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E+W+S+N.I.

Local Government, Planning and Land Act 1980

1980 CHAPTER 65

An Act to relax controls over local and certain other authorities; to amend the law relating to the publication of information, the undertaking of works and the payment of allowances by local authorities and other bodies; to make further provision with respect to rates and to grants for local authorities and other persons and for controlling the expenditure of local authorities; to amend the law relating to planning; to make provision for a register of public land and the disposal of land on it; to repeal the Community Land Act 1975; to continue the Land Authority for Wales; to make further provision in relation to land compensation, development land, derelict land and public bodies’ acquisitions and disposals of land; to amend the law relating to town development and new towns; to provide for the establishment of corporations to regenerate urban areas; to make further provision in relation to gipsies and their caravan sites; to abolish the Clean Air Councils and certain restrictions on the Greater London Council; to empower certain further authorities to confer honorary distinctions; and for connected purposes.

[13th November 1980]X1

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Editorial Information

X1The text of ss. 1–24, 25, 26(1)(2), 27(2), 48–68, 70–85, 93–100, 173–178, 180–183, 184(1), 185–197, Schs. 1–13, 16, 33, 34 was taken from SIF group 81:1 (Local Government); the text of ss. 1(1)–(4)(6)–(8), 2(1)(2)(4)–(10), 3, 4(1)–(4)(6)(7), 5–15, 16(1)–(5), 17–23, 25, 26(3)(4), 27, 176, 177, 178(3)(4), 184(2), 188, 189, 191–194, 195(1), 196, 197, Schs. 1–4, 6, 7, 33, 34 was taken from SIF group 81:2 (Local Government); the text of ss. 28–47, 69, 192–194, 195(1), 196, 197, Schs. 33, 34 Pt. IX was taken from SIF group 103:1, 2 (Rating: England and Wales), (Rating: Scotland); the text of ss. 86–91, 101–112, 113(1)–(10)(12)(13), 114–125, 134–141, 142(1)–(6), 143–148, 149(1)–(5)(11)–(13), 150–155, 156(1)–(3), 157–166, 167(1)–(12)(14)(15), 168–172, 179, 192, 195(1), 196, 197, Schs. 14, 15, 17–23, Sch. 24 Pt. I, Sch. 26, Sch. 27 paras. 1–14, Sch. 28 paras. 1–3, 4(1), 5, 6, 7, 9(1)(2)(3), 10–23, Schs. 29, 31, Sch. 32 paras. 1(1)(3)–(7), 2–4, 5(1)–(7)(9), 6, 7(1)(2), 8–18, 20–23, 25–32 was taken from SIF group 123:1 (Town and Country Planning: Planning, England and Wales); the text of ss. 87, 92, 101, 112, 113(1)–(9)(11)–(13), 114–116, 118, 120–122, 125, 134(1)(3)(4), 135–141, 142(1)–(4)(6)(7), 143–148, 149(6)–(13), 151(1)–(3)(5)–(9), 152–155, 156(4), 159–166, 167(1)–(14), 168, 170–172, 179, 192, 195(1), 196–197, Sch. 17 paras. 1–3, 5–8, 10, 11(1)(3)(4), 12–15, Sch. 23, Sch. 24 Pt. II, Sch. 26, Sch. 27 paras. 1–8, 14–26, Sch. 28 paras. 1–3, 4(2), 5, 6, 8–20, Schs. 30, 31, Sch. 32 paras. 1(2)–(6), 2, 5(1)–(6)(8)(9), 6, 7(1)–(3), 8–17, 19, 20–22, 24–26, 33–35 was taken from SIF group 123:2 (Town and Country Planning: Planning, Scotland); the text of ss. 126–133, 192, 195(1), 196, 197, Sch. 25 was taken from SIF group 123:3, 4 (Town and Country Planning: Town Development, England and Wales, Town Development, Scotland); provisions omitted from SIF have been dealt with as referred to in other commentary.

Modifications etc. (not altering text)

C1Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2Act excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 61(1).

C3Act excluded (21.7.1994) by 1994 c. xiii, s. 33(1)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Part IE+W+S Local Government—Relaxation of Controls

1 Relaxation of Ministerial control of authorities.E+W

(1)So much of the provisions mentioned in Schedule 1 to this Act—

(a)as makes the exercise of any power of a local authority subject—

(i)to a right of appeal to a Minister; or

(ii)to the provisions of regulations made by a Minister; or

(b)as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

(c)as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2)The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a)the powers of the Secretary of State and the Treasury to supervise local authorities, F1. . . and river purification authorities in the discharge of their functions relating to clean air and pollution ; and

(b)the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3)The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

(4)The amendments specified in Schedule 4 to this Act shall have effect for the purpose of limiting the Secretary of State’s powers to supervise local authorities in the discharge of their functions relating to . . . F2 trade.

(5)The amendments specified in Schedule 5 to this Act shall have effect for the purpose—

(a)of limiting the Secretary of State’s powers to supervise local authorities in the discharge of their functions relating to allotments; and

(b)of otherwise amending the enactments relating to the duties of the Secretary of State and of local authorities in relation to allotments.

(6)The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7)The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8)The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

1 Relaxation of Ministerial control of authorities.S

(1)So much of the provisions mentioned in Schedule 1 to this Act—

(a)as makes the exercise of any power of a local authority subject—

(i)to a right of appeal to a Minister; or

(ii)to the provisions of regulations made by a Minister; or

(b)as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

(c)as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2)The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a)the powers of the Secretary of State and the Treasury to supervise local authorities, [F574and water authorities] in the discharge of their functions relating to clean air and pollution ; and

(b)the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3)The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

(4)The amendments specified in Schedule 4 to this Act shall have effect for the purpose of limiting the Secretary of State’s powers to supervise local authorities in the discharge of their functions relating to . . . F575 trade.

(5)The amendments specified in Schedule 5 to this Act shall have effect for the purpose—

(a)of limiting the Secretary of State’s powers to supervise local authorities in the discharge of their functions relating to allotments; and

(b)of otherwise amending the enactments relating to the duties of the Secretary of State and of local authorities in relation to allotments.

(6)The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7)The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8)The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

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Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F574Words in s. 1(2)(a) substituted (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 5

Part IIE+W+S Publication of Information by Local Authorities

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Modifications etc. (not altering text)

C4Pt. II (ss. 2-4) applied (6.4.1995) (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 6

2 Duty of authorities to publish information.E+W

(1)The authorities to whom this section applies are—

(a)a county council;

[F3(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F5council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h)a fire authority constituted by a combination scheme under section 5 or 6 of the M1Fire Services Act 1947, or in Scotland, a joint [F6board] constituted by an administration scheme under section 36 of that Act [F7or section 147 of the Local Government (Scotland) Act 1973];

(j)[F8 a police committee constituted under section 2 of the Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M2 Police (Scotland) Act 1967 ;

(k)[F8a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F9board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [F9, 20 or 21B] of the Police (Scotland) Act 1967; . . . F10

[F11(ka)a joint authority established by Part IV of the M3Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

[F13 ; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).]

(2)The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a)its dispatch with, or inclusion in, a demand note on which a rate is levied under the M4General Rate Act 1967 or the M5 Local Government (Scotland) Act 1973

[F15(b)its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with regulations under section 27 of the Audit Commission Act 1998 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or]

(c)its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8)A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9)Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10)More than one code may be issued under this section, and different codes may deal with—

(a)different classes of information;

(b)different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c)different manners, forms or occasions of publication.

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F4S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F8Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F13Words in s. 2(1) inserted (wholly in force in relation to England and in force for specified purposes only in relation to Wales on 27.9.1999 and wholly in force in relation to Wales on 1.10.1999) by 1999 c. 27, s. 20; S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

Modifications etc. (not altering text)

C5S. 2(7)(ka) extended by S.I. 1985/1884, art. 10, Sch. 3 para 4(s), 1987/2110 art. 2, Sch. 1 para 8(n)

Marginal Citations

M31985 c. 51 (81:1).

M41967 c. 9 (103:1, 2).

M51973 c. 65 (81:2).

2 Duty of authorities to publish information.S

(1)The authorities to whom this section applies are—

(a)a county council;

[F576(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F577

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F578council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h)a fire authority constituted by a combination scheme under section 5 or 6 of the M224Fire Services Act 1947, or in Scotland, a joint [F578board]constituted by an administration scheme under section 36 of that Act [F579or section 147 of the Local Government (Scotland) Act 1973];

(j)[F580a police committee constituted under section 2 of the M225 Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M226 Police (Scotland) Act 1967 ;

(k)[F580a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F578board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [, 20 or 21B] of the Police (Scotland) Act 1967; . . . F581

[F582(ka)a joint authority established by Part IV of the M227Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F583

F584; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).

(2)The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F585(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a)its dispatch with, or inclusion in, a demand note on which a rate is levied under the M228General Rate Act 1967 F586. . .

[F587(aa)its dispatch with, or inclusion in—

(i)a demand note for payment of rates issued under section 237(1) of the M229Local Government (Scotland) Act 1947 ; or

[F588(ii)a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992]]

(b)its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the M230 Local Government Act 1972 or section 105 of the M231Local Government (Scotland) Act 1973; or

(c)its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8)A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9)Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10)More than one code may be issued under this section, and different codes may deal with—

(a)different classes of information;

(b)different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c)different manners, forms or occasions of publication.

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Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F577S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F580Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F584Words in s. 2(1) inserted (27.7.2000) by 1999 c. 27, ss. 20, 27(1)

Modifications etc. (not altering text)

C188S. 2(7)(ka) extended by S.I. 1985/1884, art. 10, Sch. 3 para 4(s), 1987/2110 art. 2, Sch. 1 para 8(n)

Marginal Citations

M2281967 c. 9 (103:1, 2).

3 Supplementary provisions relating to codes of practice on publication of information.E+W+S

(1)The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

(2)The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

(3)Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4)Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a)the information is of a description to which this subsection applies; and

(b)in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5)The descriptions of information to which subsection (4) above applies are—

(a)information about the discharge of authorities’ functions relating to housing or land;

(b)information about the number of their employees or the number of any description of their employees; and

(c)information about the determination of applications for planning permission under [F16the Town and Country Planning Act 1990] or [F17the Town and Country Planning (Scotland) Act 1997].

(6)The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7)Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8)The power to make any such regulations or order shall be exercisable by statutory instrument.

(9)A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11)Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12)A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

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Amendments (Textual)

F17Words in s. 3(5)(c) substituted (S.) (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(1)

4 Power to direct bodies to publish information.E+W+S

(1)The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2)Different directions may be given to bodies of the same description in different areas.

(3)A direction under this section may specify—

(a)the manner in which information is to be published;

(b)the occasions on which such publication is to be made; and

(c)the form which such publication is to take.

(4)The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a)development corporations established under the M6[F18New Towns Act 1981] or the M7New Towns (Scotland) Act 1968;

(b)the Commission for New Towns;

[F19(c)water authorities;]

(d)urban development corporations within the meaning of Part XVI of this Act;

(e)Passenger Transport Executives . . . F20

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(g)district councils [F22or Welsh county councils or county borough councils]carrying on road passenger transport undertakings.

F23(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(5A)In this section “the relevant Minister ” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food]

(6)Subject to [F25[F26subsection](5A)] above, in this section “the relevant Minister " means the Secretary of State.

(7)A direction given to a F27. . .council under this section may only relate to its road passenger transport undertaking.

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Amendments (Textual)

F19S. 4(4)(c) commencing “water " substituted for s. 4(4)(c) commencing “the National " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F24S. 4(5A) inserted by Water Act 1989 (c.15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1) Sch. 25 para. 61(1)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F25Words “subsections (5) and (5A) " substituted for “subsection (5) " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(1)(c), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F26Word in s. 4(6) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 9(a)

Modifications etc. (not altering text)

C6S. 4: Functions transferred (25.11.2002) by S.I. 2002/26260, arts. 4(a), 7, 8

Marginal Citations

M61981 c. 64 (123:3).

M71968 c. 16 (123:4).

[F28Part IIIE+W+S Direct Labour Organisations]

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Amendments (Textual)

F28Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999) by 1999 c. 27, ss. 21(1)(a), 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C7Pt. III (ss. 5-23): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (d)(i); S.I. 1997/1930, art. 3(2)(m)

C8Pt. III (ss. 5-23) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 8(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[F29Works Contracts]S

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Amendments (Textual)

F29Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F305 Meaning of “works contract ".S

(1)Subject to subsection (2) below, in this Part of this Act “works contract " means a contract which is or comprises—

(a)an agreement (in this Part of this Act referred to as a “maintenance agreement ") under—

(i)section 5(3)(c) of the M8London Government Act 1963 (agreements between . . . F31 London authorities for the carrying out of works of maintenance by one party in connection with land or buildings for the maintenance of which another party is responsible), or

(ii)section 1 of the M9Local Authorities (Goods and Services) Act 1970 (in this Part of this Act referred to as “the 1970 Act ") (which provides for the carrying out by a local authority of such works of maintenance as are referred to in subsection (1)(d) of that section); or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(c)an agreement made by virtue of any other enactment (including a provision of a local Act) which provides for the carrying out by a local authority of any construction or maintenance work;

and in this section “works authority ", in relation to a works contract, means the local authority or, if there is more than one, each of the local authorities, by whom construction or maintenance work is or is to be undertaken in pursuance of the contract.

