Local Government Act 1992

Part IE+W+S Citizen’s Charter Provisions

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

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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 [F31or 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[F32—

(a)facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectiveness [F33and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1)] between—]

[F34(i)]the standards of performance achieved by different relevant bodies in that financial year [F35or other period]; and

[F34(ii)]the standards of performance achieved by such bodies in different financial years [F36or, as the case may be, other periods].

[F37(b)facilitate the drawing of conclusions about the discharge of those bodies' functions under [F38Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015].]

(2)Where a relevant body are required by a direction under this section to publish information in relation to any financial year [F39or 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 [F40six] months beginning with the end of that financial year [F39or other period], to publish the information, in accordance with the direction, [F41and 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

F1212 The Local Government Commission for England.E+W+S

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Functions of the Local Government CommissionE+W

F13 13 Reviews and RecommendationsE+W

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F1314 Changes that may be recommended.E+W

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F1314ARequests for single-member electoral areasE+W

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F1314BProvision supplementary to section 14AE+W

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F1315 Procedure on a review.E+W

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F1415A Alternative procedure on a reviewE+W

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F1516 Consultation with the Audit Commission.E+W

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Implementation of recommendationsE+W

F1617 Implementation of recommendations by order.E+W

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F1718 Consequences of structural changes etc.E+W

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F1819 Regulations for supplementing orders.E+W

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F1920 Agreements as to incidental matters.E+W

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F1921 Joint authorities.E+W

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F1922 Residuary bodies.E+W

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F2023 Staff commissions.E+W

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Supplemental provisions of Part IIE+W

F2124 Abolition of the Local Government Boundary Commission for England.E+W

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F2225 Application of Part II to the Isles of Scilly.E+W

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F2326 Orders, regulations and directions under Part II.E+W

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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.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M1Local Government Act 1972;

• “the 1973 Act” means the M2Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M3Local Government, Planning and Land Act 1980;

• F25“the 1982 Act” means the M4Local Government Finance Act 1982;

• “the 1988 Act” means the M5Local Government Act 1988;

• F25“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• F25“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;

• F26...

• “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 M6National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

• “staff” includes officers and employees.

[F25(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).]

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F28(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 M7Interpretation 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.

F29(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)[F30Part II of Schedule 4, apart from so much of that Part] as makes a repeal in the M8House 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.