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- Point in Time (01/04/2021)
- Original (As enacted)
Version Superseded: 26/12/2023
Point in time view as at 01/04/2021.
Local Authorities (Goods and Services) Act 1970 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act to make further provision with respect to the supply of goods and services by local authorities to certain public bodies, and for purposes connected therewith.
[29th May 1970][29th May 1970][29th May 1970][29th May 1970]
Modifications etc. (not altering text)
C1Act saved (E.W.) by Local Government Act 1972 (c. 70), ss. 101(14), 112(6), 201(5) and (S.) by Local Government (Scotland) Act 1973 (c. 65), ss. 56(15), 64(6), 149(2)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C3Act excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 6(2)
C4Act extended by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 163(1)(2)
C5Act extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13, para. 18
C6Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 11(1)
C7Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 68(1)(2)(which was repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch.9; S.I. 1992/831, art. 2, Sch.3).
C8Act amended (E.W.) 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. 40, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C9Act amended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:1), s. 82(1), Sch. 10 para. 3
C10Act amended (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.71(1)(2); S.I. 1992/831, art. 2, Sch. 3.
C11Act extended (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 12(10), Sch. 2 para. 21; S.I. 1992/817, art. 3(2), Sch. 1.
Act restricted (3.4.1995) by 1994 c. 19, s. 25(7) (with ss. 54(5)(7), 55(3), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1995/852, art. 4(1), Sch. 2
Act extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(a) (with ss. 54(5)(7), 55(3), 66(7), Sch. 17 paras. 22(1), 23(2)
Act applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
Act applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
Act extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 5 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Act extended (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Act modified (E.W.) (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 4
Act applied (S.) (6.4.1995) (temp.) by S.I. 1995/789, art. 2, Sch. para. 2
Act amended (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 17 (with ss. 1(4), 561, 562)
Act amended (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 2(1)(a)(2); S.I. 1997/1468, art. 2, Sch. 1 Pt. III
Act amended (1.3.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 2(1)(b); S.I. 1998/386, art. 2 Sch. 1 Pt. I
Act extended (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 2(1)(2) (with ss. 138(9), 144(6); S.I. 1998/2212, art. 2, Sch. 1
Act amended (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 32, Sch. 7 para. 3; S.I. 1998/2958, art. 2; S.I. 2000/1173, art. 2(2)(c)
Act amended (E.) (8.2.2000) by S.I. 2000/63, arts. 2, 3, Sch.
Act extended (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 11 (with s. 32); S.S.I. 2000/312, art. 2
C12Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C13Act modified (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 61 (with s. 67); S.S.I. 2002/118, art. 2(3)
C14Act modified (E.W.) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 30
C15Act modified (E.W.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 30
C16Act applied (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), Sch. 1 para. 16(1)(a); S.S.I. 2005/454, art. 2, Sch. 2
C17Act modified (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 74(1), 277(1)
C18Act modified (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 32, 208(1) (with s. 19(3))
C19Act extended (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 3; S.I. 2010/1151, art. 2, Sch. 1
Commencement Information
I1Act wholly in force at Royal Assent
(1)Subject to the provisions of this section, a local authority and any public body within the meaning of this section may enter into an agreement for all or any of the following purposes, that is to say—
(a)the supply by the authority to the body of any goods or materials;
(b)the provision by the authority for the body of any administrative, professional or technical services;
(c)the use by the body of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the body of the services of any person employed in connection with the vehicle or other property in question;
(d)the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the body is responsible;
and a local authority may purchase and store any goods or materials which in their opinion they may require for the purposes of paragraph (a) of this subsection.
(2)Nothing in paragraphs (a) to (c) of the preceding subsection authorises a local authority—
(a)to construct any buildings or works; or
(b)to be supplied with any property or provided with any service except for the purposes of functions conferred on the authority otherwise than by this Act;
(3)Any agreement made in pursuance of subsection (1) of this section may contain such terms as to payment or otherwise as the parties consider appropriate.
