Local Government Act 1992

1992 CHAPTER 19

An Act to make new provision, by giving effect to proposals in Cm. 1599 (The Citizen’s Charter) relating to publicity and competition, for securing economy, efficiency and effectiveness in the manner in which local authorities carry on certain activities; and to make new provision in relation to local government in England for effecting structural, boundary and electoral changes.

[6th March 1992]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 For extent of Act see s. 30(4)(5).

Modifications etc. (not altering text)

C1 Act restricted (31.3.1995) by S.I. 1995/520, reg. 4(4)

C2 Act: transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 Act partly in force at Royal Assent see s. 30(2)(3).

Part I E+W+S Citizen’s Charter Provisions

Performance standards of local authorities etc. E+W+S

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 Ss. 1-7 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

1 Publication of information as to standards of performance. S

(1) The Audit Commission and the Scottish Accounts Commission shall each give such directions as it thinks fit for requiring relevant bodies to publish such information relating to their activities in any financial year [F37 or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the direction] as will, in that Commission’s opinion[F38 —

(a) facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectiveness [F39 and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1)] between—]

[F40 (i)] the standards of performance achieved by different relevant bodies in that financial year [F41 or other period]; and

[F40 (ii)] the standards of performance achieved by such bodies in different financial years [F42 or, as the case may be, other periods].

[F43 (b) facilitate the drawing of conclusions about the discharge of those bodies' functions under [F44 Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015].]

(2) Where a relevant body are required by a direction under this section to publish information in relation to any financial year [F45 or other period], it shall be the duty of that body—

(a) to make such arrangements for collecting and recording the information as secure that the information is available for publication and, so far as practicable, that everything published in pursuance of the direction is accurate and complete;

(b) within the period of [F46 six] months beginning with the end of that financial year [F45 or other period], to publish the information, in accordance with the direction, [F47 and by one of the methods permitted by section 1A below]; and

(c) to keep a document containing any information published in pursuance of the direction available for inspection by interested persons.

(3) The Secretary of State may by order made by statutory instrument vary the period for the time being specified in paragraph (b) of subsection (2) above so as to fix the latest time for the publication of information in accordance with that paragraph at any such time, within the period of nine months after the end of the financial year in question, as may be specified in the order; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An interested person shall be entitled—

(a) at all reasonable times and without payment, to inspect and make copies of the whole or any part of a document kept available for inspection under subsection (2)(c) above; and

(b) to require copies of the whole or a part of any such document to be delivered to him on payment of a reasonable sum for each copy.

(5) Any person having custody of any document kept available for inspection under subsection (2)(c) above who—

(a) obstructs a person in the exercise of his rights under subsection (4) above; or

(b) refuses to comply with a requirement under subsection (4)(b) above,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) References in this section to an interested person, in relation to any document which is required to be kept available by a relevant body in England and Wales, are references to any local government elector (within the meaning of the 1972 Act) for the area of that body.

(7) References in this section and sections 2 and 3 below to a relevant body are references—

(a) in relation to England and Wales, to any body with which the Audit Commission is concerned, other than one falling within subsection (8) below; and

(b) in relation to Scotland, to any local authority, joint board or joint committee, within the meaning of the 1973 Act.

(8) Subject to section 4 below, the bodies with which the Audit Commission is concerned which shall not be relevant bodies for the purposes of this section and sections 2 to 3 below are—

(a) parish and community councils and any parish meeting of a parish not having a separate parish council;

(b) charter trustees constituted under section 246 of the 1972 Act;

(c) health service bodies within the meaning of Part III of the 1982 Act;

(d) port health authorities;

(e) licensing planning committees;

(f) internal drainage boards;

(g) probation committees; and

(h) Passenger Transport Executives.