(2)A contract is not a works contract by reason only that it is or comprises an agreement under which the functions of a Minister of the Crown or of any public body, within the meaning of the 1970 Act, fall to be discharged by a local authority, notwithstanding that, in the exercise of the functions, the local authority undertake construction or maintenance work.

(3)If and so far as the provision by a works authority of goods, materials, services, vehicles, plant or other equipment which is incidental to construction or maintenance work undertaken by that authority in pursuance of a works contract is the subject of a seperate agreement, that agreement shall be treated as part of the works contract for the purposes of this Part of this Act.]

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Amendments (Textual)

F30Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Marginal Citations

M81963 c. 33 (81:1).

M91970 c. 39 (81:4).

[F336 Regulation of works contracts.S

(1)Except in so far as section 7 below otherwise provides, a local authority may enter into a works contract in such circumstances and on such terms, having regard to the duty imposed on them by section 16 below, as they consider appropriate.

(2)Notwithstanding anything in the 1970 Act or in any other enactment relating to such an agreement as is mentioned in section 5(1)(c) above, a boyd which is a public body within the meaning of the 1970 Act may not (whether as the works authority or as the body fr whom any works are to be carried out) enter into a contract which in any respect contravenes any limitation imposed by section 7 below.

(3)In any case where—

(a)before the appointed day, and whether before or after the passing of this Act, a local authority entered into a maintenance agreement, and

(b)the circumstances in which or the terms on which the maintenance agreement was entered into are such that, having regard to section 7 below and to any regulations made under that section, it would not be lawful for them to enter into a similar agreement immediately after the appointed day,

then, at the expiry of the period of twelve months beginning on the appointed day, it shall cease to be lawful for the maintenance agreement to be carried out.

(4)Accordingly, if the maintenance agreement is governed by English Law and the parties to it do not make other provision before the expiry of that period of twelve months, the M10Law Reform (Frustrated Contracts) Act 1943 shall apply to the maintenance agreement with effect from the expiry of that period.]

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Amendments (Textual)

F33Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Marginal Citations

[F347 Limitations on power to enter into works contracts.S

(1)A local authority may not—

(a)enter into a works contract [F35under which they are to carry out work]] whose value exceeds the prescribed amount unless they do so as the result of acceptance of a tender, or

(b)enter into a works contract [F35under which they are to carry our work] whose value is equal to or less than the prescribed amount unless they have complied with such conditions as may be prescribed by regulations made by the Secretary of State.

[F36(1A)A local authority may not enter into a works contract under which they are to carry out work unless the competition condition is fulfilled, that is, the other party to the contract, in entering into it and doing anything else in connection with it before entering into it, did not act in a manner having the effect or intended or likely to have the effect or restricting, distorting or preventing competition.

(1B)Subsection (1A) above shall prevent the local authority from entering into the contract [F37unless the local authority have become aware, before entering into the contract,] of the failure to fulfill the competition condition]

(2)In this section “the prescribed amount " means an amount specified in regulations made by the Secretary of State.

(3)For the purposes of this Part of this Act an authority enter into a contract as the result of acceptance of a tender if—

(a)the contract was made by acceptance of an offer on their part to carry out the work in question; and

(b)they made the offer in response to an invitation to submit such offers; and

(c)the invitation was extended to at least three other persons [F38who are not, or include at least three persons who are not, local authorities or development bodies].

(4)The Secretary of State may by regulations—

(a)direct the manner in which the value of a contract is to be determined for the purposes of this section; and

(b)specify descriptions of contract to which subsection (1) above is not to apply; and

(c)specify for the purposes of subsection (3)(c) above a number of persons different from three.

(5)Without prejudice to the generality of subsection (4) above, regulations made by virtue of paragraph (a) of that subsection may direct that a number of contracts shall be treated as if they were one contract for the purpose of determining whether the prescribed amount is exceeded.

(6)Regulations under this section may make different provision in relation to different contracts and descriptions of contracts.

(7)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F34Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C9S. 7(1) excluded (S.) by S.I. 1990/1782, reg. 7(1)

S. 7(1) restricted (6.4.1992) by S.I. 1992/582, reg. 3.

C10S. 7(1) restricted (1.4.1994 with application only to local authorities in Wales) by S.I. 1994/338, regs. 3, 7

S. 7(1) restricted (31.3.1994) by S.I. 1994/567, reg. 2

S. 7(1) excluded (31.3.1995) by S.I. 1995/677, reg. 6

S. 7(1) excluded (17.4.1997) by S.I. 1997/999, reg. 8

[F39Functional work]E+W+S

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Amendments (Textual)

F39Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F408. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F40Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

8 Meaning of functional workS

(1)Subject to subsection (2) below, in this Part of this Act “functional work " means mconstruction or maintenance work undertaken by a local authority otherwise than under a works contract or by a development body, for the performance of, or in connection with—

(a)their functions; or

(b)their obligations under any arrangements, agreement or requirement made under any enactment and providing for the discharge by them of any functions of—

(i)a Minister of the Crown; or

F589. . .

(iii)a local authority within the meaning of Part VI of the M232Local Government Act 1972 ; or

(iv)[F590council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; or

(v)a joint board within the meaning of section 235 of the M233Local Government (Scotland) Act 1973.

(2)Subject to subsection (3) below, where a local authority or development body carry out construction or maintenance work for the performance of, or in connection with, any of their functions or any of their obligations such as are referred to in subsection (1)(b) above by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contracters) the work shall be treated as not being functional work.

(3)Subsection (2) above shall not apply to work done under a contract if that work is dependent upon, or incidental or preparatory to, other construction or maintenance work undertaken or to be undertaken by persons in the employment of the local authority or development body.

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Extent Information

E5This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

Marginal Citations

M2331973 c. 65 ( 81:2).

[F419 Regulation of functional work.S

(1)Subject to the following provisions of this section, a local authority or development body may undertake such functional work as they consider appropriate, having regard to the duty imposed by section 16 below.

(2)A local authority or development body may not undertake such functional work of any description unless they have first [F42, in accordance with such requirements (if any) as may be contained in regulations made by the Secretary of State,]] prepared a written statement—

(a)of the amount which they will credit to their DLO revenue account in respect of carrying out the work or of carrying out work of that description which they intend or expect to carry out; or

(b)of a method by which they intend that the amount to be so credited shall be calculated.

(3)The Secretary of State may by regulations—

(a)specify descriptions of functional work which a local authority or development body may not undertake unless they have first complied with the conditions specified in subsection (4) below as well as with subsection (2) above; and

(b)specify conditions with which a local authority or development body must comply, as well as complying with subsection (2) above, before they undertake functional work of any other description.

(4)The conditions mentioned in subsection (3)(a) above are—

(a)that they have invited offers to undertake the work, in accordance with [F43a detailed specification prepared for the purposes of the invitation], from at least three persons [F44who are not, or include at least three persons who are not, local authorities or development bodies and who are included in a list maintained by the authority or body seeking to undertake the work] of persons who are willing to undertake such work; and

[F45(aa)that they have included in the invitation prescribed matters (which they may relate to the time allowed for responding, the method of responding, or otherwise); and

(aaa)that they have complied with the prescribed requirements as to responses (which may include requirements to disregard certain responses, requirements about the keeping or opening of responses, or otherwise); and

(aaaa)that, in reaching the decision that they should undertake the work and in doing anything else in connection with the work before reaching the decision, they have not acted an a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition; and]

(b)that they have furnished any statement which they are required to furnish in pursuance of subsection (8) below ;

[F46and “prescribed ” in paragraphs (aa) and (aaa) above means prescribed by regulations made by the Secretary of State]

(5)The Secretary of State may by regulations specify for the purposes of subsection (4)(a) above a number of persons different from three.

[F47(5A)Regulations under subsection (3)(a) above may provide that the conditions in subsection (4)(aa) and (aaa) above are not to apply if the work falling within a description specified by the regulations satisfies such criteria as are so specified]

(6)Where a local authority or development body are required to comply with the [F48condition specified in subsection (4)(a)] above, the written statement which they are required to prepare under subsection (2) above is a statement consistent with [F49the requirements of the specification prepared for the purposes of] the invitation mentioned in subsection (4)(a) above.

(7)Where—

(a)a local authority or development body are required to comply with conditions specified in regulations made by virtue of subsection (3)(b) above; and

(b)the conditions require them to invite offers to undertake work,

the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation.

(8)If any person requires a local authority or development body to do so, they shall furnish him with a written statement showing who is to undertake the work, its estimated cost and the price of each offer submitted to the local authority or development body in consequence of the invitation mentioned in subsection (4)(a) above.

(9)In subsection (8) above “estimated cost ", in relation to any work, means—

(a)if the local authority or development body are to carry out the work themselves, its cost as estimated under subsection (2) above; and

(b)if any other person is to carry it out, the price for which he has contracted to carry it out.

(10)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F41Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C11S. 9 excluded (9.1.1995) by S.I. 1994/3167, reg. 5(3)

S. 9 applied (9.1.1995) by S.I. 1994/3167, reg. 6(1)

[F50Accounting Provisions]S

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Amendments (Textual)

F50Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F5110 Accounts relating to construction or maintenance workS

(1)Every local authority who undertake construction or maintenance work—

(a)under works contracts, or

(b)by way of functional work,

and every development body who undertake construction or maintenance work by way of functional work shall keep, in respect of each of the descriptions of such work specified in subsection (2) below—

(i)a revenue account (in this Act referred to as a “DLO revenue account "); and

(ii)such other accounts as may be directed by the Secretary of State.

(2)The descriptions of construction or maintenance work mentioned in subsection (1) above are—

[F52(a)general highway works and works in connection with the construction or maintenance of a sewer;

(b)works of new construction, other than general highway works or works in connection woth the construction of a sewer, the cost of which in the estimation of the authority or development body will exceed £50,000; and

(c)works of new construction, other than general highway works or works in connection with the construction of a sewer, the cost of which in the estimation of the authority or development body will not exceed £50,000; and

(d)works of maintenance within the meaning of the 1970 Act other than such works of maintenance in connection with highways of the maintenance of a sewer]]

[F53The descriptions of construction or maintenance work mentioned in subsection (1) above are in Scotland—

[F54(a)general highway works on a trunk road;

(aa)general highway works on a road other than a trunk road;]

(b)general water and sewerage works;

(c)works of new construction, other than general highway works or general water and sewerage works, the cost of which in the estimation of the authority or development body will exceed £50,000;

(d)works of new construction, other than general highway worls or general water and sewerage works, the cost of which in the estimation of the authority or development body will not exceed £50,000; and

(e)works of maintenance within the meaning of the 1970 Act other than such works of maintenance in connection with highways or water and sewerage works [F55, and in this subsection “trunk road " has the same meaning given in section 151(1) of the Roads (Scotland) Act 1984]]

(3)In subsection (2) above “general highway works " means—

(a)construction and maintenance work for the purpose of the laying out, construction, improvement, maintenance of repair of highways, other than work for the purpose of the construction of highways which is connected with the carrying out of other works of new construction; and

(b)the gritting of or clearing of snow from highways [F56; and

(c)the maintenance of street lighting]

(4)The Secretary of State may by regulations—

(a)amend subsection (2) above;

(b)specify descriptions of construction or maintenance work, in addition to the descriptions of such work specified in that subsection, as being descriptions of such work in respect of which a local authority or development body are to be under a duty to keep the accounts mentioned in subsection (1) above.

(5)A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section “works of new construction " means building or civil engineering works of any description which are not works of maintenance within the meaning of the 1970 Act.

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Amendments (Textual)

F51Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F52S. 10(2)(a)-(d) substituted (E.W.) by S.I. 1981/339, reg. 3

F53Words inserted (S.) by S.I. 1982/319, art. 3

F54S. 10(2)(a)(aa) substituted for s. 10(2)(a) as it applies to Scotland (1.4.1996) by S.I. 1996/784, reg. 2(a)

F55Words in s. 10(2) inserted (1.4.1996) by S.I. 1996/784, reg. 2(b)

F56S. 10(3)(c) and the word “and " immediately preceding it inserted (1.10.1988) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para. 4

Modifications etc. (not altering text)

C14S. 10 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F5711 Exemption from requirement to keep seperate accounts under section 10.S

(1)Subsection (1) of section 10 above does not require a local authority or development to keep—

(a)in respect of any description of construction or maintenance work specified in subsection (2) of that section; or

(b)in respect of any description of such work specified in regulations under subsection (4) of that section,

accounts for any financial year separate from accounts kept for that year in respect of any other description of construction or maintenance work, if the local authority or development body did not at any one time in the previous financial year employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work of that description.

(2)The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3)The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4)The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5)A statutory instrument containing such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F57Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C15S. 11 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F5812 Contents of accounts relating to construction or maintenance work.S

(1)Subject to subsection (4) below, a local authority or development body may not credit and DLO revenue account in respect of the cost of carrying out any functional work with a sum in excess of the appropriate amount.

(2)Where they have prepared a written statement in accordance with section 9(2)(a) above, the appropriate amount is the amount specified in that statement.

(3)Where they have prepared a written statement in accordance with section 9(2)(b) above, the appropriate amount is an amount calculated in accordance with method in that statement.

