Local Government, Planning and Land Act 1980 (c. 65)

Part II E+W+S Publication of Information by Local Authorities

Modifications etc. (not altering text)

C1 Pt. II (ss. 2-4) applied (6.4.1995) (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 6

2 Duty of authorities to publish information. E+W

(1) The authorities to whom this section applies are—

(a) a county council;

[F1 (aa) a county borough council;]

(b) a district council;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a [F3 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h) a fire authority constituted by a combination scheme under section 5 or 6 of the M1 Fire Services Act 1947, or in Scotland, a joint [F4 board] constituted by an administration scheme under section 36 of that Act [F5 or section 147 of the Local Government (Scotland) Act 1973];

(j) [F6 a police committee constituted under section 2 of the Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M2 Police (Scotland) Act 1967 ;

(k) [F6 a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F7 board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [F7 , 20 or 21B] of the Police (Scotland) Act 1967; . . . F8

[F9 (ka) a joint authority established by Part IV of the M3 Local Government Act 1985;]

[F10 (kb) the London Fire and Emergency Planning Authority;]

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12 ; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).]

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A code may be prepared either by the Secretary of State or by some other person at his request.

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify—

(a) that publication be made in periodical reports or in any other specified manner;

(b) the occasions on which such publication is to made; and

(c) the form which such publication is to take.

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a) its dispatch with, or inclusion in, a demand note on which a rate is levied under the M4 General Rate Act 1967 or the M5 Local Government (Scotland) Act 1973

[F14 (b) its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with regulations under section 27 of the Audit Commission Act 1998 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or]

(c) its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with—

(a) different classes of information;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c) different manners, forms or occasions of publication.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 2(1)(aa) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 57(1) (with ss. 55, 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F2 S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F3 Words in s. 2(1)(g) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(a); S.I. 1996/323, art. 4(1)(c)

F4 Word in s. 2(1)(h) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(b)(i); S.I. 1996/323, art. 4(1)(c)

F5 Words in s. 2(1)(h) inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(b)(ii); S.I. 1996/323, art. 4(1)(c)

F6 Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F7 Words in s. 2(1)(k) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(c); S.I. 1996/323, art. 4(1)(c)

F8 Word repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 59(1)(a)

F9 S. 2(1)(ka) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 59(1)(a)

F10 S. 2(1)(kb) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 28 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F11 S. 2(1)(l) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237, Sch. 13 Pt. I

F12 Words in s. 2(1) inserted (wholly in force in relation to England and in force for specified purposes only in relation to Wales on 27.9.1999 and wholly in force in relation to Wales on 1.10.1999) by 1999 c. 27, s. 20; S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F13 S. 2(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

F14 S. 2(7)(b) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 5(1)

Modifications etc. (not altering text)

C2 S. 2(7)(ka) extended by S.I. 1985/1884, art. 10, Sch. 3 para 4(s), 1987/2110 art. 2, Sch. 1 para 8(n)

Marginal Citations

M1 1947 c. 41 (50).

M2 1967 c. 77.

M3 1985 c. 51 (81:1).

M4 1967 c. 9 (103:1, 2).

M5 1973 c. 65 (81:2).

2 Duty of authorities to publish information. S

(1) The authorities to whom this section applies are—

(a) a county council;

F25 [(aa) a county borough council;]

(b) a district council;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a [F27 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(h) a fire authority constituted by a combination scheme under section 5 or 6 of the M8 Fire Services Act 1947, or in Scotland, a joint [F27 board]constituted by an administration scheme under section 36 of that Act [F28 or section 147 of the Local Government (Scotland) Act 1973];

(j) [F29 a police committee constituted under section 2 of the M9 Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M10 Police (Scotland) Act 1967 ;

(k) [F29 a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F27 board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [, 20 or 21B] of the Police (Scotland) Act 1967; . . . F30

[F31 (ka) a joint authority established by Part IV of the M11 Local Government Act 1985;]

[F32 (kb) the London Fire and Emergency Planning Authority;]

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

F34 ; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A code may be prepared either by the Secretary of State or by some other person at his request.

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify—

(a) that publication be made in periodical reports or in any other specified manner;

(b) the occasions on which such publication is to made; and

(c) the form which such publication is to take.

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a) its dispatch with, or inclusion in, a demand note on which a rate is levied under the M12 General Rate Act 1967 F36 . . .