Extent Information

E3 This version extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F37 Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(9)(a)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F38 Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 17(9)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F39 Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(9)(a)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F40 S. 1(1)(i)(ii): s. 1(1)(a)(b) renumbered as s. 1(1)(i)(ii) (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 17(9)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F41 Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(9)(a)(iii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F42 Words in s. 1(1) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(9)(a)(iv), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F43 S. 1(1)(b) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 17(9)(c), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F44 Words in s. 1(1)(b) substituted (S.) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 6; S.S.I. 2016/410, art. 2(a)

F45 Words in s. 1(2) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(9)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F46 Word in s. 1(2)(b) substituted (1.1.1998) by S.I. 1997/1981, art. 2

F47 Words in s. 1(2)(b) substituted (29.4.1996) by 1996 c. 10, s. 5(1)

Modifications etc. (not altering text)

C6 Ss. 1-7 amended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 19(1) (with ss. 7(6), 115, 117)

S. 1 amended (28.11.1994) by S.I. 1994/2825, reg. 51

C7 S. 1(8) applied (with modifications) (1.2.1995) by S.I. 1995/102, reg. 3

F2 1A Permitted methods of publishing information. E+W+S

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Textual Amendments

F2 Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5S. 1A repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F3 2 Directions under s. 1. E+W+S

(1) A direction under section 1 above requiring the publication of information shall—

(a) identify the financial year or years [F4 or other periods] in relation to which the information is to be published;

(b) specify or describe the activities to which the information is to relate; and

(c) make provision as to the matters to be contained in the information and as to the form in which it is to be published.

(2) A direction under section 1 above—

(a) may be given so as to apply either to all the relevant bodies with which the Commission giving the direction is concerned or to all such bodies as are of a description specified in the direction; and

(b) may be varied or revoked by any subsequent direction under that section.

(3) Before giving a direction under section 1 above which imposes a new requirement on any relevant body as to the publication of any information the Audit Commission or Scottish Accounts Commission shall consult such associations of relevant bodies and such other persons as it thinks fit.

(4) A direction under section 1 above imposing a new requirement on any relevant body as to the publication of any information shall not be given any later than the 31st December in the financial year which precedes that in relation to which the information is to be published [F5 or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.]

(5) Where the Audit Commission or the Scottish Accounts Commission gives a direction under section 1 above, it shall—

(a) publish the direction in such manner as it considers appropriate for bringing it to the attention of members of the public; and

(b) send a copy of the direction to every relevant body on whom duties are imposed by virtue of the direction.

(6) References in this section to the imposition of a new requirement on a relevant body as to the publication of information are references to—

(a) the imposition of any requirement by the first direction under section 1 above to apply to that body; or

(b) any subsequent extension of, or addition to, either—

(i) the matters to be contained in the information which that body are required to publish in relation to any financial year in pursuance of directions under section 1 above; or

(ii) the activities to which any such information is to relate.

Textual Amendments

F3 Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F4 Words in s. 2(1)(a) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(10)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F5 Words in s. 2(4) inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 13(10)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)

C3 Ss. 1-7 amended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 19(1) (with ss. 7(6), 115, 117)

S. 2 amended (28.11.1994) by S.I. 1994/2825, reg. 51

F6 3 Functions of auditor and studies by the Commissions. E+W+S

(1) In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted “and

(d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(2) In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted “and

(d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(3) The comparative and other studies which the Audit Commission is required to undertake or promote under section 26(1) of the 1982 Act, and those which the Scottish Accounts Commission is required to undertake or promote under section 97A(1) of the 1973 Act, shall include, in particular—

(a) studies designed to enable the Audit Commission or, as the case may be, the Scottish Accounts Commission to determine what directions it should give under section 1 above; and

(b) studies of information published in pursuance of directions under section 1 above which are designed to enable the Commission in question to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by relevant bodies;

but neither Commission shall be required by section 26(4) of the 1982 Act or section 97A(3) of the 1973 Act to consult any person before undertaking or promoting a study falling within paragraph (a) or (b) above.