(4)Where the statement allowed for a variation in the appropriate amount in the event of changed circumstances, then if the circumstances arise (but not otherwise) the local authority or devlopment body may credit the account with such sum as the statement allowed for in those circumstances.

(5)Subject to subsections (1) and (4) above, the Secretary of State may give directions—

(a)as to items which are to be included in accounts kept under section 10 above;

(b)as to the method of determining the amount of any item to be included in such accounts;

(c)as to the method of determining the cost undertaking any construction or maintenance work; and

(d)as to the extent to which the cost of providing professional, technical and administrative services for the purposes of or in connection with construction or maintenance work of any description is to be treated as part of the cost of undertaking such work of that description.]

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Amendments (Textual)

F58Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C16S. 12 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F5913 Annual balance sheet etc.S

(1)Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work, shall prepare the documents mentioned in subsection (2) below not later than 30th September in the financial year following that year.

(2)The documents are—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

(b)a revenue account;

[F61(c)a statement showing whether the local authority or development body have complied with section 16(1) below.]]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(4)Subject to subsection (5) below, a revenue account must show a true and fair view of the financial result of the local authority or development body having undertaken, in the financial year to which it relates, each description of construction or maintenance work to which it relates.

(5)Where by virtue of section 11 above a revenue account relates to more than one description of construction or maintenance work, subsection (4) above shall have effrect as if it required the account to show a true and fair view of the combined financial result of the local authority or development body having undertaken, in the financial year to which the account relates, all the descriptions of construction or maintenance work to which it relates.

[F63(5A)A revenue account must be expressed in such form as the Secretary of State may specify in writing]

F64(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F59Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F60S. 13(2)(a) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 5(2), Sch. 7 Pt. III (subject to the provision at the end of that Part)

F62S. 13(3) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 5(2), Sch. 7 Pt. III (subject to the provision at the end of that Part)

Modifications etc. (not altering text)

C17S. 13 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F6514 Accounts under section 10 and other local authority accounts.S

(1)Sections 10, 12 and 13 above are without prejudice to the power of the Secretary of State to make regulations under [F66section 27 of the Audit Commission Act 1998]] or section 105 of the M11Local Government (Scotland) Act 1973 (regulations relating to publication of information and the form, preparation, keeping and certification of accounts, etc.) relating to DLO revenue accounts and accounts required by directions under section 10(1)(ii) above.

(2)Notwithstanding anything in subsection (2) of section 2 of the 1970 Act (local authorities, within the meaning of that Act, to keep a separate account in respect of agreements under section 1), a local authority shall not be required by that subsection to keep a separate account in respect of any agreement under section 1 of that Act which provides for the carrying out of such works of maintenance as are referred to in subsection (1)(d) of that section.

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Amendments (Textual)

F65Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F66Words in s. 14(1) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 5(2)

Modifications etc. (not altering text)

C18S. 14 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

Marginal Citations

M111973 c. 65 ( 81:2).

[F67Financial provisions]S

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Amendments (Textual)

F67Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F6815 Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.S

(1)Where a local authority or development body undertake construction or maintenance work which is functional work by virtue of paragraph (b) of section 8(1) above, they shall be entitled notwithstanding anything in any enactment or in the arrangements or agreement referred to in that paragraph, to a payment in respect of undertaking that work equal to the amount which, in accordance with this Part of this Act, would be credited to the DLO revenue account kept by them in respect of work of that description if the work so undertaken were functional work by virtue of paragraph (a) of that subsection.

(2)Subject to subsection (3) below, nothing in subsection (1) above applies to functional work undertaken in pursuance of an arrangement or agreement entered into before the appointed day.

(3)If the arrangement or agreement entered into before the appointed day provides for the delegation of a function for an indefinite period or for a period terminable by the parties to it or by either of them, this section shall apply to work undertaken in pursuance of the arrangement or agreement in the first financial year which begins after the appointed day and in subsequent financial years.]

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Amendments (Textual)

F68Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C19S. 15 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F6916 General financial duty: treatment of deficits.S

(1)Every local authority or development body who undertake construction or maintenance work—

(a)of any of the descriptions specified in subsection (2) of section 10 above; or

(b)of any description specified by regulations under subsection (4) of that section,

whether under works contracts or by way of functional work or both, shall secure that, in respect of each financial year, [F70such 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.]]

[F71(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.]

F72(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

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Amendments (Textual)

F69Pt. III (ss. 5-23) repealed (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F73S. 16(4) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 6, Sch. 7 Pt. III (subject to the provision at the end of that Part)

F74Ss. 16(5)(6), 19(3)(4) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. III (subject to the provision at the end of that Part)

Modifications etc. (not altering text)

C20S. 16 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75E+W+S

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Amendments (Textual)

F75S. 17 repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 7, Sch. 7 Pt. III (subject to the provision at the end of that Part and to savings in S.I. 1988/979, art. 5 and 1988/1043, art. 5) and applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1) and Pt. III (ss. 5-23) expressed to be repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F76 Supplementary]S

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Amendments (Textual)

F76Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F7718 Annual reports on construction or maintenance work.S

(1)Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance by way of functional work shall prepare a report in accordance with subsection (2) below on the construction or maintenance work undertaken by them during that financial year.

[F78(1A)A report under this section must include—

(a)a statement identifying such (if any) of the work undertaken as falls within construction or maintenance work by virtue of a decision under section 20(5) below; and

(b)a copy of each of the documents which it is required to prepare in accordance with section 13(1) above]]

(2)A report under this section shall be prepared not later than 30th September in the financial year following that to which it relates and shall include such information as the Secretary of State may direct relating to construction or maintenance work of any description specified in subsection (2) of section 10 above or in regulations under subsection (4) of that section.

[F79(2A)A local authority or development body who have prepared a report under this section shall send a copy to the Secretary of State and to their auditor not later than 31st October in the financial year following that to which the report relates.

(2B)Where a local authority’s or development body’s auditor has been sent a copy of a report in accordance with subsection (2A) above, he shall consider the [F80statement referred to in section 13(2)(c) above] a copy of which is contained in the report by virtue of subsection (1A)(b) above, and shall give his written opinion on the statement to the authority or body concerned and to the Secretary of State]

(3)Any person may inspect a report of a local authority or development body under this section and shall be supplied with a copy of the report by the authority or body on payment of such charge for a copy as they may reasonably require.

(4)A local authority or development body shall publish in at least one newspaper circulating in their area notice—

(a)of the place where and the time when any report under this section may be inspected;

(b)of the fact that copies of the report are available for supply to any person requiring them; and

(c)of the charge for each such copy.

[F81(5)For the purposes of subsections (2A) and (2B) above a local authority’s or development body’s auditor is the person who under any enactment is appointed, for the financial year for which the report is prepsred, to audit the accounts of the authority or body]

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Amendments (Textual)

F77Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C21S. 18 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

C22S. 18(2A) excluded (9.1.1995) by S.I. 1994/3167, reg. 7(2)

[F8219 Application to joint commitees.S

(1)Where two or more local authorities arrange for the discharge by a joint committee of theirs of any of their functions under any enactment not contained in this Part of this Act, this Parrt of this Act shall have effect as if any reference init to a local authority . . . . F83, included a reference to the joint committee.

(2)Notwithstanding anything in any enactment, a joint committee appointed by two or more authorities may not at any time undertake construction or maintenance work—

(a)under works contract, or

(b)by way of functional work,

unless arrangments are in force at that time providing for the propoortions in which they are to meet any deficit in any DLO revenue account of the joint committee.

(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84]

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Amendments (Textual)

F82Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s.21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F83Words repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. III (subject to the provision at the end of that Part)

F84Ss. 16(5)(6), 19(3)(4) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. III (subject to the provision at the end of that Part)

Modifications etc. (not altering text)

C23S. 19 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F85F86Sanctions]S

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Amendments (Textual)

F86Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F87F8819A Notice for purpose of getting information.S

(1) If it appears to the Secretary of State that a local authority or development body have carried out or undertaken construction or maintenance work [F89, 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]]

(a)under a contract [F90into which that authority have entered] in contravention of section 7 above,

(b)in circumstances where any provision of section 9(2) to (7) above has not been complied with as regards the work,

(c)in circumstances where section 10 above has not been complied with as regards the work,

(d)in circumstances where the provisions of section 12(1) above or of directions under section 12(5) above have not been complied with as regards any account kept in respect of the work,

(e)in circumstances where section 13 above has not been complied with as regards the preparation or contents of the documents required by that section for the financial year in which the work is undertaken,

(f)in circumstances where any provision of section 16 F91. . . above has not been complied with as regards work of the description concerned, or

(g)in circumstances where any provision of section 18(1) to (2A) above has not been complied with as regards the financial year in which the work is undertaken,

he may serve on the authority or body a written notice falling within subsection (2) below.

(2)The notice is one which—

(a)informs the authority or body that it appears to him that they have acted as mentioned in one of the paragraphs (identified in the notice) of subsection (1) above,

(b)identifies the work concerned and states why it so appears, and

(c)contains the requirement mentioned in subsection (3) below.

(3)The requirement is that the authority or body submit to him within such time as is specified in the notice a written response which—

(a)states that they have not acted as mentioned in the paragraph concerned of subsection (1) above and justifies the statement, or

(b)states that they have acted as so mentioned and gives reasons why he should give a direction under section 19B below.

(4)The Secretary of State may serve on an authority or body different notices under this section identifying the same work, whether they identify the same paragraph or different paragraphs of subsection (1) above.

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Amendments (Textual)

F87Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C24S. 19A applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

C25S. 19A(4) applied (9.1.1995) by S.I. 1994/3167, reg. 8(3)

[F92F9319B Power to give directions.S

(1)Where—

(a)the Secretary of State has served notice on an authority or body under section 19A above,

(b)the time specified in the notice has expired (whether or not he has received a written response to the notice), and

(c)it still appears to him that the authority or body have acted as mentioned in the paragraph concerned of section 19A(1) above,

he may give a direction under subsection (2) or (3) below.

(2)The Secretray of State may direct that with effect from such date as is specified in the direction the authority or body—

(a)shall cease to have power to carry out such construction or maintenance work as is identified in the direction, or

(b)shall, as regards such construction or maintenance work as is so identified, only have the power to carry it out if such conditions as are specified in the direction are fulfilled.

(3)Alternatively, he may direct that with effect from such date as is specified in the direction the authority or body—

(a)shall cease to have power to carry out such construction or maintenance work as is identified in the direction, and

(b)shall, as regards such other construction or maintenance work as is so identified, only have power to carry it out if such conditions as are specified in the direction are fulfilled.

(4)Where the Secretary of State has given a direction under subsection (2) or (3) above or this subsectoin (the previous direction) he may give a direction (a new direction) that with effect from such date as is specified in the new direction—

(a)any prohibition applying by virtue of the previous direction (whether the prohibition applies outright or if the conditions are not fulfilled) shall cease to apply,

(b)any outright prohibition applying by virtue of the previous direction is replaced by a prohibition applying (as regards the same work) if conditions specified in the new direction are not fulfilled, or

(c)any prohibition applying as regards work by virtue of the previous direction (whether the prohibition applies outright or if conditions are not fulfilled) is replaced by a prohibition which applies only to such of that work as is identified in the new direction but which is otherwise in the same terms as the prohibition in the previous direction.

(5)If the Secretary of State directs under this section that an authority or body shall cease to have power to carry out work, or shall only have power to carry out work if certain conditions are fulfilled, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to do the work or (as the case may be) to do it without the need for the conditions to be fulfilled.

[F94(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.]]

(6)The power to give a direction under this section shall be exercised in writing [F95and, 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.]

(7)A direction under this section may include such supplementary, incidental, consequential or transitional provisions (whether with respect to work in progress or outstanding contractual commitments or otherwise) as appear to the Secretary of State to be necessary or expedient.

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Amendments (Textual)

F92Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C26S. 19B applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

C27S. 19B(2)-(7) applied (9.1.1995) by S.I. 1994/3167, reg. 9

[F96General]S

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Amendments (Textual)

F96Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F9720 Interpretation of Part III.S

(1)In this Part of this Act—

  • appointed day ” shall be construed in accordance with section 23 below;

  • construction or maintenance work ” means, subject to subsections (2) [F98to (4)]] below—

    (a)

    building or engineering work involved in the construction, improvement, maintenance or repair of buildings and other structures or in the laying out, construction, improvement, maintenance or repair of highways and other land, and

    (b)

    the gritting of or clearing of snow from highways;

    (c)

    [F99the maintenance of street lighting;]

  • development body ” means—

    (a)

    in relation to England and Wales—

    (i)

    the Commission for New Towns;

    (ii)

    a development corporation established under the [F100M12New Towns Act 1981] . . . F101

    (iii)

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

    (b)

    in relation to Scotland—

    (i)

    F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (ii)

    a development corporation established under the M13New Towns (Scotland) Act 1968; and

    (iii)

    the Scottish Special Housing Association;

    (c)

    in relation to England and Wales and to Scotland, an urban development corporation established under this Act;

  • DLO revenue account ” has the meaning assigned to it by section 10(1) above;

  • functional work ” shall be construed in accordance with section 8 above;

  • [F103highway ”, in relation to Scotland, means a road as defined in section 151 of the M14Roads (Scotland) Act 1984;]

  • local authority ” means—

    (a)

    [F104in relation to England F105. . .—

    (aa)

    [F106in relation to Wales, a county council or county borough council or a police authority established under [F107section 3 of the Police Act 1996 F108. . .;]]

    (i)

    a county council, a district council, a London borough council, [F109a police authority established under [F107section 3 of the Police Act 1996][F110the Metropolitan Police Authority,]. . .][F111the Inner London Education Authority], a joint authority established by Part IV of the M15Local Government Act 1985 [F112, the London Fire and Emergency Planning Authority] or the Council of the Isles of Scilly, or

    (ii)

    The Common Council of the City of London on its capacity as loal authority or police authority;]

    (b)

    in relation to Scotland, a [F113council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • works contract ” has the meaning assigned to it by subsection (1) of section 5 above; and

  • the 1970 Act ” has the meaning assigned to it by paragraph (a) of that subsection.

