Local Government Act 1992

SCHEDULES

Section 11.

SCHEDULE 1 Amendments of Competition Provisions

The Local Government, Planning and Land Act 1980 (c. 65)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Local Government Act 1988 (c. 9)

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

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

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

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

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

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

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

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

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

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

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

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

Section 12.

SCHEDULE 2 The Local Government Commission for England

Membership

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

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

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

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

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

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

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

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

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

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

Remuneration, pensions etc.

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

(2) The Commission may—

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

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

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

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

Staff

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

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

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

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

(5) The Commission may—

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

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

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

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

Incidental powers

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

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

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

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

Proceedings

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

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

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

Delegation of powers

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

Members' interests

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

Application of seal and proof of instruments

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

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

Finances of the Commission

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

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

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

Accounts

10 (1) The Commission shall—

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

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

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

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

The Parliamentary Commissioner

11 In the [1967 c. 13.] Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted, at the appropriate place, the following entry— “Local Government Commission for England.

House of Commons disqualification

12 In Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons), in Part II there shall be inserted, at the appropriate place, the following entry— “The Local Government Commission for England

Section 27.

SCHEDULE 3 Amendments consequential on Part II

The Fire Services Act 1947 (c. 41)

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

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

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

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

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

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

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

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

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

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

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

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

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

The Police Act 1964 (c. 48)

3 (1) For paragraphs (a) and (b) of subsection (1) of section 23 of the Police Act 1964 there shall be substituted the words “with respect to any two or more prospective police areas”.

(2) For subsection (1B) of that section there shall be substituted the following subsection—

“(1B) In this section—

• “prospective police area” means any area which (apart from any amalgamation scheme) would become a police area by virtue of an order under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972 or which, in accordance with such an order, is to be treated, for the purposes of the approval or making of any amalgamation scheme, as an area which would become a police area by virtue of that order; and

• “the relevant date”, in relation to a prospective police area, means the date on which the order in question gives effect to structural or boundary changes affecting the area comprised in the prospective police area;

and in this subsection the reference to a structural or boundary change is a reference to any structural or boundary change within the meaning of Part II of that Act of 1992 or, in relation to an order under Part IV of that Act of 1972, to the constitution of a new county or the alteration of an existing county.”

(3) In subsection (2) of that section (modifications for the purposes of an amalgamation scheme), for paragraphs (a) to (c) there shall be substituted the following paragraphs—

“(a) any reference to a police area shall include a reference to a prospective police area;

(b) any reference, in relation to a prospective police area, to a constituent authority shall be a reference to the police authority for any police area the whole or any part of which will be included in the prospective police area and the council of any county the whole or any part of which will be so included; and

(c) any reference, in relation to a prospective police area, to the police authority (except a reference to which paragraph (b) above applies) shall be a reference to any constituent authority (within the meaning of that paragraph) other than the council for a county for which there is a separate police authority.”

(4) For subsection (3) of that section there shall be substituted the following subsection—

“(3) For the purposes of the approval or making of any amalgamation scheme with respect to any area, any steps required by this Act to be taken before an amalgamation scheme is approved or made may be taken at any time—

(a) after any report affecting that area, together with proposals or recommendations, has been submitted to the Secretary of State under Part II of the Local Government Act 1992 or Part IV of the Local Government Act 1972; and

(b) before an order is made to give effect to the proposals or recommendations,

if the Secretary of State has notified the general nature of the order he intends to make to give effect to the proposals or recommendations to every authority which for the purposes of sections 21 and 22 above (as modified by subsection (2) above) would be a constituent authority in relation to that scheme.”

4 In paragraph 7 of Schedule 1 to that Act—

(a) in sub-paragraph (a), for the words for “of the new” to the end of the sub-paragraph there shall be substituted the words “for any relevant area, that is to say, any area which under the order in question is (within the meaning of section 23 of this Act) a prospective police area and to which the scheme is to apply”; and

(b) in sub-paragraph (b), for the words from “each of the following” to the end of the sub-paragraph there shall be substituted the words “every council which is the council for a county the whole or any part of which is included in a relevant area.”

5 (1) In paragraph 3 of Schedule 3 to that Act (obligation to hold public inquiry before making amalgamation scheme if an objection is made), at the beginning there shall be inserted the words “Subject to paragraph 3A below”.

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

“3A If, in a case where a notice of objection with respect to any proposed scheme is received by the Secretary of State as mentioned in paragraph 3 above—

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

(b) the period (if any) that has elapsed between the making of that order and the giving of the notice which is required to be given under paragraph 1 above in relation to that scheme does not exceed twelve months,

the Secretary of State shall be under a duty to consider that objection but shall not be required to cause a local inquiry to be held in respect of it.”

The Local Government Act 1972 (c. 70)

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

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

(2) In subsection (7) of that section—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Interpretation Act 1978 (c. 30)

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

The Banking Act 1987 (c. 22)

22 In section 103(6)(b) of the Banking Act 1987 (effect of change of local government area on connection between local authority and municipal banks), for the words “or Part II” there shall be substituted the words “or Part II of the Local Government Act 1992 or under Part II”.

Section 29.

SCHEDULE 4 Repeals

Part I Repeals relating to Part I

Chapter	Short title	Extent of repeal
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 13(6).In section 16, subsections (2) and (3).In section 19A(1)(f), the words “(1) to (3)”.
1982 c. 32.	The Local Government Finance Act 1982.	In section 15(1), the word “and” immediately preceding paragraph (c).
1988 c. 9.	The Local Government Act 1988.	In section 7(3)(a), the word “periods”.

Part II Repeals relating to Part II

Chapter	Short title	Extent of repeal
1972 c. 70.	The Local Government Act 1972.	Sections 46 to 52.In section 60(2)(b), the words “50(4) or”.Sections 62 and 63.Section 66.Section 196(7) and (8).In section 197(5), the words “and for the words” onwards.In section 270(1), the definitions of “the Commission” and “the English Commission”.Schedule 7.Schedule 9.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part II of Schedule 1, the entry relating to the Local Government Boundary Commission for England.
1985 c. 51.	The Local Government Act 1985.	In Schedule 16, paragraphs 4 to 6.