Textual Amendments

F6 Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Modifications etc. (not altering text)

C4 Ss. 1-7 amended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 19(1) (with ss. 7(6), 115, 117)

F7 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 Ss. 1-7 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Auditors’ reports and recommendations E+W+S

F8 5 Duty to consider auditor’s report or recommendation. E+W+S

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Textual Amendments

F8 Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

S. 5 repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F9 6 Publicity requirements for meetings under s. 5. E+W+S

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Textual Amendments

F9 Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

S. 6 repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Publication of information by the Audit Commission E+W

F10 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 Ss. 1-7 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Competition E+W+S

Prospective

F11 8 Application of competitive tendering to professional services etc. E+W+S

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Textual Amendments

F11 Ss. 8-11 repealed (E.W.) (2.1.2000) by Local Government Act 1999 c. 27, ss. 21(1)(d), 34, Sch. 2(1), Note; (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F11 9 Power to define conduct as competitive or anti-competitive. S

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Textual Amendments

F11 Ss. 8-11 repealed (E.W.) (2.1.2000) by Local Government Act 1999 c. 27, ss. 21(1)(d), 34, Sch. 2(1), Note; (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F11 10 Publicity for tender specifications. S

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Textual Amendments

F11 Ss. 8-11 repealed (E.W.) (2.1.2000) by Local Government Act 1999 c. 27, ss. 21(1)(d), 34, Sch. 2(1), Note; (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F11 11 Amendments of competition provisions. S

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Textual Amendments

F11 Ss. 8-11 repealed (E.W.) (2.1.2000) by Local Government Act 1999 c. 27, ss. 21(1)(d), 34, Sch. 2(1), Note; (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Part II E+W+S Local Government Changes for England

Modifications etc. (not altering text)

C5 Pt. II modified (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(a), Sch. 3 paras. 1, 2

The Local Government Commission E+W+S

F12 12 The Local Government Commission for England. E+W+S

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Textual Amendments

F12 S. 12 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 66(a), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(m)(hh)

Functions of the Local Government Commission E+W

F13 13 Reviews and Recommendations E+W

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Textual Amendments

F13 Ss. 13-16 repealed (in so far as not already repealed as noted) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F13 14 Changes that may be recommended. E+W

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Textual Amendments

F13 Ss. 13-16 repealed (in so far as not already repealed as noted) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F13 14A Requests for single-member electoral areas E+W

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Textual Amendments

F13 Ss. 13-16 repealed (in so far as not already repealed as noted) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F13 14B Provision supplementary to section 14A E+W

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Textual Amendments

F13 Ss. 13-16 repealed (in so far as not already repealed as noted) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F13 15 Procedure on a review. E+W

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Textual Amendments

F13 Ss. 13-16 repealed (in so far as not already repealed as noted) (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F14 15A Alternative procedure on a review E+W

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Textual Amendments

F14 S. 15A repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 57(4), 245(2), Sch. 18 Pt. 2

F15 16 Consultation with the Audit Commission. E+W

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Textual Amendments

F15 S. 16 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 paras. 5, 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Implementation of recommendations E+W

F16 17 Implementation of recommendations by order. E+W

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Textual Amendments

F16 S. 17 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3 (with s. 146(2)); S.I. 2009/3318, art. 4(hh)

F17 18 Consequences of structural changes etc. E+W

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Textual Amendments

F17 S. 18 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(c)

F18 19 Regulations for supplementing orders. E+W

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Textual Amendments

F18 S. 19 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3 (with s. 146(2)); S.I. 2009/3318, art. 4(hh)

F19 20 Agreements as to incidental matters. E+W

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Textual Amendments

F19 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F19 21 Joint authorities. E+W

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Textual Amendments

F19 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F19 22 Residuary bodies. E+W

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Textual Amendments

F19 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F20 23 Staff commissions. E+W

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Textual Amendments

F20 S. 23 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Supplemental provisions of Part II E+W

F21 24 Abolition of the Local Government Boundary Commission for England. E+W

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Textual Amendments

F21 S. 24 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F22 25 Application of Part II to the Isles of Scilly. E+W

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Textual Amendments

F22 S. 25 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F23 26 Orders, regulations and directions under Part II. E+W