(2)Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include—

(a)work relating to parks, gardens, playing fields, open spaces or allotments, except to the extent that the work relates to a building or structure; or

(b)the routine maintenance of a specific building or structure or of specific buildings or structures by a person [F114who—

(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.]

F115(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include work undertaken by a local authority authorised by any enactment to carry on a dock or harbour undertaking if that work is undertaken for the purposes of or in connection with that undertaking.

[F116(4)Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include work undertaken by a local authority or a development body pursuant to an agreement made (or having effect as if made) with the Secretary of State on or after 1st April 1982—

(a)which is made by virtue of any provision of the Employment and Training Act 1973;

(b)which specifies the work to be undertaken by the authority or body; and

(c)under which the whole or part of the cost of the work so specified is to be paid by the Secretary of State]

[F117(5)If a local authority or development body undertake work which (apart from this subsection)would not fall within construction or maintenance work, and which in their opinion cannot be undertaken efficiently separately from construction or maintenance work, the work shall (if they so decide) be treated as falling within construction or maintenance work.

(6)In section 10(3)(c) above and subsection (1) above, in paragraph (c) of the definition of “construction or maintenance work ", “street " (except in relation to Scotland) has the meaning given by section 329(1) of the M16Highways Act 1980 and (in relation to Scotland) means a road as defined in section 25(3) of the M17Local Government and Planning (Scotland) Act 1982.

(7)Nothing in sections 19A and 19B above shall prejudice any remedy available to a person (apart from those sections) in respect of failure to observe a provision of this Part of this Act.]

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Amendments (Textual)

F97Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27. s. 34, Sch. 2(1), Note

F99Para. (c) and the word “and " preceding it inserted (1.10.1988) by Local Government Act 1988 (c. 9, SIF 81:1, 2), 32, Sch. 6 para 10(2)

F100Words substituted by New Towns Act 1981 (c. 64 SIF 123:3), s. 81, Sch. 12 para. 28(b)

F101Sub-para (iii) and the word “and " at the end of sub-para (ii) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para 10(3), Sch. 7 Pt. II (subject to the provision at the end of that Part)

F102S. 20(1): para. (b)(i) in definition of

development body

repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F105S. 20(1): words in definition of

local authority

repealed (3.4.1995) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 57(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F106S. 20(1)(aa): in definition of

local authority

inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 57(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F107S. 20(1): words in para. (a)(i) in definition of

Local authority

substituted (22.8.1996) by 1996 c. 16, ss. 103, 104, Sch. 7 Pt. I para. 1(2)(p)

F108S. 20(1): words in para. (aa) in definition of

Local authority

inserted (1.4.2002) by 1997 c. 50, ss. 88, Sch. 6 para. 14(b) (which insertion was repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. II para. 36(b), Sch. 7 Pt. V; S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4))

F109S. 20(1): words in definition of

local authority

substituted (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 20; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F110S. 20(1): words in para. (aa)(i) of the definition of “local authority " inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 42 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F112S. 20(1): words in para. (aa)(i) of the definition of “local authority " inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 29; S.I. 2000/1094, art. 4(h)

F113S. 20(1): words in para. (b) in definition of

Local authority

substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(4); S.I. 1996/323, art. 4(1)(c)

F117S. 20(5)–(7) inserted (24.6.1988 as to s. 20(5) and 1.10.1988 as to s. 20(6)(7)) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para 10(6)

Modifications etc. (not altering text)

Marginal Citations

M121981 c. 64 (123:3)

M131968 c. 16 (123:4).

M151985 c. 51 (81:1).

M171982 c. 43 (81:2).

[F11821 Exemption of small direct labour organisations from requirements of Part III.S

(1)This Part of this Act does not apply to a local authority or development body in any year if they did not in the previous year at any one time employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work.

(2)The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3)The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4)The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5)A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)The Secretary of State may direct that this Part of this Act shall not apply to a local authority or development body in any year if he is satisfied that the only reason why it would apply to that authority or body is that at some time in the previous year the number of their employees engaged in construction or maintenance work exceeded the relevant number because it was necessary to exceed that number in order to carry out urgent construction or maintenance work whose necessity could not reasonably have been foreseen by the authority or body.

(7)In subsection (6) above “the relevant number " means thirty or such lesser number as may for the time being be specified for the purposes of subsection (1) above.

[F119(8)In this section “year ” means financial year.]]

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Amendments (Textual)

F118Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F12022 Consequential repeal or amendment of local statutory provisions.E+W+S

(1)the Secretary of State may by order—

(a)repeal any provision of a local Act passed before or in the same session as this Act or of an order or other instrument made under or confirmed by any Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Part of this Act ; and

(b)amend any provision of such a local Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Part of this Act or any repeal made by virtue of paragraph (a) above.

(2)An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

(3)It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.

(4)A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F120Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F12123 Part III—supplementaryS

(1)Any power to make regulations or give directions conferred by this Part of this Act [F122and the power under section 16(1) above to specify a financial objective for local authorities and development bodies,]] includes power to make different provision in relation to local authorities or development bodies in England, in Wales and in Scotland.

(2)Any power to make regulations conferred by this Part of this Act shall be exercisable by statutory instrument.

(3)This Part of this Act, except this section, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes ; and any reference in any provision of this Part of this Act to the appointed day is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the first day so appointed.

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Amendments (Textual)

F121Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C291.4.1981 appointed (E.W.) under s. 23(3), except for s. 16(1) which comes into operation for specified purposes on 1.4.1982 and for other purposes on 1.4.1981, by S.I. 1981/341, art. 2

C301.4.1982 appointed under s. 23(3) for the coming into operation (S.) of Part III except s. 15(2)(3) by S.I. 1982/317, art. 2

Part IVE+W+S Local Government Allowances

24 Right of councillor to opt for financial loss allowance. E+W

(1)In section 173 of the M18Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words “unless a notice under section 173A below is effective in relation to him".

(2)The following section shall be inserted after that section:—

173A Right to opt for financial loss allowance.

(1)If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2)A notice under this section is referred to in this section as a “financial loss allowance notice".

(3)If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be enititled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after giving of the notice.

(4)If a councillor who has not given the local authority a financial loss allowance ntoice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the perofrmance of any approved duty performed not earlier than the beginning of that financial year.

(5)A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first.

(6)If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.

(3)This section does not extend to Scotland.

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Modifications etc. (not altering text)

C31The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

25 Amendments relating to allowances to members of local authorities and other bodies.E+W+S

(1)In subsection (1) of section 174 of the M19Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the M20 Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word “travel" there shall be inserted the words “or subsistence".

(2)Subsection (3) of the said section 174 (by virtue of which subsistence allowance is not payable to a member of a body except inrespect of a duty performed at a distance of more than three miles from his usual place of residence) and subsection (2) of the said section 46 (which makes similar provision for Scotland) shall cease to have effect.

(3)The following subsections shall be inserted after section 175(3) of the said Act of 1972—

(3A)In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons.

(3B)In relation to any such body as is mentioned in section 177(1)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest..

(4)

F123(5)The following subsection shall be inserted after section 47(3) of the said Act of 1973:—

(3A)In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest..

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Amendments (Textual)

Modifications etc. (not altering text)

C32The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

26 Introduction of special responsibility allowances for members of local authorities.E+W+S

F124(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 50 of that Act (regulations as to allowances)—

(a)after the word “48" there shall be inserted the words “ and 49A ”;

(b)in subsection (2), for the words “or 49" there shall be substituted the words “ 49 or 49A ”.

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Amendments (Textual)

Modifications etc. (not altering text)

C33The text of s. 26(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland. E+W+S

(1)The following section shall be inserted after section 3 of the M21Local Government (Scotland) Act 1973:—

3A Vice-chairman.

(1)A council may appoint a member of the council to be vice-chairman of the council.

(2)The vice-chairman shall hold office until the expiry of the term of office of the council.

(3)A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4)Subject to any standing order made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5)A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable..

(2)Section 24 above does not extend to Scotland, and this section extends to Scotland only.

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Modifications etc. (not altering text)

C34The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Part VE+W+S Rates

ValuationE+W

F12628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

29 Ascertainment of rateable value of non-industrial buildings.E+W

(1)—(3)

F127(4)(5)F128

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Amendments (Textual)

F12930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Fish FarmsE+W+S

F13031. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

32 Rating exemption for fish farms in Scotland. S

After section 7 of the M22Valuation and Rating (Scotland) Act 1956 there shall be inserted—

7A Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

(1)For the purposes of any valuation roll in force for the year 1981–82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith.

(2)This section applies to—

(a)lands and heritages (other than dwelling-houses) used solely for or in connection with fish farming; and

(b)lands and heritages consisting of—

(i)one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or

(ii)any land occupied together with and used solely for or in connection with the use of such building or buildings.

(3)No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on the first day after the first day of April nineteen hundred and eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted.

(4)Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which—

(a)is occupied in connection with lands and heritages to which this section applies; and

(b)is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and

(c)is suitabnle in character and size for such use in connection with those lands and heritages

as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies.

(5)Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Act as if it were lands and heritages in separate occupation.

(6)In subsection (5) above, any reference too a building or part of a building shall be construed as including a reference to land occupied together and used solely in connection with the use of such building or part.

(7)In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year.

(8)In this section—

fish farming” means the breeding or rearing of fish or the cultivation of shall fish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for the transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish—

(a)

which are purely ornamental, or

(b)

which are bred, reared or cultivated for exhibition..

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Modifications etc. (not altering text)

C35The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F13133—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Unused and unoccupied propertyE+W+S

F13241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F13342—44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F13445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F13546. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

47 Commencement and extent of Part V.E+W

(1)—(3)

F136(4)The following provisions of this Act, namely—

(a)

F136(b)paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c)

F137(d)

F136(5)The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6)The provisions of Schedule 33 mentioned in subsection (5) above are—

(a)paragraph 4; and

(b)

F137(c)paragraph 14.

(7)Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8)Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

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Amendments (Textual)

Part VIE+W Rate Support Grant

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Modifications etc. (not altering text)

C36Part VI extended by ss. 69(1), 82(1), and modified by s. 81(1)(3) of the Local Government Act 1985 (c. 51, SIF 81:1)

C43Pt. VI (ss. 48–68) amended by S.I. 1990/1024, art. 4(1)

Amendments relating to existing system of rate support grantsE+W

48 General power to reduce rate support grant.E+W

(1)The Secretary of State may reduce the amount of rate support grant payable to a local authority for the year 1980-81 and any subsequent year before the commencing year if the uniform rate for that authority’s area in that year exceeds the notional uniform rate.

(2)In this section—

  • notional uniform rate” means the rate which, having regard to payments of the needs element of rate support grant and the prescribed national standard rateable value per head of population, the Secretary of State considers that each rating authority in England and Wales would need to levy in order to finance the spending needs of the authority and of all authorities with the power to issue precepts to the authority; and

  • uniform rate”—

    (a)

    in relation to authorities ouside Greater London, has the meaning assigned to it for the purposes of sub-paragraph (1) of paragraph 10 of Schedule 2 to the M23Local Government Act 1974 by sub-paragraph (3) of that paragraph; and

    (b)

    in relation to authorities in Greater London, has that meaning subject to any adjustment of the amount made by the Secretary of State.

(3)A report under section 3(3) of the Local Government Act 1974 (reports on rate support grant orders) shall specify the amount of the notional uniform rate.

(4)The notional u niform rate for the year 1980-81 shall be of such an amount as is specified in the report for that year under section 3(3) of the Local Government Act 1974.

(5)A report under section 4(2) of that Act (reports on redetermination) shall specify the principles on which the Secretary of State has made any adjustment of the uniform rate of the authorities in Greater London.

(6)Where the Secretary of State makes any such adjustment, he shall apply the same principles in making it to all authorities in Greater London.

(7)Any expression used in thos section or in section 49 or 50 below and to which a meaning is assigned by the M24Local Government Act 1974 has that meaning for the purposes of those sections.

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Marginal Citations

M241974 c. 7 (81:1).

49 Reduction of resources element.E+W

(1)In any case where the Secretary of State makes an order under section 4 of the Local Government Act 19874 (orders varying rate support grant orders) he may make a frsh determination of the amount of the resources element of rate support grant payable to a local authority for the year to which the order relates as provided by this section.

(2)A determination under this section shall be made by multiplying the uniform rate for the area of a local authority by a multiplier of an amount less than unity.

(3)Different multipliers may be determined under this section for differnt authorities.

(4)The principles on which multipliers are determined under this section shall be specified in an order made by statutory instrument by the Secretary of State.