(4)In this Act—
“Local authority”, in relation to England and Wales, means the council of [F1any county, county borough], F2..., county district or London borough [F3the Greater London Authority] [F4the Broads Authority], F5..., the Common Council of the City of London, the Council of the Isles of Scilly and any joint board, joint committee and combined authority [F6 ...F7 and any joint authority established by Part IV of the Local Government Act 1985, [F8any corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021,] [F9any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, any combined authority established under section 103 of that Act,] [F10any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F11... [F12, a Mayoral development corporation] [F13and [F14the London Fire Commissioner] [F15and Transport for London]]] and, in relation to Scotland, [F16means a [F17council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or any joint board or combination of those councils];
[F18“public body” means any local authority [F19, any [F20police and crime commissioner], F21..., any ] [F22housing action trust established under Part III of the Housing Act 1988] [F23, any probation trust], F24... any person who is a public body by virtue of subsection (5) of this section and, in relation to England and Wales, any parish council, F2... and representative body of a rural parish; and]
[F18“works of maintenance” include minor renewals, minor improvements and minor extensions.]
(5)The following Ministers, that is to say—
(a)in relation to England and Wales, the Minister of Housing and Local Government and the Secretary of State acting jointly; and
(b)in relation to Scotland, the Secretary of State,
may by order made by statutory instrument provide that any person who is specified in the order or is of a description so specified, being a person or description of persons appearing to those Ministers or the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of this Act in its application to England and Wales or Scotland, as the case may be; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)An order under the preceding subsection may contain such provisions as the person making it considers appropriate—
(a)for restricting the agreements which may by virtue of the order be entered into by a public body;
(b)without prejudice to the preceding paragraph, for securing the inclusion in any agreement made by virtue of the order of terms imposing restrictions.
[F25(7)The Great Yarmouth Port and Haven Commissioners shall be treated as a public body for the purposes of paragraphs (a) and (b) of subsection (1) above as those paragraphs apply in relation to agreements entered into by the Broads Authority.]
Textual Amendments
F1Words in s. 1 substituted (3.4.1995) by 1994 c. 19, s. 25(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch.
F2Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F3Words in s. 1(4) inserted (8.5.2000) by 1999 c. 29, s. 388(a) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 3
F4Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 8(1)
F5Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F6Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 47
F7Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F8Words in s. 1(4) inserted (E.W.) (1.4.2021) by The Corporate Joint Committees (General) (Wales) Regulations 2021 (S.I. 2021/327), reg. 1(2), Sch. 3 para. 1
F9Words in s. 1(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 9; S.I. 2009/3318, art. 2(c)
F10Words in s. 1(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 22; S.I. 2017/399, reg. 2, Sch. para. 38
F11Words in s. 1(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(6); S.I. 2015/994, art. 6(g)
F12Words in s. 1(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 2
F13Words in s. 1(4) inserted (3.7.2000) by 1999 c. 29, s. 388(b) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 4
F14Words in s. 1(4) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 33; S.I. 2018/227, reg. 4(c)
F15Words in s. 1(4) substituted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 1; S.I. 2012/628, art. 4(c)
F16Words substituted by the Local Government (Scotland) Act 1973 (c. 65, SIF 81:1), Sch. 27 para. 195
F17Words substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 84; S.I. 1996/323, art. 4(1)(c)
F18Words in s. 1(4) repealed (S.) (1.4.2003 for specified purposes) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(d)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F19S. 1(4): words in definition inserted (1.10.1994) by 1994 c. 29, s. 43, Sch. 4 para. 5; S.I. 1994/2025, art. 6(2)(e)
F20Words in s. 1(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 94; S.I. 2012/2892, art. 2(i)
F21Words in the definition of "public body" in s. 1(4) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 58, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F22Words inserted (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 89(2)
F23Words in s. 1(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 4(2)
F24Words in s. 1(4) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 13
F25S. 1(7) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 8(2)
Modifications etc. (not altering text)
C20S. 1 extended (E.W.) by Water Act 1973 (c. 37), s. 7(1)
C21Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681
C22S. 1 amended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 145(2)(3), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C23S. 1 amended (E.W.) 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. 40, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C24S. 1 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 4(4)(5), 225(2) (with ss. 179, 222(3), 224(1), 225(4), Sch. 22 para. 1, Sch. 23 para. 6)
C25S. 1 extended (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 20
S. 1(1)-(3) applied (with modifications) (E.W.) (1.4.1995) by 1964 c. 48, s. 8A (as inserted by 1994 c. 29, s. 9; S.I. 1994/3262, art. 4, Sch.)
