Part III Local Government Administration

25 Authorities subject to investigation.

(1)

This Part of this Act applies to F1the following authorities—

(a)

any local authority,

F2(aaa)

the Greater London Authority;

(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(ab)

a National Park authority F4for a National Park in England;

(b)

any joint board the constituent authorities of which are all local authorities,

F5(ba)

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)

any development corporation established for the purposes of a new town,

F7(bbb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bc)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bd)

any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 F8for an urban development area in England,

F9(bda)

a Mayoral development corporation,

F10(be)

any housing action trust established under Part III of the Housing Act 1988 F11for a designated area in England

F12(bf)

the F13Homes and Communities Agency;

F14(bg)

a fire and rescue authority F15in England 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;

F16(bh)

a fire and rescue authority created by an order under section 4A of that Act;

F17(c)

any joint authority established by Part IV of the Local Government Act 1985;

F18(cza)

the London Fire Commissioner;

F19(ca)

any police and crime commissioner;

F19(caa)

the Mayor's Office for Policing and Crime;

F20(cb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21. . .

F22(cc)

Transport for London; F23and

F24(cd)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(ce)

any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(cf)

any combined authority established under section 103 of that Act;

F26(cg)

any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

F27(d)

in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and F28any Regional Flood and Coastal Committee F29... ; F30;and

(e)

the London Transport Users’ Committee.

(2)

Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a precept.

(3)

An Order made by virtue of subsection (2) above may be varied or revoked by a subsequent Order so made and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Any reference to an authority to which this Part of this Act applies includes a reference—

(a)

to the members and officers of that authority, and

F31(b)

to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),

F31(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.

F32(4ZA)

Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.

F33(4A)

Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

(a)

the London Assembly;

F34(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(5)

Any reference to an authority to which this Part of this Act applies also includes a reference to—

F38(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(c)

an admission appeal panel constituted F41by the authority in accordance with regulations under section 94(5) or 95(3) of F42the School Standards and Framework Act 1998 ,

(d)

the governing body of any community, foundation or voluntary school F43 maintained by the authority so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.F44and

(e)

an exclusion F45review panel constituted F46 by the authority in accordance with regulations under F47section 51A of the Education Act 2002.

F48(6)

Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.

(7)

For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—

(a)

on behalf of the authority, and

(b)

in the exercise of the authority's function.

(8)

Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.