(5)The same principles shall be applies to every determination under this section of a multiplier for any year.

(6)An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House ; and no determination shall be made under this section until the order has effect.

50 Redution of needs element for authorities in Greater London.E+W

(1)The Secretary of State may vary the amount of the needs element of rate support grant payable to the council of a London borough or the Common Council of the City of London for any year, in the manner provided in this section, if the rateable value per head of the population of their area, as determined under paragraph 9 of Schedule 2 to the Local Government Act 1974, exceeds the national standard rateable value per head of population, as defined by paragraph 8 of that Schedule.

(2)The Secretary of State shall carry out the variation mentioned in subsection (1) above, in relation to any authority, by multiplying the additional amount of needs element payable by virtue of the additional factors precribed in relation to them under paragraph 1(b) of Schedule 2 to the Local Government Act 1974 by a multiplier determined on principles specified in an order made by statutory instrument by the Secretary of State.

(3)Different multipliers may be determined under this section for different authorities.

(4)The same principles shall be applies to every determination under this section for any year.

(5)An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House ; and no variation shall be made under this section until the order has effect.

51 Supplementary grants for transport purposes.E+W

(1)Notwithstanding anything in the Local Government Act 1974, the power of making grants under section 6(1) of that Act (supplementary grants fot transport purposes payable by Minister of Transport in relation to England and Secretary of State in relation to Wales) maybe exercised separately and differently for England and for Wales.

(2)An order made by statutory instrument may provide that, with effect from such year as may be specified in the order, no supplementary grants for transport purposes under section 6 of the Local Government Act 1974 shall be paid or that no such grants shall be paid except in respect of expenditure of a description specified in the order.

(3)Any such order shall be made—

(a)for England, by the Minister of Transport ; and

(b)for Wales, by the Secretary of State.

(4)An order under this section may contain such provisions as appear to the Minster of Transport or, as the case may be, the Secretary of State to be necessary or proper in consequence of the provisions of the order, including provisions amending, repealing or revoking (with or without savings) any enactment or instrument made under an enactment.

(5)In subsection (4) above “enactment” includes an enactment contained in this Act.

(6)The power to make orders under this section includes power, from the beginning of the commencing year, to specify different years in relation to England and to Wales and to make other different provision in relation to them.

(7)No order under this section shall effect until approved by a resolution of each House of Parliament.

52 Separate provision for Wales.E+W

(1)Notwithstanding anything in the M25Local Government Act 1974, the powers—

(a)of specifying under section 2(7)(a) of that Act bodies whose expenditure in the provision of services for local authorities may be defrayed by the Secretary of State;. . .

F138(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may be exercised separately and differently for England and for Wales.

(2)Nothing in subsection (1) above shall affect any of the regulations made by virtue of section 2(7)(a) of the M26Local Government Act 1974 before the passing of this Act.

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Amendments (Textual)

F138S. 52(1)(b) and word immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

M251974 c. 7 (81:1).

M261974 c. 7 (81:1).

New system of rate support grantsE+W

53 Introduction of new system of rate support grants.E+W

(1)Subject to the provisions of this Part of this Act, the Secretary of State shall, for the commencing year and each subsequent year, make out of money provided by Parliament to local authorities in England and Wales in accordance with the provisions of this Part of this Act—

(a)a grant to be known as “domestic rate relief grant"; and

(b)a grant to be known as “block grant".

(2)The grants made in pursuance of subsection (1) above shall together be known as “rate support grants".

(3)Rate support grants as defined in section 1 of the Local Goverment Act 1974 shall not be payable for the commencing year or for any subsequent year.

(4)For the commencing year and any subsequent year rate support grants fot local authorities in England and local authorities in Wales may be administered separately and differently; and this Part of this Act shall be construed accordingly in relation to rate support grants for any year for which such grants are so administered.

(5)The following bodies are local authorities for the purposes of this Part of this Act, namely—

(a)the council of a county;

(b)

F139(c)the Inner London Education Authority;

(d)the council of a district;

(e)the council of a London borough;

(f)the Common Council of the City of London; F140

[F141(ff)a joint authority; and]

(g)the Council of the Isles of Scilly.

(6)For the purposes of this Part of this Act the area of the Inner London Education Authority is the Inner London Education Area [F142and the area of a joint authority is the area for which the authority is established.]

(7)The Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple are local authorities for the purposes of the provisions of this Part of this Act relating to domestic rate relief grant.

(8)Subject to the following provisions of this Part of this Act, payments in respect ot rate support grants shall be made to a local authority at such times as the Secretary of State with the consent of the Treasury may specify, and shall be made in aid of the revenues of the authority generally.

(9)In this Part of this Act “the commencing year” means such year as the Secretary of State may by order made by statutory instrument appoint.

(10)The Secretary of State may by order made by statutory instrument direct that any enactment to which this subsection applies shall cease to have effect on such date as the order may specify.

(11)The enactments to which subsection (10) above applies are—

(a)sections 48 to 51 and 52(1)(a) and (2) above;

(b)section 69(3) below;

(c)the provisions specified in Schedule 8 to this Act;

(d)paragraph 31 of Schedule 32 to this Act; and

(e)section 48(1A)(a) of the M27General Rate Act 1967 (standard amount for the purposes of domsetic rate relief.

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Amendments (Textual)

Modifications etc. (not altering text)

C45Year beginning 1.4.1981 appointed under s. 53(9) by S.I. 1980/1893, art. 3

Marginal Citations

M271967 c. 9 (103:1,2).

54 The aggregate amount of rate support grants. E+W

(1)For the purposes of fixing the aggregate amount of the rate support grants for any year, the Secretary of State shalld etermine the aggregate amount (in this Part of this Act referred to as “the amount available for grants") which he estimates to be available for the payment out of money provided by Parliament of grants to local authorities [F143F144. . . in respect of] relevant expenditure for the year, other than—

(a)housing subsidies;

(b)grants under section 8 of the M28Local Government Act 1974 [F145and rate rebate subsidy under the M29Social Security Act 1986];

(c)grants under section 69 of this Act; and

(d)grants under paragraph 29 of Schedule 32 to this Act.

(2)The Secretary of State shall deduct from the amount determined under subsection (1) above—

(a)the portion of the amount available for grants which he estimates will be allocated to grants in respect of specific services, other than—

(i)grants under section 8 of the M30Local Government Act 1974 [F145and rate rebate subsidy under the M31Social Security Act 1986]

(ii)grants under section 69 of this Act, and

(iii)grants under paragraph 29 of Schedule 32 to this Act; and

(b)the portion of the amount which is prescibed as the aggregate amount of supplementary grants for transport services within the meaning of section 6 of the Local Government Act 1974; and

(c)the portion of that amount which is prescibed as the aggregate amount of supplementary grants under section 7 of that Act.

(3)So much of the amount available for grants as remains after making the deductions required under subsection (2) above shall be the aggregate amount of the rate support grants for that year.

(4)Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account—

(a)the latest information available to him as to the rate of relevant expenditure;

(b)any probable fluctuation in the demand for services giving rise to relevant expenditure, so far as the fluctuation is attributable to circumstances—

(i)in England as a whole; or

(ii)in Wales as a whole,

being circumstances which are not under the control of local authorities;

(c)the need for developing those services and the extent to which, having regard to general economic conditions, it is reasonable to develop them; and

(d)the current level of prices, costs and remuneration and any future variation in that level which in the opinion of the Secretary of State will result from decisions which appear to him to be final and which will have the effect of increasing or decreasing any particular prices, costs or remuneration.

(5), (6)

F146(7)The following grants for specific services, namely grants—

F147(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under section 31 of the M32Police Act 1964 (police grants), whether made to a committee of a local authority or not,

shall be treated for the purposes of subsection (2) above as grants made to local authorities; F148

(8)In this section—

  • housing subsidies” means such grants to local authorities out of money provided by Parliament for housing as may be specified by the Secretary of State as housing subsidies for the purposes of this section; and

[F149F150(9)In this section “relevant expenditure” in relation to any year means—

(a)the aggregate of all local authorities’ relevant expenditure in relation to the year, F151. . .

F151(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(10)But to the extent that, in any year, any expenditure F152. . . of a combined police authority is met by any grants mentioned in subsection (7)(a) or (b) above, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.

F153(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F150Definition of “rate fund" repealed by Local Government Fiancne Act 1987 (c. 6, SIF 81:1), s. 11, Sch. 5

F151S. 54(9)(b) and the word “plus" immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 43(c), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

Modifications etc. (not altering text)

C46S. 54 excluded by Social Security and Housing Benefits Act 1982 (x. 24, SIF 113:1), s. 34(2), S.I. 1984/111, art. 2, and Social Security Act 1986 (c. 50, SIF 113:1) ss. 30(10), 87(3)

Marginal Citations

M281974 c. 7 (81:1).

M291986 c. 50(113:1).

M301974 c. 7 (81:1).

M311986 c. 50 (113:1).

55 The domestic rate relief grant.E+W

(1)The aggregate amount of the domestic rate relief grant shall be determined by the Secretary of State.

(2)The amount of domestic rate relief grant payable to a local authority for any year shall be calculated in accordance with Schedule 9 to this Act.

(3)No payment in respect of domestic rate relief grant shall be made—

(a)to a county council;

(b)

F154(c)to the Inner London Education Authority [F155; or

(d)to a joint authority]

(4)Any amounts payable to a local authority in respect of domestic rate relief grant shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.

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Amendments (Textual)

F155Word “or" and s. 55(3)(d) inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 69(4), 82(1)

56 The block grant.E+W

(1)The amount of block grant for a year is the balance left after deducting the amount of domestic rate relief grant from the aggregate amount of the rate support grants.

(2)If—

(a)the council of a county F156 give notice to the Secretary of State that they do not wish to be paid block grant for any year; and

(b)he gives them notice that he consents to it not being paid to them,

no amount shall be payable to them by way of that grant for that year.

(3)Any amount that would be have been payable to them shall be distributed among [F157the councils of districts in the county] as part of their said block grant for the year.

(4)

F158(5)The amount to be paid to a authority under subsection (3) above shall bear the same proportion to the amount that would have been payable to the county council F156 as the gross rateable value of the authority’s area bears to the gross rateable value of the county F156

(6)Subject to subsection (7) below, the amount of block grant payable to a local authority is to be calculated by deducting from [F159their total expenditure in relation to] the year the product arrived at by multiplying their grant-related poundage by the gross rateable value of their area.

(7)The amount of block grant payable to a local authority, other than any amount payable under subsection (3) above, may not exceed [F159their total expenditure in relation to] the year.

(8)In this Part of this Act—

  • grant-related expenditure”, in relation to each authority to whom block grant is payable for any year, means the aggregate for the year of their notional [F160total] expenditure having regard to their functions;

  • grant-related poundage”, in relation to each such authority, means F161, a poundage related—

    (a)

    to a given ratio between their total expenditure and their grant-related expenditure; or

    (b)

    to a given difference between their total expenditure divided by their population and their grant-related expenditure so divided;

  • gross rateable value”, in relation to each such authority, means the aggregate of the rateable values of the hereditaments in their area;

  • rateable values”, in relation to hereditaments, means subject to subsection (14) below, rateable values ascribed to them in the valuation lists on a date to be specified for each year in the Rate Support Grant Report;

  • F162valuation list” has the meaning assigned to it by section 115 of the M33General Rate Act 1967.

(9)The Secretary of State may—

(a)defray any expenditure incurred in any year in the provision of services for local authorities by any body specified in regulations made by the Secretary of State; and

(b)deduct from the aggregate amount of the block grant for that year, such amount, not exceeding the total of the expenditure so defrayed, as appears to him to be appropriate;

and any regulations made under section 2(7) of the M34Local Government Act 1974 shall have effect for the purposes of this subsection as if they had been made under it.

(10)Before F163 exercising his powers under subsection (9) above, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(11)

F164(12)Regulations under subsection (9) above shall be made bt statutory instrument, and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13)The reference to hereditaments in subsection (8) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

(14)A Rate Support Grant Report may provide that for the year to which it relates the rateable value of hereditaments falling within any class of hereditaments shall be ascertained for the purposes of this Part of this Act otherwise than by reference to the values ascribed to them in the valuation list.

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Amendments (Textual)

F162Definition of “total expenditure" repealed and superseded by Local Government Finance Act 1987 (c. 6, SIF 81:1), ss. 3(7)(8)(9), 11, Sch. 5

Marginal Citations

M331967 c. 9 (103:1,2).

M341974 c. 7 (81:1).

57 Determination of grant-related poundage and grant-related expenditure.E+W

(1)[F165A local authority’s grant-related poundage shall be calculated and their grant-related expenditure shall be determined by the Secretary of State in accordance with principles to be applies to all local authorities or to all local authorities belonging to the appropriate class]

(2)Subject to subsection (3) below, [F166the principles on which the grant-related poundage is calculated and the grant-related expenditure is determined] shall be specified in the Rate Support Grant Report.

(3)The principles set out in section 58 need not be specified in the Rate Support Grant Report.

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Amendments (Textual)

Modifications etc. (not altering text)

58 Principles for determination of grant-related poundage. E+W

(1)The principles set out in subsections (2) and (3) below shal apply to all authorities belonging to the appropriate class.

