(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] and, in relation to Scotland, [F8means a [F9council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or any joint board or combination of those councils];
“public body” means any local authority [F10, any police authority established under [F11section 3 of the Police Act 1996][F12, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service], any][F13housing action trust established under Part III of the Housing Act 1988], 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
“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.
[F14(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 substituted by the Local Government (Scotland) Act 1973 (C. 65, SIF 81:1), Sch. 27 Pt. II para. 195
F9Words substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 84; S.I. 1996/323, art. 4(1)(c)
F10S. 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)
F11Words substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I, para. 2(g)
F12Words inserted (31.10.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 23; S.I. 1997/2390, art. 2(2)(u)
F13Words inserted (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 89(2)
F14S. 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)
C1S. 1 extended (E.W.) by Water Act 1973 (c. 37), s. 7(1)
C2Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681
C3S.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
C4S.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
C5S. 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)
C6S. 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 modified (S.)(17.7.1995) by 1994 c. 39, s. 122; S.I. 1995/1898, art. 2, Sch.
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
C7S. 1(4) extended (E.W.) by National Health Service Act 1977 (c. 49, SIF 113:2), s. 28(1)
C8S. 1(4) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(h)
C9S. 1(4) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(e)
C10S. 1(4) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 6(a)
C11S. 1(5) extended (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 12(1)
C12S. 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