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Local Government Act 1972

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[F1[F2100J Application to new authorities, Common Council, etc.E+W

(1)Except in this section, [F3and subject as follows,] any reference in this Part to a principal council includes a reference to—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a joint authority;

F5(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(bb)[F7the London Fire and Emergency Planning Authority;]]

[F8(bc)an economic prosperity board;

(bd)a combined authority;]

[F9(be)Transport for London;]

[F10(bf)a sub-national transport body;]

(c)the Common Council;

[F11(cc)The Broads Authority;]

[F12(cd)a National Park authority;]

(d)a joint board or joint committee falling within subsection (2) below;

F13(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(eza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(f)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.]

[F17(g)the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.]

[F18(h)a Mayoral development corporation.]

(2)A joint board or joint committee falls within this subsection if—

(a)it is constituted under any enactment as a body corporate; and

(b)it discharges functions of two or more principal councils;

and for the purposes of this subsection any body falling within paragraph (a), (b)[F19[F20, F21... (bb)]][F22, (bc), (bd)] or (c) of subsection (1) above shall be treated as a principal council.

[F23(2A)In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—

(a)is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and

(b)in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.]

[F24(2B)In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—

F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Common Council other than in its capacity as a local authority or police authority;

(c)a joint board or a joint committee falling within subsection (2) above;

(d)the Homes and Communities Agency; or

(e)a Mayoral development corporation.]

(3)In its application by virtue of subsection (1) above in relation to a body falling within paragraph F26. . . , (b), F27... [F28[F29(bb),]][F30(bc), (bd),] [F31(be),] [F32(bf),] [F33(cc)][F34, [F35(cd)], (d)F36... . . . [F37, (f)] or (h)] of that subsection, section 100A (6)(a) above shall have effect with the insertion after the word “council” of the words “ and, if the meeting is to be held at premises other than those offices, at those premises ”.]

[F38(3YA)In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100E(3) has effect as if for paragraph (bb) there were substituted—

(bb)a committee of Transport for London (with “committee”, in relation to Transport for London, here having the same meaning as in Schedule 10 to the Greater London Authority Act 1999); or]

[F39(3ZA)In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—

(a)in subsection (2), paragraph (c) was omitted, and

(b)in subsection (3), for paragraphs (a) to (c) there were substituted—

(a)a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or

(b)a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose.

[F40(3ZAA)In its application by virtue of subsection (1)(h) above in relation to a Mayoral development corporation, section 100E(3) has effect as if for paragraphs (a) to (c) there were substituted—

(a)a committee which is established under Schedule 21 to the Localism Act 2011 by a principal council, or

(b)a sub-committee established under that Schedule by a committee within paragraph (a).]

(3ZB)In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.]

F41(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In its application by virtue of subsection (1) above, section 100G(1)(a) above shall have effect—

(a)in relation to a joint authority F42... [F43, [F44a sub-national transport body,] an economic prosperity board, [F45or ]a combined authority] F46... [F47. . . , with the substitution for the words [F48after “together with”] of the words [F49the] name or description of the body [F50or other person that] appointed him ”; and

[F51(aa)in relation to the Broads Authority or its Navigation Committee [F52or any National Park authority], with the substitution for the words [F53 after “together with”] of the words [F54the] name of the [F55person who] appointed him ”; and]

(b)in relation to [F56a Mayoral development corporation, or] joint board or joint committee falling within subsection (2) above, with the omission of the words [F57 after “for the time being”]; and

(c)in relation to a [F58fire and rescue authority falling within subsection (1)(f) above], with the substitution for the words [F59, in the case of a councillor, the]“ward or division” of the words [F60the]constituent area ”.

[F61(4A)[F62In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words [F63together with, in the case of a councillor,]“the ward or division which he represents” of the words [F64and]whether he is an Assembly representative or a borough representative, and—

(i)if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

(ii)if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council).]]

[F65(4AA)In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100G shall have effect—

(a)with the substitution for subsection (1)(a) and (b) of—

(a)the name of every member of the council for the time being; and

(b)the name of every member of each committee or sub-committee of the council for the time being., and

(b)with the insertion in subsection (2)(b) after “exercisable” of “, but not an officer by whom such a power is exercisable at least partly as a result of sub-delegation by any officer”.]

[F66(4B)In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.]

F67(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F4Words repealed by Education Reform Act 1988 (c. 40 SIF 41:1),ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F6S. 100J(1)(bb) inserted (3.7.2000) by 1999 c. 29, ss. 331(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F7S. 100J(1)(bb) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(2)

F9S. 100J(1)(be) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(3), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)

F10S. 100J(1)(bf) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(a)

F12S. 100J(1)(cd) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(a) (with ss. 7(6), 115, 117, Sch, 8 para. 7)

F15S. 100J(1)(ea) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F16S. 100J(1)(f) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 39(2); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

F17S. 100J(1)(g) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(2); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)

F18S. 100J(1)(h) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(2)

F19Words in s. 100J(2) inserted (3.7.2000) by 1999 c. 29, s. 331(3) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F20Word in s. 100J(2) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(3)

F21Word in s. 100J(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(ii); S.I. 2015/994, art. 6(g)

F23S. 100J(2A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(3); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)

F26Reference to paragraph (a) repealed by Education Reform Act 1988 (c. 40, SIF 41:1) ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F27Word in s. 100J(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(iv); S.I. 2015/994, art. 6(g)

F28Word in s. 100J(3) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(4)

F29Words in s. 100J(3) inserted (3.7.2000) by 1999 c. 29, s. 331(4) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F31Word in s. 100J(3) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(4), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)

F32Word in s. 100J(3) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(b)

F35Words in s. 100J(3) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F37Words in s. 100J(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(3)

F38S. 100J(3YA) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(5), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)

F39S. 100J(3ZA)(3ZB) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(4); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)

F40S. 100J(3ZAA) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(4)

F41S. 100J(3A) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

F42Words in s. 100J(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(v); S.I. 2015/994, art. 6(g)

F44Words in s. 100J(4)(a) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(c)

F47Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.

F48Words in s. 100J(4)(a) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(2)(a)

F49Word in s. 100J(4)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(2)(b)

F50Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(b); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.

F52Words in s. 100J(4)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(i) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F53Words in s. 100J(4)(aa) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(3)(a)

F54Words in s. 100J(4)(aa) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(3)(b)

F55Words in s. 100J(4)(aa) substituted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F56Words in s. 100J(4)(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(5)

F57Words in s. 100J(4)(b) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(4)

F58Words in s. 100J(4)(c) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 39(3); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

F59Words in s. 100J(4)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(5)(a)

F60Word in s. 100J(4)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(5)(b)

F61S. 100J(4A) inserted (3.7.2000) by 1999 c. 29, s. 331(5) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(d)

F62S. 100J(4A) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(5)

F63Words in s. 100J(4A) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(6)(a)

F64Word in s. 100J(4A) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(6)(b)

F65S. 100J(4AA) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(6), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)

F66S. 100J(4B) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(5); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)

F67S. 100J(5) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, 61, Sch. 1 para. 39(4), Sch. 2; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C1S. 100J(1)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(h)

C2S. 100J(1)(b) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(h)

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