(2)Where an authority’s total expenditure is at a level equal to or less than their grant-related expenditure, a given decrease in their total expenditure must produce the same decrease in in their grant-related poundage as would be produced by the same decrease in their total expenditure if it were at any other level which is less than their grant-related expenditure.

(3)Where an authority’s total expenditure is at a level equal to or more than their grant-related expenditure, a given increase in their total expenditure must produce an increase in their grant-related poundage not less than the increase that would have been produced by the same increase in their total expenditure if it were at any lower level.

(4)References in this section to an increase or decrease in grant-related poundage are references to an increase or decrease in absolute terms.

(5)References in this section to an increase or decrease in an authority’s total expenditure may be construed either as references to an increase or decrease in absolute terms in their [F167total] expenditure per head of the population of their area or as references to an increase or decrease in the ratio between their total expenditure and the grant-related expenditure ; but such references shall be construed in the same way in relation to all authorities.

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Amendments (Textual)

Modifications etc. (not altering text)

59 Adjustments of distribution of block grant. E+W

(1)Subject to the following provisions of this section, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to a local authority for a year shall be calculated by deducting from their total expenditure, instead of the product of their drant-related poundage and the gross rateable value of their area, the product of those sums multiplied by a multiplier determined by the Secretary of State.

(2)(3)

F168(4)The power conferred by subsection (1) above may be exercised so as to determine different multipliers for different authorities.

(5)Except as provided by subsection (7) below, the power—

(a)may only be exercised—

(i)in accordance with principles to be applies to all local authorities; or

(ii)in accordance with principles to be applied to all local authorities belonging to the appropriate class; and

(b)may only be exercised for any such purpose as is specified [F169in paragraphs (b) to (d) of subsection (6) below or in section 2(2) of the Rate Support Grants Act 1986]

(6)The purposes mentioned in subsection (5) above are—

(a)

F170(b)taking account of less than the gross rateable value of an authority or group of authorities in calculating the amount of block grant payable;

(c)reducing, whether in whole or in part, disparities in the rates levied in different rating areas of Greater London other than the Temples; and

[F171(cc)making, in the amount of block grant payable to an authority, adjustments by refernce to guidance issued by the Secretary of State and designed to achieve any reduction in the level of local authority expenditure (or any restriction on increase in that level) which he thinks necessary heving regard to general economic conditions; and]

(d)any other such purposes as the Secretary of State may determine.

[F172(6A)A multiplier may be subject to a maximum determined by the Secretary of State]

(7)The power may also be exercised in accordance with principles to be applied to the councils to whose police expenses section 57 of the M35Police Act 1964 applies (counties falling partly within the Metropolitan Police District).

(8)If the Secretary of State exercises that power, the principles on which he exercises it shall be soecified in the Rate Support Grant Report.

(9)In this Part of this Act “the appropriate class”, in relation to a local authority, means the class specified in subsection (10) below to which that authority belongs.

(10)Subject to subsection (11) below, any local authority of a description specified in any of the paragraphs of section 53(5) above belongs to a class consisting of all the authorities of that description.

(11)Section 53(5) above shall be treated for the purposes of this section—

(a)

F173(b)as if paragraph (d) referred to two classes, namely—

(i)councils of the metropolitan districts; and

(ii)councils of non-metropolitan districts; and

[F174(c)as if paragraph (e) referred to two classes, namely—

(i)councils of inner London boroughs; and

(ii)councls of outer London boroughs;]

[F175; and

(d)as if paragraph (ff) referred to four classes, namely—

(i)metropolitan county passenger transport authorities and the Northumbria Police Authority;

(ii)metropolitan county passenger transport authorities;

(iii)metropolitan county fire and civil defence authorities; and

(iv)the London Fire and Civil Defence Authority.]

[F176(11A)Any guidance issued for the purposes of subsection (6)(cc) above shall be framed by reference to principles applicable to all local authorities, and before issuing any guidance for those purposes the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.]

(12)In their application to block grant payable to a local authority for the commencing year subsections (3) and (6)(a) above shall have effect as if references to an amount determined by the Secretary of State were substituted for the reference to the amount of block grant payable to the authority for the previous year.

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Amendments (Textual)

F170S. 59(6)(a) repealed (and Superseded in part) by Rate Support Grants Act 1986 (c. 54, SIF 103:1). s. 2(1)(3), Sch. 1 para. 4(3), Sch. 2

Modifications etc. (not altering text)

Marginal Citations

60 The Rate Support Grant Report.E+W

(1)In this section and section 61 below “the relevant grants” means rate support grants payable under this Part of this Act and grant payable under section 6 or 7 of the M36Local Government Act 1974 (supplementary grants for transport and National Parks).

(2)Subject to subsection (3) below, the Secretary of State shall make for each year a report (in this Part of this Act called a “Rate Support Grant Report") relating to the relevant grants.

(3)In so far as a Rate Support Grant Report relates to payments of grants under section 6 of the M37Local Government Act 1974 it shall be made for England by the Minister of Transport.

(4)A Rate Support Grant Report shall be made with the consent of the Treasury.

(5)Before making a Rate Support Grant Report the Secretary of State and the Minister of Transport shall consult such associations of local authorities as appear to them to be concerned and any local authority with whom consultation appears to them to be desirable.

(6)A Rate Support Grant Report shall specify—

(a)all the determinations relating to the relavant grants which are required by any provision of this Part of this Act; and

(b)[F177such explanation as the Secretary of State thinks desirable of the main features of any such determination]

(7)A Rate Support Grant Report shall be laid before the House of Commons.

(8)No payment of any of the relevant grants for the year shall be made until the Rate Support Grant Report is approved by a resolution of the House of Commons and (subject to section 61 below) any payment may bemade only in accordance with the Rate Support Grant Report as so approved.

(9)The Secretary of State shall send a copy of every Rate Support Grant Report to each local authority as soon as practicable after it has been approved.

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Amendments (Textual)

Modifications etc. (not altering text)

C59S. 60 modified (19.9.1995) by 1995 c. 25, ss. 74(2), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M361974 c. 7 (81:1).

M371974 c. 7 (81:1).

61 Supplementary reports. E+W

(1)Subject to subsection (2) below, after a Rate Support Grant Report has been made for any such year the Secretary of State may, at such time or times as he thinks fit, make one or more supplementary reports for that year.

(2)Section 60(3) to (5), (7) and (9) above shall apply to a supplementary report as they apply to a Rate Support Grant Report.

(3)Subject to subsections (4) and (5) below, a supplemetary report may specify fresh determinations in place of all or any of those specified by the Rate Support Grant Report.

(4)The Secretary of State may not in a supplementary report vary the aggregate amount of domestic rate relief grant determined by him for any year in the Rate Support Grant Report for that year.

(4A)

F178(5)The power conferred by subsections (3) above shall be exercisable only in accordance with principles applicable to all local authorities and specified in the supplementary report.

(6)In addition to specifying any fresh determinations a supplemetary report shall specify [F179such explanation as the Secretary of State thinks desirable of their main features]

[F180(6A)A supplementary report may specify fresh principles for the calculation of a grant-related poundage in place of those specofied in the Rate Support Grant Report and in that event that poundage shall be recalculated on fresh principles.]

(7)If a supplmentary report is approved by a resolution of the House of Commons, any payment of any of the relevant grants for the year may be made inly in accordance with the Rate Support Grant Report for the year (as so approved, as varied by the supplementary report for the year (as so approved).

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Amendments (Textual)

Modifications etc. (not altering text)

C64S. 61 modified (19.9.1995) by 1995 c. 25, ss. 74(2), 125(2) (with ss. 7(6),115, 117, Sch. 8 para. 7)

F18162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

63 Adjustment of block grant in connection with education etc.E+W

Block grant shall be subject to the adjustments arising out of expenditure by local authorities on education and for connected purposes specified in Schedule 10 to this Act.

[F18263A Adjustment of block grant for rates equalisation contribution.E+W

(1)Where in any year a local authority is entitled to receive a contribution under a scheme made by virtue of section 66 of the London Government Act 1963 (equalisation of rates) the amount of any block grant payable to the authority for that year shall, of the Secretary of State so determines, be reduced by an amount equal to that contribution or such lesser amount as he may determine.

(2)Subsection (5) of section 61 above shall not apply to any exercise of the power conferred by subsection (3) of that section in respect of a determination under this section.]

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Amendments (Textual)

F18364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

[F18465 Information. E+W

(1)Each local authority shall submit to the Secretary of State in respect of each year, in such form and by such date as he may specify, such of the information mentioned in subsection (2) below as he may from time to time require for the purposes of this Part of this Act, section 8 of the Local Government Fiannce Act 1982, section 2 of the Rate Support Grants Act 1986 and sections 1 and 2 of the Local Government Finance Act 1987.

(2)The information is information as to the following matters—

(a)the expenditure incurred, or to be incurred, by the authority during the year,

(b)their relevant expenditure in relation to the year,

(c)their total expenditure in relation to the year, and

(d)their accounts for the year.

(3)The information required under subsection (1) above may include any of the following—

(a)what the authority calculate as the amount of the expenditure incurred, or likely to be incurred, by them during the year,

(b)what the authority calculate as the amount, or likely amount, of their relevant expenditure in relation to the year,

(c)what the authority calculate as the amount, or likely amount, of their total expenditure in relation to the year,

(d)what the authority calculate as the amount of any addition or subtraction to be made in relation to the year by virtue of any specification under section 3(1) or (7) of the Local Government Finance Act 1987, and

(e)information about the items of account which are likely to be (as well as those which have been) debited or credited to the authority’s accounts for the year.

(4)Where no or no sufficient information as to the matters mentioned in subsection (2) above has been submitted to the Secretary of State in respect of a year, whether under subsection (1) above or otherwise, he may for the purpose of making a supllmenetary report, an adjustment under section 62 above or an estimate under section 66(1) below make such assumptions as to those matters as he thinks appropriate.

(5)Where any information as to any of the matters mentioned in subsection (2) above is submitted to the Secretary of State under subsection (1) above after the date specified by him, or otherwise than under that subsection, he may for any of the purposes mentioned in subsection (4) above disreagrd it if he considers that it is not reasonably practicable to take it into account for that purpose.]

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Amendments (Textual)

F184S. 65 substituted by Local Government Finance Act (c. 6, SIF 81:1), s. 11, Sch. 4 para. 4

Modifications etc. (not altering text)

66 Estimates and calculations. E+W

(1)The Secretary of State shall, upon the best information available to him, estimate and notify each local authority the amounts of domestic rate relief garnt and block grant which will become payable to the authority for a year; and he may make and notify to an authority such further estimates of teh said amounts, taking in to account information not previously available, as he may think fit.

(2)As soon as practicable after he has received what appears to him to be sufficient information for the purpose, the Secretary of State shall make a conclusive calculation if the said amounts and notify the result of that calculation to each local authority.

(3)The amounts of domestic rate relief grant and block grant payable to a local authority shall each be calculated to the nearest pound.

(4)Where it appears to the Secretary of State from any estimate or calculation made under this section that sum in excess of the amount of the estimate or calculation has already been paid to a local authority in respect of rate support grants for the year, he may recover that sum by deduction from any amount due to that authority in respect of those grants, whether for the year or for any subsequent year, or by issuing a demand for it to the authority or partly by such deduction and partly by such a demand, as he thinks fit.

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Modifications etc. (not altering text)

67 Changes in rateable value. E+W

(1)After the amount of the block grant payable to a local authority for any year has been conclusively calculated under this Part of this Act, the authority may by notice in writing request the Secretary of State to give a direction under this section if—

(a)the rateable value of hereditaments in the authority’s area has been reduced with effect from the date on or before that which is relevant for determining the gross rateable value of the hereditaments in the authority’s area for that year under this Part of this Act; and

(b)the effect of those and any other alterations of rateable values made before the date of the notice would, had they been made on the dates as from which they took effect, have been to produce a reduction on the gross rateable value of those hereditaments which is of such a magnitude that, expresed as a percentage of their gross rateable value, it exceeds such percentage as may be specified for the purposes of this section in regulations made by the Secretary of State.

(2)On the receipt of such a notice the Secretary of State shall direct that the amount of the block grant payable to the authority for that year shall be recalculated in accordance with the following provisions of this section and a further payment on account of that grant shall be made to the local authority accordingly.

(3)The power to specify a percentage for the purposes of paragraph (b) of subsection (1) above includes power to specify, in relation to the second and subsequent notices given by a local authority in respect of any year, percentages higher than that specified in relation to the first notice given by the authority in respect of that year.

(4)Where subsection (1) above applies, the amount of the block grant payable to the authority for the year shall be recalculated by treating the gross rateable value of the hereditaments in their area as reduced by the difference between the reduction referred to in subsection (1)(b) above and the percentage specified for the purpose of that paragraph or, where more than one percentage is so specified, the lowest of them.

(5)The further payment shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of block grant and the amount recalculated as specified in subsection (2) above.

(6)Any amount payable under this section shall be payable without the making of any report under this Part of this Act and notwithstanding the contents of any such report previously made in respect of the year for which the grant is payable.

(7)Before making regulations under this section the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(8)The power to make such regulations shall be exercisable by statutory instrument.