S. 1(1)-(3) applied (with modifications) (E.W.) (22.8.1996) by 1996 c. 16, s. 18 (as substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 101; S.I. 2002/2306, art. 2(f)(x))
C26S. 1 modified (E.W.) (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(2)
C27S. 1(1) applied (with modifications) (E.W.) (16.1.2012 for specified purposes, otherwise 22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 15(1), 157(1); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(a)
C28S. 1(2) applied (with modifications) (E.W.) (16.1.2012 for specified purposes, otherwise 22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 15(1), 157(1); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(a)
C29S. 1(3) applied (with modifications) (E.W.) (16.1.2012 for specified purposes, otherwise 22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 15(1), 157(1); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(a)
C30S. 1(4) extended (E.W.) by National Health Service Act 1977 (c. 49, SIF 113:2), s. 28(1)
C31S. 1(4) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(h)
C32S. 1(4) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(e)
C33S. 1(4) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 6(a)
C34S. 1(5) extended (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 12(1)
C35S. 1(5) extended (E.W.) by National Health Service Act 1977 (c. 49, SIF 113:2), s. 28(2) and (E.W.S.) by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 163(2)(3)
S. 1(5) extended (with modifications) (E.W.) (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 2(2)(3) (with ss. ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1
S. 1(4)(5) extended (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 44; S.I. 2001/919, art. 2(f)(ii)
C36S. 1(4)(5) extended (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 74, 277(1)
(1)Subject to the provisions of this section, a local authority and any [F28person] may [F29, in relation to any relevant trading operation carried on by the authority,] enter into an agreement for all or any of the following purposes, that is to say—
(a)the supply by the authority to the [F28person] of any goods or materials;
(b)the provision by the authority for the [F28person] of any F30... services;
(c)the use by the [F28person] of any [F31property belonging to or facilities under the control of] the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the [F28person] of the services of any person employed in connection with the [F31property or facility] in question;
F32(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F33(1A)A local authority shall not, in relation to any trading operation carried on by them, enter into an agreement under subsection (1) above if the likely result of doing so would be that the commercial services income accruing to the authority in any financial year under that and all other such agreements already entered into by the authority with such persons in relation to that operation would exceed the statutory limit.
(1B)Subsection (1A) above does not apply in respect of an agreement entered into by a local authority with—
(a)another local authority;
(b)a public authority or body; or
(c)a person who, in the circumstances set out in subsection (1L) below, enters into the contract in order to provide the local authority with goods or services,
or with a person who, not being a public body, has functions of a public nature or engages in activities of that nature and the purpose or effect of the agreement is to facilitate discharge by that person of those functions or that person’s engagement in those activities.
(1C)The restriction in subsection (1A) does not prevent a local authority from entering into an agreement where the likely result of doing so would be that the income referred to in that subsection will exceed the limit there referred to if the Scottish Ministers give prior consent to the authority doing so.
(1D)In subsection (1A) above—
(a) the “commercial services” income of a local authority is that part of their income which—
(i)is derived from agreements entered into for all or any of the purposes set out in subsection (1) above and is, in accordance with proper accounting practices, credited to a trading account kept by the authority for a trading operation;
(ii)is derived from relevant dividends; or
(iii)is derived from relevant profit sharing agreements; and
(b) the “statutory limit” for a trading operation is such amount as the Scottish Ministers may, by order, fix.
(1E)For the purposes of subsection (1D) above—
“relevant dividend” means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;
“relevant profit sharing agreement” means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.
(1F)An amount so fixed may be expressed as a fraction of any other amount specified or referred to in the order.
(1G)Different amounts may be so fixed for different trading operations or classes of trading operation, and an amount may be so fixed for all trading operations.
(1H)Where, for any trading operation, no amount has been so fixed, the prohibition in subsection (1A) above applies, the condition of its application set out in that subsection being ignored.
(1I)If, however, in the case of a trading operation for which no amount has been fixed, the Scottish Ministers give prior consent to a local authority entering into an agreement under subsection (1) above in relation to that trading operation, that prohibition does not apply.
(1J)An order under subsection (1D)(b) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(1K)Before making such an order, the Scottish Ministers shall consult such persons as they think fit.
(1L)The circumstances referred to in paragraph (c) of subsection (1B) above are that the local authority considers that the provision of the goods or services under the contract mentioned in that paragraph will be facilitated if the person who has entered into the contract is within that paragraph.
(1M)A local authority shall, before entering any such agreement as is referred to in subsection (1) above, have regard to whether doing so will be likely to promote or improve the well-being of—
(a)their area and persons within that area;
(b)either of those.
(1N) For the purposes of subsection (1M) above, “well-being” is to be construed in the same way as it is construed for the purposes of section 20 of the Local Government in Scotland Act 2003 (asp 1).
