The Smaller Authorities (Transparency Requirements) (England) Regulations 2015

Statutory Instruments

2015 No. 494

Local Government, England

The Smaller Authorities (Transparency Requirements) (England) Regulations 2015

Made

4th March 2015

Laid before Parliament

9th March 2015

Coming into force

1st April 2015

The Secretary of State for Communities and Local Government makes these Regulations in exercise of the powers conferred by section 3(1), (2), (3) and (4) of the Local Government, Planning and Land Act 1980(1).

In accordance with section 3(11) of the Local Government, Planning and Land Act 1980, before making these Regulations the Secretary of State consulted with such associations of authorities to whom section 2 of the Local Government, Planning and Land Act 1980(2) applies as appeared to the Secretary of State to be concerned.

The Secretary of State is of the opinion that it is necessary to make these Regulations to ensure that authorities in England to whom section 2 of the Local Government, Planning and Land Act 1980 applies publish information specified in the Transparency code for smaller authorities(3) 2014, in the manner and form and on the occasions specified in that Code.

Citation and commencement

1.  These Regulations may be cited as the Smaller Authorities (Transparency Requirements) (England) Regulations 2015 and come into force on 1st April 2015.

Requirement to publish information

2.—(1) An authority to which the Code applies must publish the information specified in the Code in the manner and form and on the occasions specified in the Code.

(2) In this regulation, “the Code” means the “Transparency code for smaller authorities”, issued on 17th December 2014 by the Secretary of State for Communities and Local Government(4).

Signed by authority of the Secretary of State for Communities and Local Government

Kris Hopkins

Parliamentary Under Secretary of State

Department for Communities and Local Government

4th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under section 2 of the Local Government, Planning and Land Act 1980 the Secretary of State may issue a code of recommended practice on publication of information by local authorities. Under section 3 of the 1980 Act, the Secretary of State may by regulations require authorities to publish the information specified in such a code, in the manner and form and on the occasions specified in that code.

These Regulations require authorities in England to which the Transparency code for smaller authorities (“the Code”) issued on 17th December 2014 applies to comply with that Code. The Code can be accessed at https://www.gov.uk/government/publications/transparency-code-for-smaller-authorities and copies may be obtained from the Department for Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on the public sector is minimal.

(1)

1980 c.65.

(2)

Section 2(1) was amended by sections 84 and 102 of, and paragraphs 59 of Schedule14 and Schedule 17 to, the Local Government Act 1985 (c.51); section 237 of, and Part 1 of Schedule 13 to, the Education Reform Act 1988 (c.40); section 328 of, and paragraph 28 of Part 1 of Schedule 29 to, the Greater London Authority Act 1999 (c.29); section 20 of the Local Government Act 1999 (c.27); section 53(1) of, and paragraph 49(1) and (2) of Schedule 1 to, the Fire and Rescue Services Act 2004 (c.21) ; sections 136(3) and 209(2) of, and paragraph 1 of Schedule 7 and paragraph 36(1) and (2) of Part 2 of Schedule 13 to, the Local Government and Public Involvement in Health Act 2007 (c.28); section 119 and paragraphs 48 and 29 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c.20); and section 38 of the Local Audit and Accountability Act 2014 (c.2). There are other amendments in relation to Scotland and Wales which are not relevant to this instrument.

(3)

Issued on 17th December 2014.

(4)

ISBN 978-1-4098-4439-6.