(9)A stautory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

68 Rate support grant– supplementary.E+W

(1)In this Part of this Act “year” means a period of twelve months beginning with 1st April [F185and “joint authority” means a joint authority established by Part IV of the M38Local Government Act 1985]

(2)In section 10(2) of the M39Local Government Act 1974 the following definition shall be substituted for the definition of “prescribed":—

prescribed” means precribed by a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980 or by a supplementary report made under section 61 of that Act ;.

(3)

F186(4)

F187(5)

F188(6)

F186(7)Any power to amend regulations made under Part I of the M40Local Government Act 1974 or section 32 of the Education Act 1980 shall include power to make any such amendments in the regulations as appear to the Secretary of State to be necessary or expedient in consequence of the provisions of sections 53 to 68 above.

(8)The amendments made by subsections (2) to (6) above shall come into force on such date as teh Secretary of State may by order made by statutory instrument appoint.

(9)This Part of this Act extends to England and Wales only.

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Amendments (Textual)

Modifications etc. (not altering text)

C80The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C8111.12.1980 appointed under s. 68(8) by S.I. 1980/1893, art. 4

Marginal Citations

M381985 c. 51 (81:1).

M391974 c. 7 (81:1).

M401974 c. 7 (81:1).

Part VIIE+W+S Miscellaneous Grants

Grants in respect of rate rebates for disabledE+W+S

69 Grants in respect of rebates under the Rating (Disabled Persons) Act 1978.E+W+S

(1)For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the M41Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of. . . F189 section 4(7) of that Act. . . F189.

[F190(1A)Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

(1B)A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.]

(2)Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of the Treasury determine.

[F190(2A)Subsections (1A) and (1B) above extend to Scotland only.]

(3)In section 1(2) of the M42Local Government Act 1974 (amount available for grants to local authorities) after the words “section 8 below", in each place where they occur, there shall be inserted the words “ or section 69 of the Local Government, Planning and Land Act 1980 ”.

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Amendments (Textual)

F189Words repealed (E.W.) by S.I. 1990/776, art. 3(1), Sch. 1

Modifications etc. (not altering text)

C82The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Grants for caravan sitesE+W+S

[F19170 Grants in respect of caravan sites for gipsiesE+W+S

(1)This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the M43Caravan Sites and Cintrol of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of [F192gipsies]][F192persons to whom subsection (8A) of that section applies]

(2)The Secretary of State may, with the approval of the Treasury, make out money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

(3)Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

(4)In this section—

  • caravan” has the meaning assigned to it by the M44Caravan Sites and Control of Development Act 1960 [F193; and

  • gipsy” has the meaning assigned to it by the M45Caravan Sites Act 1968.]

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Amendments (Textual)

F191S. 70 repealed (E.W.) (3.11.1994) by 1994 c. 33, ss. 80(5), 172(4) (with s. 80(5))

F192Words from “persons" to “applies" substituted (S.) for “gipsies" by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(1), Sch. 3 para. 41(a)

F193Definition of “gipsy" and the word “and"immediately preceding it repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(1), Sch. 3 para. 41(b), Sch. 4 Pt. I

Modifications etc. (not altering text)

C83S. 70 amended (28.11.1994) by S.I. 1994/2825, reg. 54

Marginal Citations

M431960 c. 62 (46:3).

M441960 c. 62 (46:3).

M451968 c. 52 (46:3).

Part VIIIE+W Capital Expenditure of Local Authorities Etc.

F19471—80B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F19581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F19682—85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Part IXE+W+S Town and Country Planning

Allocation of planning functionsE+W

86 Distribution of planning functions between planning authorities.E+W

F197(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

F199(8)Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9)The provisions to which subsection (8) above applies are—

(a)the general transfer provisions;

(b)

F200(c)paragraph 4 of Schedule 15 below.

(10)A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11)In this section—

  • the commencement date” means the date on which there expires the period of two months beginning with the day on which this Act is passed;

  • the general transfer provisions” means—

(a)subsections (1) to (4) above; and

(b)paragraphs 12, 13, 15, 16 and 20 of Schedule 15 below;

F201transferred matter” means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the M46Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.

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Amendments (Textual)

Marginal Citations

Planning feesE+W+S

F20287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F202S. 87 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F20388. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F20489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F20590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Compulsory acquisitionE+W

91 Amendments relating to compulsory acquisition.E+W

[F206(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the M47Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

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Amendments (Textual)

Marginal Citations

Amendments of Town and Country Planning (Scotland) Act 1972S

92 Town and Country Planning – Scotland.S

F207(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F208. . ., This Part of this Act does not extend to Scotland.

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Amendments (Textual)

F207S. 92(1)-(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F208Words in s. 92(9) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Part XE+W Land Held by Public Bodies

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Modifications etc. (not altering text)

C84Pt. X (ss. 93-100): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (d)(ii); S.I. 1997/1930, art. 3

93 Public bodies to whom Part X applies.E+W

(1)This Part if this Act applies to any body for the time being specified in Schedule 16 to this Act.

(2)The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act—

(a)by adding an entry naming a public body not for the time being specified in Schedule 16;

(b)by amending or delting any entry for the time being contained in the Schedule.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5)Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6)Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.

94 Areas in which Part X is to operate.E+W

(1)This Part of this Act shall come into operation in accordance with subsection (2) below.

(2)The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

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Modifications etc. (not altering text)

C85Power of appointment conferred by s. 94(2) fully exercised as regards England by S.I. 1981/194, 1251, 1618 and fully exercised as regards Wales by S.I. 1983/94 and S.I. 1984/1493

95 Registration of land holdings.E+W

(1)The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in subsection (2) below.

(2)The conditions mentioned in subsection (1) above are—

(a)that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body;

(b)that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c)that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of performance of the body’s functions or of carrying on their undertaking.

(3)The Secretary of State may enter on the register any such land satisfying the conditions specified in subsection (2) above as he may think fit.

(4)The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is on operation or not so situated but adjoining other Crown land which is so situated.

(5)The information to beincluded in the register in relation to any land entered on it shall be as the Secretary of State thinks fit.

(6)In this section “Crown land” means land belonging to a goverment department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection “government department” includes any Minister of the Crown.

96 Public access to information.E+W

(1)The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above—

(a)a copy of that register; and

(b)such amendments to it as he may from time to time consider appropriate.

(2)It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register,

(3)A copy of the register sent to a council under this section shall be available at the council’s principal office for inspection by any member of the public at all reasonable hours.

(4)If any member of the public requires a council to supply him with a copy of the information contained in such a copy of a register, the council shall supply him with a copy of that information on payment of such reasonable charge for making it as the council may determine.

[F20996A Information about entries.E+W

(1)Where land is entered on a register under section 95(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(2)Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation the land, he shall soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(3)The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above.

(4)Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body.

(5)If at any time the body becomes aware that any information in the only or the latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that theinformation is inaccurate and give him (so far as they are able) the corrected information.

(6)Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above.]

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Amendments (Textual)

Modifications etc. (not altering text)

[F21097 Secretary of State’s power to require information.E+W

(1)The Secretary of State may direct a body to whom this Part of this Act applies to inform him whether the body or a subsidiary of the bosy holds a freehold or leasehold interest in land which is specified or is of a description specified, in the direction.

(2)A body need only to comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation.

(3)Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest in land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify.]

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Amendments (Textual)

98 Disposal of land at direction of Secretary of State.E+W

(1)The Secretary of State may direct a body to whom this Part of the is Act for the time being applies—

(a)to take steps for the disposal of the interest held by them in any land which [F211for the time being satisfies the conditions specified in section 95(2) above] or any lesser interest in such land; or

(b)to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which [F212for the time being satisfies those conditions] or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2)A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to made.

[F213(2A)A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a)is specified, or is of a description specified, in the direction, and

(b)is at the date the disposal is proposed to be made associated with the body to whom the direction is given.]

(3)A direction under this section may be varied or revoked by a further direction.

(4)The power to give directions conferred by this section is in addition to and not in derogation from any such power to the grant of an interest in land.

(5)In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

[F214(6)In subsection (2A) above references to a disposal of interest include references to a contract to disposa of an interest, and references to making a disposal include references to entering into such a contract.

(7)For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a)he is a member of the body or of a subsidiary of the body, or

(b)he is a nominee of the body or of a subsidiary of the body.

(8)For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a)the other body, or a subsidiary of the other body, is a member of it,

(b)any of its members is also a member of the otherbody or of a subsidiary of the other body, or

(c)any of its members is a nominee of the other body or of a subsidiary of the other body

(9)Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has trhe same meaning as in section 736(1) of the M48Companies Act 1985.]

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Amendments (Textual)

F211Words in s. 98(1)(a) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(a); S.I. 1993/2134, art.4

F212Words in s. 98(1)(b) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(b); S.I. 1993/2134, art. 4

Modifications etc. (not altering text)

Marginal Citations

99 Directions to dispose of land– supplementary.E+W

(1)Before giving a direction to a body under section 98 above, the Secretary of State shall give them notice of his proposal to give the direction and ot its proposed contents.

(2)A body who receives a notice under subsection (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3)If the body do not make such representations within a period of 42 days from the date of the notice or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4)If—

(a)a county council;

[F215(aa)a county borough council;]

(b)a district council;

(c)

F216(d)a London borough council or the Common Council of the City of London;

[F217(da)

F218(db)a joint authority established by Part IV of the Local Government Act 1985;]

[F219(dbb)the London Fire and Emergency Planning Authority;]

[F220(dc)a police authority established under [F221section 3 of the Police Act 1996];]

[F222(dcc)the Metropolitan Police Authority;]

(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Commission for the New Towns, a development corporation established under the [F223M49New Towns Act 1981] or an urban development corporation established under this Act; or

(f)any authority, body or undertakers in relation to whom the Secretary of State is the appropriate Minister,

have made representations under subsection (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying out of their undertaking.

(5)If any other body to whom this Part of this Act applies have made such representations, the Secretary of State may not give a direction unless the appropriate Minister certifies that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions of the carrying on of their undertaking.

[F224(5A)The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above;

(5B)The Secretary of State need not give notice under subsection (1) as regards a further direction varying a previous direction given under section 98 above if—

(a)the variation consists only of one which omits part of the land to which the previous direction relates, or

(b)the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.

(5C)The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—

(a)the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b)the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;

and the words “as proposed" in subsection (3) above shall have effect accordingly.

(5D)The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being in specified in that subsection by virtue of an order under this subsection.

(5E)No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.]

(6)In this section “the appropriate Minister”—

(a)in relation to any body whoo are statutory undertakers for the purposes of any provision of Part XI of [F225the Town and Country Planning Act 1990], shall have the same meaning as in that Part of that Act, and

(b)in relation to any other body, shall have the meaning given by an order under this [F226subsection] section made by statutory instrument by the Secretary of State with the concurrence of the Treasury.

(7)A statutory instrument containing an order under subsection [F227(5D) or] (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F220S. 99(4)(dc) inserted (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 21; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4, Sch.

F226Word substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 31(2), SSch. 5 para. 5(3)

Modifications etc. (not altering text)

C91 “Appropriate Minister" explained S.I. 1981/15

Marginal Citations

M491981 c. 64. (123:3).

[F22899A Power of entry.E+W

(1)A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land.

F229(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry hasbeen givem to every person who is an owner or occupier.

(4)In this section “owner”, in relation to any land, means a person, other than a mortagagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.]

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Amendments (Textual)

100 Interpretation and extent of Part X.E+W

[F230X2(1)In this Part of this Act—

  • subsidiary”, in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and

  • wholly-owned subsidiary[F231as defined by section 736][F232of the M50Companies Act 1985].]

[F230X2(1)Except where the context otherwise requires, in this Part of this Act, “subsidiary”, in relation to a body to whom this Part of this Act applies, means—

(a)if that body is a county council, district council, London borough council, the Common Council of the City of London or a joint authority established by Part IV of the Local Government Act 1985, a company under the control, or subject to the influence, of that body within the meaning of Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests); and

(b)in the case of any other body, a wholly-owned subsidiary of that body.

(1A)In this Part of this Act, “wholly-owned subsidiary" has the meaning assigned to it by section 736 of the Companies Act 1985.]

(2)This Part of this Act extends to England and Wales only.

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Editorial Information

X2S. 100(1)(1A) commencing “Except where" substituted (prosp.) for s. 100(1) commencing “In this Part" by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 57

Amendments (Textual)

F230S. 100(1)(1A) commencing “Except where" substituted (prosp.) for s. 100(1) commencing “In this Part" by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 57

Marginal Citations

Part XIE+W+S+N.I. Community Land Act

101 Repeal.E+W+S+N.I.

(1)The M51Community Land Act 1975 shall cease to have effect in accordance with Schedule 17 below.

(2)This section and Schedule 17 below shall not extend to Northern Ireland (except so far as they repeal any enactment so extending).

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Marginal Citations

Part XIIE+W+N.I. The Land Authority for Wales

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Modifications etc. (not altering text)

C92Pt. XII (ss. 102-111) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

The AuthorityE+W

F233102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

FunctionsE+W

F234103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Acquisition of landE+W

F235104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F236105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

MiscellaneousE+W

F237106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F238107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F239108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F240109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F241110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Amendments (Textual)

F242111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Part XIIIE+W+S Land Compensation

112 Claims for compensation for depreciation. E+W+S

(1)Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows.