[F37 (aa) its dispatch with, or inclusion in—

(i) a demand note for payment of rates issued under section 237(1) of the M13 Local Government (Scotland) Act 1947 ; or

[F38 (ii) a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992]]

(b) its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the M14 Local Government Act 1972 or section 105 of the M15 Local Government (Scotland) Act 1973; or

(c) its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with—

(a) different classes of information;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c) different manners, forms or occasions of publication.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F25 S. 2(1)(aa) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 57(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F26 S. 2(1)(c) repealed by Local Government Act 1985 (c. 51, SIF 81:1) ss. 1, 102, Sch. 17

F27 Words in s. 2(1)(g)(h)(k) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2); S.I. 1996/323, art. 4(1)(c)

F28 Words in s. 2(1)(h) inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2); S.I. 1996/323, art. 4(1)(c)

F29 Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F30 Word repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 59(1)(a)

F31 S. 2(1)(ka) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 59(1)(a)

F32 S. 2(1)(kb) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 28 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F33 S. 2(1)(l) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237, Sch. 13 Pt. I

F34 Words in s. 2(1) inserted (27.7.2000) by 1999 c. 27, ss. 20, 27(1)

F35 S. 2(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

F36 Words repealed by Local Government Finance Act 1988 (c. 41, SIF 103:2), s. 137, Sch. 12 Pt. II para. 14

F37 S. 2(7)(aa) inserted by Local Government Finance Act 1988 (c. 41, SIF 103:2), s. 137, Sch. 12 Pt. II para. 14

F38 S. 2(7)(aa)(ii) substituted (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 49 (with s. 118(1)(2)(4)); S.I. 1992/2183, art. 2(c).

Modifications etc. (not altering text)

C3 S. 2(7)(ka) extended by S.I. 1985/1884, art. 10, Sch. 3 para 4(s), 1987/2110 art. 2, Sch. 1 para 8(n)

Marginal Citations

M8 1947 c. 41 (50).

M9 1964 c. 48 (95).

M10 1967 c. 77.

M11 1985 c. 51 (81:1).

M12 1967 c. 9 (103:1, 2).

M13 1947 c. 43(103:2).

M14 1972 c. 70 (81:1.

M15 1973 c. 65 (81:2.

3 Supplementary provisions relating to codes of practice on publication of information. E+W+S

(1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

(2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

(3) Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a) the information is of a description to which this subsection applies; and

(b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5) The descriptions of information to which subsection (4) above applies are—

(a) information about the discharge of authorities’ functions relating to housing or land;

(b) information about the number of their employees or the number of any description of their employees; and

(c) information about the determination of applications for planning permission under [F15 the Town and Country Planning Act 1990] or [F16 the Town and Country Planning (Scotland) Act 1997].

(6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8) The power to make any such regulations or order shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Textual Amendments

F15 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 44(1)

F16 Words in s. 3(5)(c) substituted (S.) (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(1)

4 Power to direct bodies to publish information. E+W+S

(1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2) Different directions may be given to bodies of the same description in different areas.

(3) A direction under this section may specify—

(a) the manner in which information is to be published;

(b) the occasions on which such publication is to be made; and

(c) the form which such publication is to take.

(4) The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a) development corporations established under the M6 [F17 New Towns Act 1981] or the M7 New Towns (Scotland) Act 1968;

(b) the Commission for New Towns;

[F18 (c) water authorities;]

(d) urban development corporations within the meaning of Part XVI of this Act;

(e) Passenger Transport Executives . . . F19

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(g) district councils [F21 or Welsh county councils or county borough councils]carrying on road passenger transport undertakings.

(5) In this section “the relevant Minister " means in relation—

(a) to the descriptions of bodies mentioned in subsection (4)(e) and (g) above, in the application of those paragraphs to England; . . . F20

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

the Minister of Transport.

[F22 (5A) In this section “the relevant Minister ” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food]

(6) Subject to [F23 subsections (5) and (5A)] above, in this section “the relevant Minister " means the Secretary of State.

(7) A direction given to a F24 . . .council under this section may only relate to its road passenger transport undertaking.

Textual Amendments

F17 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 28(a)

F18 S. 4(4)(c) commencing “water " substituted for s. 4(4)(c) commencing “the National " 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. 61(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F19 Words repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F20 S. 4(4)(f), (5)(b) and the word “and " immediately preceding it repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

F21 Words in s. 4(4)(g) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 57(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

F22 S. 4(5A) inserted 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. 61(1)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F23 Words “subsections (5) and (5A) " substituted for “subsection (5) " 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. 61(1)(c), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F24 Word in s. 4(7) repealed (3.4.1995) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 57(2)(b), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

Marginal Citations

M6 1981 c. 64 (123:3).

M7 1968 c. 16 (123:4).