(1O)References in this section to a trading operation are, in relation to a local authority, references to a trading operation for which, in accordance with proper accounting practices (within the meaning of section 12 of the Local Government in Scotland Act 2003 (asp 1)) the authority keep trading accounts.
(1P)The reference in subsection (1) above to a relevant trading operation is a reference to a trading operation which is carried on for the purpose of enabling a local authority to raise money, by borrowing or otherwise.]
(2)Nothing in paragraphs (a) to (c) of the [F34subsection (1) above] authorises a local authority—
(a)to construct any buildings or works; or
(b)to be supplied with any property [F35, goods or materials] or provided with any service except
[F36(i)]for the purposes of functions conferred on the authority otherwise than by this Act;
[F37(ii)for the purpose of enabling the authority to supply the property, goods or materials or, as the case may be, provide the service to another authority;
(iii)in the case of the supply of goods or materials, where that supply is for the purpose of, or is incidental to the purpose of, enabling the authority to supply property or, as the case may be, provide a service; or
(iv)in any other case, where the Scottish Ministers have consented to the supply or provision.]
(3)Any agreement made in pursuance of subsection (1) of this section may contain such terms as to payment or otherwise as the parties consider appropriate.
(4)In this Act—
“Local authority”, in relation to England and Wales, means the council of [F38any county, county borough], F39..., county district or London borough [F40the Greater London Authority] [F41the Broads Authority], F42..., the Common Council of the City of London, the Council of the Isles of Scilly and any joint board, joint committee and combined authority [F43 ...F44 and any joint authority established by Part IV of the Local Government Act 1985, [F45any corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021,] [F46any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, any combined authority established under section 103 of that Act,] [F47any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F48... [F49, a Mayoral development corporation] [F50and [F51the London Fire Commissioner] [F52and Transport for London]]] and, in relation to Scotland, [F53means a [F54council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or any joint board or combination of those councils];
[F55“public body” means any local authority [F56, any [F57police and crime commissioner], F58..., any ] [F59housing action trust established under Part III of the Housing Act 1988] [F60, any probation trust], F61... any person who is a public body by virtue of subsection (5) of this section and, in relation to England and Wales, any parish council, F39... and representative body of a rural parish; and]
[F62“property” includes land, accommodation, vehicles, plant and apparatus; and]
[F55“works of maintenance” include minor renewals, minor improvements and minor extensions.]
F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Words in s. 1(1) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(a)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F29Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(a)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F30Words in s. 1(1)(b) repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(a)(iii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F31Words in s. 1(1)(c) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(a)(iv), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F32S. 1(1)(d) and words repealed (S.) (1.4.2003 for specified purposes) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(a)(v), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F33S. 1(1A)-(1P) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F34Words in s. 1(2) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(c)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F35Words in s. 1(2) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(c)(iii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F36Word in s. 1(2)(b) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(c)(iv), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F37S. 1(2)(b)(ii)-(iv) and semicolon inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(c)(iv), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F38Words in s. 1 substituted (3.4.1995) by 1994 c. 19, s. 25(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch.
F39Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F40Words in s. 1(4) inserted (8.5.2000) by 1999 c. 29, s. 388(a) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 3
F41Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 8(1)
F42Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F43Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 47
F44Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F45Words in s. 1(4) inserted (E.W.) (1.4.2021) by The Corporate Joint Committees (General) (Wales) Regulations 2021 (S.I. 2021/327), reg. 1(2), Sch. 3 para. 1
F46Words in s. 1(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 9; S.I. 2009/3318, art. 2(c)
F47Words in s. 1(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 22; S.I. 2017/399, reg. 2, Sch. para. 38
F48Words in s. 1(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(6); S.I. 2015/994, art. 6(g)
F49Words in s. 1(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 2
F50Words in s. 1(4) inserted (3.7.2000) by 1999 c. 29, s. 388(b) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 4
F51Words in s. 1(4) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 33; S.I. 2018/227, reg. 4(c)
F52Words in s. 1(4) substituted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 1; S.I. 2012/628, art. 4(c)
F53Words substituted by the Local Government (Scotland) Act 1973 (c. 65, SIF 81:1), Sch. 27 para. 195
F54Words substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 84; S.I. 1996/323, art. 4(1)(c)
F55Words in s. 1(4) repealed (S.) (1.4.2003 for specified purposes) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(d)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F56S. 1(4): words in definition inserted (1.10.1994) by 1994 c. 29, s. 43, Sch. 4 para. 5; S.I. 1994/2025, art. 6(2)(e)
F57Words in s. 1(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 94; S.I. 2012/2892, art. 2(i)
F58Words in the definition of "public body" in s. 1(4) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 58, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F59Words inserted (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 89(2)
F60Words in s. 1(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 4(2)
F61Words in s. 1(4) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 13
F62Words in s. 1(4) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(d)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F63S. 1(5)(6) repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(2)(e), 62(2); S.S.I. 2003/134, art. 2(1), Sch.; S.S.I. 2003/134, art. 2(1), Sch.
