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Localism Act 2011

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51Meaning of “public authority” and related termsE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)This section defines various terms used in this Part.

(2)Public authority” means—

(a)a local authority to which subsection (3) applies; or

(b)any other person or body which has any non-devolved functions.

(3)This subsection applies to—

(a)any of the following in England—

(i)a county council, district council or London borough council;

(ii)the Common Council of the City of London (in its capacity as a local authority);

(iii)the Greater London Authority; and

(iv)the Council of the Isles of Scilly;

(b)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(c)a district council within the meaning of the Local Government Act (Northern Ireland) 1972;

(d)a council of a county or county borough in Wales.

(4)References to functions are to functions of a public nature.

(5)References to non-devolved functions are to functions which are not devolved functions.

(6)References to devolved functions are to—

(a)Scottish devolved functions, that is to say functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);

(b)Northern Ireland devolved functions, that is to say functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998); or

(c)Welsh devolved functions, that is to say functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006.

(7)References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions.

(8)The “appropriate national authority”, in relation to a public authority with mixed functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that public authority)—

(a)the Scottish Ministers, if the public authority has any Scottish devolved functions;

(b)the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and

(c)the Welsh Ministers, if the public authority has any Welsh devolved functions.

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