(2)In section 3(2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from “otherwise than" onwards there shall be substituted the words “ before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day". ”.

(3)In section 1(1)(b) of each Act for the words “within the time limited" there shall be substituted the words “ after the time provided ”.

(4)In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and 92) and 16 of the Scottish Act of 1973 for the words “the beginning of the claim period" or “the first day of the claim period" wherever they occur, there shall be substituted the words “ the first claim day ” and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words “the beginning of that period" there shall be substituted the words “ that day ”.

(5)In section 19(1) of the Act of 1973 and section 17(1) of the Scottish Act of 1973 the definition of “the claim period" shall be omitted and immediately before the definition of “highway" there shall be inserted he following definition—

the first claim day” has the meaning given in section 3(2) above;.

(6)After section 19(2) of the Act of 1973 there shall be inserted the following subsection—

(2A)For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day..

(7)After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection—

(2A)Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day..

(8)In section 19(3) of the Act 1973 and section 17(3) of the Scottish Act of 1973 the words from “but, if it does" onwards shall be omitted.

(9)Part I of each Act shall have effect without amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.

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Modifications etc. (not altering text)

C96The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

113 Claims for compensation for depreciation which are out of time on commencement date.E+W+S

(1)This section applies to any claim which is made under Part I of the Land Compensation Act on or after the commencement date where—

(a)the claim period for the claim has expired, or an event before which the claim should have been made has occurred, before that date; and

(b)the public works to which the claim relates are a highway in respect of which the Minister or, in England, the Secretary of State was the appropriate highway authority; and

(c)the Minister is satisfied that the publicity given to the right to claim compensation in respect of those works and to the period within which and the events before which claims should be made was not such as to make potential claimants sufficiently aware of those matters.

(2)Where the claim period for a claim to which this section applies has expired before the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect—

(a)as if the claim had been made on the first day of the last twelve months of that period; and

(b)where the claimant’s qualifying interest was acquired as mentioned in section 11 of the Land Compensation Act (interests acquired by inheritance) on or after that day, as if it had been so acquired before that day.

(3)Where the person who makes a claim to which this section applies has on or after 23rd June 1973 and before the commencement date—

(a)disposed of the qualifying interest in respect of which the claim is made; or

(b)in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest; or

(c)in the case of a qualifying interest which is a qualifying tenancy within the meaning of section 12 of the Act of 1973, disposed of the freehold or extended lease acquired by him under Part I of the M52Leasehold Reform Act 1967,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day before the disposal or, as the case may be, the granting of the tenancy.

(4)Where the person who makes a claim to which this section applies has on or after 17th October 1972 and before 23rd June 1973—

(a)disposed of the qualifying interest in respect of which the claim is made; or

(b)in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on 23rd December 1973.

(5)Where the qualifying interest in respect of which a claim to which this section applies is made is a tenancy granted or extended for a term of years certain or, in Scotland, for a period of which—

(a)three years or more remained unexpired on the first day of the claim period or, as the case may be, the first claim day; and

(b)less than three years remains unexpired on the commencement date,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day on which three years of that term or period remained unexpired.

(6)In the case of a claim to which both subsection (2) and subsection (3) or subsection (5) above apply, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on whichever of the days mentioned in those two subsections is the earlier.

(7)Any notice of a claim to which subsection (3), (4) or (5) above applies shall specify, in addition to the matters mentioned in section 3 of the Land Compensation Act, the date of the disposal, the date of the granting of the tenancy or, as the case may be, the date on which three years of the term or period remained unexpired.

(8)Section 8(1) of the Land Compensation Act (compensation payable once only in respect of the same works and the same land) shall have effect in relation to any claim to which this section applies as if any ex gratia payment made by the Minister or, as the case may be, the Secretary of State in respect of a claim which—

(a)was made before the commencement date in relation to the same works and the same land; and

(b)was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made,

had been a payment of compensation on that claim.

(9)Where compensation is payable on a claim to which this section applies, the compensation shall not carry interest under section 18(1) of the Act of 1973 or, as the case may be, section 16 of the Scottish Act of 1973 for the period beginning with the commencement date and ending with the date on which the claim is made unless either that period is a period of not more than six months or—

(a)the claimant had made a similar claim before the commencement date; and

(b)that claim was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made.

(10)For the purposes of the M53Limitation Act 1939, a person’s right of action to recover compensation under Part I of the Act of 1973 on a claim to which this section applies shall be deemed to have accrued on the commencement date, and not, in any case to which section 19(2A) of the Act of 1973 applies, the first claim day.

(11)Section 6 of the M54Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under Part I of the Scottish Act of 1973 arising on a claim to which this section applies, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the commencement date, and not, in any case to which section 17(2A) of the said Scottish Act of 1973 applies, the first claim day.

(12)In this section—

  • commencement date” means the date of the passing of this Act;

  • the Minister” means the Minister of Transport in relation to England and the Secretary of State in relation toScotland and Wales.

(13)This section—

(a)in its application to England and Wales, shall be construed as one with Part I of the Act of 1973; and

(b)in its application to Scotland, shall be construed as one with Part I of the Scottish Act of 1973.

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Marginal Citations

114 Claims for home loss payments. E+W+S

(1)Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows.

F243(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4) of each section for the words from the beginning to “expiration of that period" there shall be substituted the words “ Where a person (“the deceased") entitled to a home loss payment dies without haviing claimed it, a claim to the payment may be made ”.

(4)After subsection (7) of the said section 32 there shall be inserted the following subsection—

(7A)For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of the displacement..

(5)After subsection (7) of the said section 29 there shall be inserted the following subsection—

(7A)Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of the displacement..

(6)Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.

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Amendments (Textual)

Modifications etc. (not altering text)

C97The text of s. 114 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

115 Interpretation of Part XIII.E+W+S

In this Part of this Act—

  • the Act of 1973” means the M55Land Compensation Act 1973;

  • the Scottish Act of 1973” means the M56Land Compensation (Scotland) Act 1973;

  • the Land Compensation Act” means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.

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Marginal Citations

M551973 c. 26 (28:1).

M561973 c. 56 (28:2).

Part XIVE+W+S+N.I. Land—Miscellaneous

Development landE+W+S

116 Assessment of development land.E+W+S

(1)If the Secretary of State directs an authority to do so, it shall make an assessment of land which is in its area and which is in its opinion available and suitable for development for residential purposes.

(2)In connection with any assessment under subsection (1) above, the authority shall comply with such directions as the Secretary of State may give.

(3)In particular, he may give directions about any consultations to be made prior to the assessment (whether with other authorities or with builders or developers or other persons), about the way any consultation is to be made, and about producing reports of assessments and making copies of the reports available to the public, and directions that an authority is to make the assessment alone or jointly with another authority or authorities.

(4)The following are authorities for the purposes of this section, namely—

(a)(in the application of the section to England F244. . .) the councils of counties, districts and London boroughs F245

[F246(aa)(in the application of the section to Wales) the councils of counties and county boroughs;]

(b)(in the application of the section to Scotland) regional, general and district planning authorities.

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Amendments (Textual)

F247117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Miscellaneous provisions about landE+W+S+N.I.

118 Land miscellaneous amendments. E+W+S

Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

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Modifications etc. (not altering text)

C98The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F248119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

120 Compulsory acquisition: exclusion of special parliamentary procedure. E+W+S

(1)The [F249Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947] shall apply to any compulsory acquisition of an interest in land where—

(a)the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after [F2506th April 1976 (or, in the application of this section to Scotland,] 1st September 1976), and

(b)the person acquiring the interest is a [F249regional, islands or district council], [F250the Peak Park Joint or Lake District Special Planning Board,] any statutory undertakers [F251, the Scottish Ministers] or a Minister,

subject to the modifications made by this section.

(2)Paragraph 9 of Schedule 1 to [F250the Act of 1946 or, as the case may be] the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to [F250the National Trust or] the National Trust for Scotland.

(3)[F250In this section—

  • the Acquisition of Land Acts” means the M57Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and “the Act of 1946” and “the Scottish Act of 1947” mean those Acts respectively;

  • local authority” means—

(a)in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

(b)in relation to Wales, the council of a county or district,

(c)in relation to Scotland, a [F252council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

and this section applies to the Isles of Scilly, as if the Council of those Isles were the council of a county;]

  • statutory undertakers” means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F253, F254 hydraulic power or water,

(b). . . F255, the Civil Aviation Authority, F256. . ., [F257a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of [F250the M58Town and Country Planning Act 1971 or [F258the Town and Country Planning (Scotland) Act 1997], and]

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(4)An order under paragraph (c) of the definition of “statutory undertakers” in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)This section (which re-enacts section 41 of the M59Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included a new town authority (that is, a development corporation as defined [F250in section 2 of the New Towns Act 1965, or] in section 2 of the M60New Towns (Scotland) Act 1968) and a joint board established under section 2 of the M61Community Land Act 1975, and as if “local authority” meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the M62Local Government (Scotland) Act 1973.

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Amendments (Textual)

F251Words in s. 120(1)(b) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 67 (with art. 5)

F252S. 120(3): words in para.(c) in definition of

local authority

substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(5); S.I. 1996/323, art. 4(1)(c)

F256S. 120(3): words in para. (b) in definition of

statutory undertakers

repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(1), Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F257S. 120(3)(b): words in definition of

statutory undertakers

substituted (26.3.2001) by S.I. 2001/1149, art. art. 3(1), Sch. 1 para. 48(2)

F258S. 120(3): words in para. (b) in definition of

statutory undertakers

substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(2)

Modifications etc. (not altering text)

C101S. 120(1)(b) extended (1.4.1996) by 1994 c. 39, s. 99(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

S. 120(1)(b) extended (S.) (1.4.2002) by 2002 asp 3, s. 47(3)(5) (subject to s. 67(4)); S.S.I. 2002/118, art. 2 (subject to art. 3)

Marginal Citations

M571946 c. 49 (28:1).

M581971 c . 78 (123:1).

M601968 c. 16 (123:4).

M621973 c. 65 (81:2).

121 Certification of appropriate alternative development.E+W+S

(1)This section re-enacts section 47 of the Community Land Act 1975 and accordingly shall have effect only in relation to applications, and certificates issued in pursuance of applications, made after 12 December 1975.

(2)Section 17 of the M63Land Compensation Act 1961 and section 25 of the M64Land Compensation (Scotland) Act 1963) (certification of appropriate alternative development) shall each continue to be amended in accordance with subsections (2) to (5) of section 47 of the Community Land Act 1975 and, as amended by those subsections, section 49(3) of the said Act of 1963 and section 172(2) of the Local Government (Scotland) Act 1973, shall have effect as set out in Schedule 24 below.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M631961 c. 33 (28:1).

122 Acquisition and disposal of land by the Crown.E+W+S

(1)Where, in exercise of the power conferred by section 2 of the M65Commissioners of Works Act 1852, F259. . . (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the “public service land") and in his opinion other land ought to be acquired together with the public service land—

(a)in the interests of the proper planning of the area concerned; or

(b)for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or

(c)where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor,

the said [F260section] 2, F259. . ., shall apply to that other land as if its acquisition were necessary for the public service.

In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

(2)The said [F260section] 2, F261. . . shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also—

(a)to meet the interests of proper planning of the area, or

(b)to secure the best, or most economic, development or use of the land.

for other purposes.

(3)The said [F260section] 2, F261. . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c)of a foreign sovereign Power or the Government of such a power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4)Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

(5)Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subesection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

(6)The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said [F260section] 2, F261. . .to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

(7)Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

(8)This section (which re-enacts section 37 of the M66Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for sub-section (3) there were substituted:—

(3)The said [F260section]2, F261. . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F259Words in s. 122(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F260Word in s. 122(1)(2)(3)(6)(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(3)

F261Words in s. 122(2)(3)(6)(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations

M651852 c. 28 (29:7).

123 Acquisition of land by the Crown in Northern Ireland.N.I.

(1)The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;

(b)of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c)of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(2)The said provisions are section 5(1) of the M67Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the M68Land Acquisition and Compensation (Northern Ireland) Order 1973.

(3)This section (which re-enacts section 38 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (1) there were substituted:—

(1)The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4)This section extends to Northern Ireland only.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M681973 No. 1896 (N.I. 21).

124 Town development functions.E+W

(1)Subject to subsections (2) and (3) below, the functions under the M69Town Development Act 1952 which the M70Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils.

(2)Nothing in this section shall affect—

(a)any undertaking under section 4 or 10(3) of the Town Development Act 1952; or

(b)any agreement under section 8 of that Act,

which a county council have given or made before the passing of this Act.

(3)The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M691952 c. 54 (123:1).

M701972 c. 70. (81:1).

125 Extent of Part XIV.E+W

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

Part XVE+W+S New Towns

Payments to Secretary of StateE+W+S

F262126—130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

LicensingE+W+S

131 Off-licences: special provisions to cease.E+W

(1)Part VI of the 1964 Act (licensing in new towns) shall cease to have effect in relation to the licensing of premises in new towns by way of a justices off-licence.

(2)References in Part VI of the 1964 Act to licensed premises and to a justices’ licence shall be construed accordingly.

(3)In consequence of subsection (1) above, the following provisions of the 1964 Act shall be omitted, namely sections 112(1)(a)(ii) and (b)(ii) and in section 112(5) the words “or licensed premises".

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