Modifications etc. (not altering text)
C39Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681
C40S. 1 modified (S.) (17.7.1995) by 1994 c. 39, s. 122; S.I. 1995/1898, art. 2, Sch.
C41S. 1 applied (with modifications) (S.) (1.11.2001) by 2001 asp 10, s. 107; S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to art. 3)
(1)Nothing in section 1 of this Act shall be construed as derogating from any powers exercisable by any public body apart from that section.
(2)The accounts of a local authority by whom agreements in pursuance of the said section 1 are entered into under which the authority are to provide any such property or service or do such work as is mentioned in subsection (1) of that section shall include a separate account in respect of the agreements; and subsections (4), (6) and (7) of section 283 of the M1Local Government Act 1933 and sections [F26101 and 105 of the M2Local Government (Scotland) Act 1973] (which relate to the inspection and taking of copies of the abstract of accounts of authorities) shall have effect as if any reference to an abstract of the accounts of an authority included a reference to such a separate account as aforesaid F27 ... .
(3)Subsections (1), (2), (4) and (5) of section 82 of the M3Public Health Act 1961 (which provide among other things, in relation to England and Wales, for the amendment or repeal, on the application of or after consultation with the authorities concerned, of local enactments which are inconsistent with that Act or unnecessary in consequence of it) shall have effect as if references to that Act included references to this Act and references to a local Act included references to the provisions of sections 5(3) and 72 of the M4London Government Act 1963 and as if, in relation to those provisions, the application mentioned in subsection (2) were an application by the Greater London Council.
(4) Section 14 of the M5 Local Government (Development and Finance) (Scotland) Act 1964 (which contains similar provisions for the amendment or repeal of local enactments in Scotland) shall have effect as if references therein to that Act included references to this Act.
(5)An order under section 1(5) of this Act may be revoked or varied by a subsequent order thereunder, and the subsequent order may contain such transitional provisions as the person making it considers appropriate.
Textual Amendments
F26Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 196
F27Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
Modifications etc. (not altering text)
C37S. 2(2) excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 14(2)
C38S. 2(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 9(7)
Marginal Citations
(1)Nothing in section 1 of this Act shall be construed as derogating from any powers exercisable by any [F64person] apart from that section.
(2)The accounts of a local authority by whom agreements in pursuance of the said section 1 are entered into under which the authority are to provide any such property or service or do such work as is mentioned in subsection (1) of that section shall include a separate account in respect of the agreements; and subsections (4), (6) and (7) of section 283 of the M6Local Government Act 1933 and sections [F65101 and 105 of the M7Local Government (Scotland) Act 1973] (which relate to the inspection and taking of copies of the abstract of accounts of authorities) shall have effect as if any reference to an abstract of the accounts of an authority included a reference to such a separate account as aforesaid . . . F66.
(3)Subsections (1), (2), (4) and (5) of section 82 of the M8Public Health Act 1961 (which provide among other things, in relation to England and Wales, for the amendment or repeal, on the application of or after consultation with the authorities concerned, of local enactments which are inconsistent with that Act or unnecessary in consequence of it) shall have effect as if references to that Act included references to this Act and references to a local Act included references to the provisions of sections 5(3) and 72 of the M9London Government Act 1963 and as if, in relation to those provisions, the application mentioned in subsection (2) were an application by the Greater London Council.
F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F64Word in s. 2(1) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(3)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F65Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 196
F66Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F67S. 2(4)(5) repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 8(3)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.; S.S.I. 2003/134, art. 2(1), Sch.
Modifications etc. (not altering text)
C42S. 2(2) excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 14(2)
C43S. 2(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 9(7)
Marginal Citations
(1)This Act may be cited as the Local Authorities (Goods and Services) Act 1970.
(2)This Act does not extend to Northern Ireland.
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