2)The accounts of the Commission shall be audited by persons appointed for the purpose for each accounting year by the Secretary of State.

(3)A copy of any accounts of the Commission audited under sub-paragraph (2) above and of the report made on those accounts by the persons appointed to audit them shall be sent to the Secretary of State as soon as reasonably practicable after the report is received by the Commission; and the Secretary of State shall lay before Parliament a copy of any accounts or report sent to him under this sub-paragraph.

The Parliamentary CommissionerU.K.

11U.K.In the M11Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted, at the appropriate place, the following entry— “ Local Government Commission for England. ”

House of Commons disqualificationU.K.

12U.K.In Schedule 1 to the M12House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons), in Part II there shall be inserted, at the appropriate place, the following entry— “ The Local Government Commission for England ”; and the like insertion shall be made in Part II of Schedule 1 to the M13Northern Ireland Assembly Disqualification Act 1975.

Section 27.

SCHEDULE 3U.K. Amendments consequential on Part II

The Fire Services Act 1947 (c. 41)E+W

1E+WIn section 6 of the Fire Services Act 1947 (power of the Secretary of State to make combination schemes)—

(a)in subsection (2), after the word “thereto” there shall be inserted the words “ or subsection (2A) of this section applies ”; and

(b)after that subsection there shall be inserted the following subsection—

“(2A)If, in a case where the authorities to whom notice of a proposed scheme has been given under subsection (2) of this section do not assent thereto—

(a)it appears to the Secretary of State that the proposed scheme contains only such provision as is appropriate in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning of that Part); and

(b)the period (if any) that has elapsed between the making of that order and the giving of that notice does not exceed twelve months,

the Secretary of State shall be under a duty to consider any representations made by those authorities with respect to the proposed scheme within such period as may have been specified in the notice, but shall not be required under that subsection to cause a public local inquiry to be held.”

2E+WIn section 10 of that Act (schemes for combination of fire areas in advance of alterations of local government areas)—

(a)for the words from “constituting” to “a county” there shall be substituted the words “ or Part II of the Local Government Act 1992 affecting any area ”;

(b)for the words “that date” there shall be substituted the words “ the date on which that order gives effect to any transfer of functions or alteration of boundaries in relation to that area ”; and

(c)for the words from “as if” onwards there shall be substituted the words “as if—

(a)references to the area of a fire authority included references to any area which (apart from any combination scheme under this section) would become such an area by virtue of such an order or which, in accordance with such an order, is to be treated, for the purposes of the making of any combination scheme, as an area which would become the area of a fire authority by virtue of that order; and

(b)references, in relation to such an area, to the fire authority were references to the fire authority for any area the whole or any part of which will be included in that area.”

The Police Act 1964 (c. 48)E+W

F903E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F914E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F925E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1972 (c.70)E+W

6E+WIn section 6(2)(c) of the 1972 Act (term of office and retirement of councillors), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

7(1)In subsection (6) of section 7 of the 1972 Act (election of councillors), for the words “section 51 below” there shall be substituted the words “ section 17 of the Local Government Act 1992 ”.E+W

(2)In subsection (7) of that section—

(a)for the words “ask the English Commission to make proposals” there shall be substituted the words “ direct the Local Government Commission for England to conduct a review and make recommendations ”; and

(b)for the words following paragraph (b) there shall be substituted the words— “ and the provisions of Part II of the Local Government Act 1992 shall apply accordingly ”.

8E+WIn section 9(4) of the 1972 Act (parish meetings and councils), for the words “section 10 or 11 or Part IV below” there shall be substituted the words “ section 10 or 11 below or Part II of the Local Government Act 1992 ”.

9E+WIn section 11(5)(a) of the 1972 Act (orders for grouping parishes, dissolving groups and separating parishes from groups), for the words “Part IV below” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

10E+WIn subsection (2) of section 12 of the 1972 Act (provision supplementary to sections 9 to 11 of that Act), for the words from “section 68 below” to the end of the subsection there shall be substituted the words “ section 20 of the Local Government Act 1992 shall apply as if the order were made under Part II of that Act ”.

11E+WIn section 30(1)(b) and (3) of the 1972 Act (restriction on community applications during and after reviews under Part IV of that Act), for the words “the Commission or Commissions”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

12E+WIn section 54(1)(e) of the 1972 Act (proposals for change in local government areas in Wales), for the words “a substantive change” there shall be substituted the words “ a change (hereafter in this Part referred to as a substantive change) which is independent of any change in local government areas so proposed ”.

13(1)In subsection (1) of section 60 of the 1972 Act (procedure for reviews), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”.E+W

(2)In subsections (2) to (7) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

14E+WIn section 61(1) of the 1972 Act (local inquiries), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”.

15(1)In subsection (1) of section 65 of the 1972 Act (delegation of functions), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”.E+W

(2)In subsection (2) of that section, for the words “a Commission” there shall be substituted the words “ the Welsh Commission ”.

16(1)In subsection (1) of section 71 of the 1972 Act (modification of seaward boundaries of local government areas), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”.E+W

(2)In subsection (2) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

17E+WIn section 73(2) of the 1972 Act (alteration of local boundaries consequent on alteration of water course), for the words “the English Commission” there shall be substituted the words “ the Local Government Commission for England ”.

18(1)In subsection (1) of section 78 of the 1972 Act (supplementary), in the definition of “substantive change” for the words “section 47(1)(i)” there shall be substituted the words “ section 54(1)(e) ”.E+W

(2)In subsection (2) of that section, for the words “each of the Commissions” there shall be substituted the words “ the Welsh Commission ”.

19(1)In paragraph 7(1)(b) of Schedule 2 to the 1972 Act (constitution of London borough councils), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.E+W

(2)In paragraph 7(2) of that Schedule, for the words “Part IV of this Act”, in the first place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

20E+WIn paragraph 10 of Schedule 3 to the 1972 Act (establishment of local authorities in England), for the words “Part IV of this Act”, in each place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

The Interpretation Act 1978 (c. 30)U.K.

21U.K.In Schedule 1 to the Interpretation Act 1978, in the definition of “London borough” after the words “the Local Government Act 1972” there shall be inserted the words “ or Part II of the Local Government Act 1992 ”.

The Banking Act 1987 (c. 22)E+W+S

F9322E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29.

SCHEDULE 4U.K. Repeals

Part IE+W Repeals relating to Part I

Part IIU.K. Repeals relating to Part II