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Local Government, Planning and Land Act 1980

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2 Duty of authorities to publish information.E+W

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

(a)a county council;

[F1(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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 [F3council 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 [F4board] constituted by an administration scheme under section 36 of that Act [F5or section 147 of the Local Government (Scotland) Act 1973];

(j)[F6 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)[F6a 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 [F7board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [F7, 20 or 21B] of the Police (Scotland) Act 1967; . . . F8

[F9(ka)a joint authority established by Part IV of the M3Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

[F11 ; 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.

F12(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

[F13(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.

Extent Information

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

Textual Amendments

F2S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F6Words 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.

F11Words 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)

C2S. 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;

[F14(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(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 [F16council 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 M6Fire Services Act 1947, or in Scotland, a joint [F16board]constituted by an administration scheme under section 36 of that Act [F17or section 147 of the Local Government (Scotland) Act 1973];

(j)[F18a police committee constituted under section 2 of the M7 Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M8 Police (Scotland) Act 1967 ;

(k)[F18a 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 [F16board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [, 20 or 21B] of the Police (Scotland) Act 1967; . . . F19

[F20(ka)a joint authority established by Part IV of the M9Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

F22; 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.

F23(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 M10General Rate Act 1967 F24. . .

[F25(aa)its dispatch with, or inclusion in—

(i)a demand note for payment of rates issued under section 237(1) of the M11Local Government (Scotland) Act 1947 ; or

[F26(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 M12 Local Government Act 1972 or section 105 of the M13Local 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.

Extent Information

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

Textual Amendments

F15S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F18Words 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.

F22Words in s. 2(1) inserted (27.7.2000) by 1999 c. 27, ss. 20, 27(1)

Modifications etc. (not altering text)

C3S. 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

M91985 c. 51 (81:1).

M101967 c. 9 (103:1, 2).

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