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Textual Amendments

F23 S. 26 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3 (with s. 146(2)); S.I. 2009/3318, art. 4(hh)

27 Amendments relating to local government changes. E+W

(1) Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

F24 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 S. 27(2)(3) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

Part III E+W+S General

28 Interpretation. E+W+S

(1) In this Act, except where the context otherwise requires—

• “the 1972 Act” means the M1 Local Government Act 1972;

• “the 1973 Act” means the M2 Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M3 Local Government, Planning and Land Act 1980;

• F25 “the 1982 Act” means the M4 Local Government Finance Act 1982;

• “the 1988 Act” means the M5 Local Government Act 1988;

• F25 “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• F25 “auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;

• “contravention” includes a failure to comply;

• “financial year” means the twelve months ending with 31st March;

• “local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;

• “local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;

• F26 ...

• “modifications” includes additions, alterations and omissions;

• “principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;

• “principal council” means a council elected for a principal area;

• “public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;

• “the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the M6 National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

• “staff” includes officers and employees.

[F25 (2) References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).]

F27 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Definitions in s. 28 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F26 Words in s. 28(1) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

F27 S. 28(3) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

M3 1980 c. 65.

M4 1982 c. 32.

M5 1988 c. 9.

M6 1990 c. 19.

29 Consequential amendment, repeals and saving. E+W+S

F28 (1) Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.

(2) The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) Without prejudice to sections 16 and 17 of the M7 Interpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.

Textual Amendments

F28 S. 29(1) repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Marginal Citations

M7 1978 c. 30.

30 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Local Government Act 1992.

F29 (2) Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) The following provisions of this Act, that is to say—

(a) sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and

(b) section 24, Schedule 3 and Part II of Schedule 4,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

(4) The following provisions of this Act do not extend to Scotland, that is to say—

(a) sections 4 and 7;

(b) Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and

(c) [F30 Part II of Schedule 4, apart from so much of that Part] as makes a repeal in the M8 House of Commons Disqualification Act 1975.

(5) Except for the purposes of—

(a) the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and

(b) so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,

this Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 30(3): s. 30(3) power partly exercised (6.10.1992) (14.12.1992): 31.10.1992 appointed for specified provisions by S.I. 1992/2371, art. 2: different dates appointed for specified provisions by S.I. 1992/3241, arts. 2-4

S. 30(3) power partly exercised (1.6.1994): 13.6.1994 appointed for specified provisions by S.I. 1994/1445, art. 2

Textual Amendments

F29 S. 30(2) repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F30 Words in s. 30(4)(c) substituted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 177; S.I. 1995/2850, art. 3(c)(xiv)

Marginal Citations

M8 1975 c. 24.

SCHEDULES

Section 11.

SCHEDULE 1 E+W+S Amendments of Competition Provisions

[F31 The Local Government, Planning and Land Act 1980 (c. 65) E+W+S

Textual Amendments

F31 Sch. 1 repealed (E.W.) (2.1.2000) by 1999 c. 27, ss. 21(1)(d), 34, Sch. 2(1), Note

Sch. 1 repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(h), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

1 S In section 7(1B) of the 1980 Act (no failure to fulfil competition condition unless local authority are aware of failure when they propose to enter into contract), for the words from “unless” to “aware” there shall be substituted the words “ unless the local authority have become aware, before entering into the contract, ” .

[ 2 (1) In subsection (2) of section 9 of the 1980 Act (obligation to prepare written statement as to the amounts that will be credited to an authority’s DLO revenue account in respect of certain work), after the word “first” there shall be inserted the words “ , in accordance with such requirements (if any) as may be contained in regulations made by the Secretary of State, ” . S

(2) In subsection (4)(a) of that section (obligation to invite offers to undertake work in accordance with specified conditions), for the words “conditions specified by them” there shall be substituted the words “ a detailed specification prepared for the purposes of the invitation ” .

(3) In subsection (6) of that section (statement under subsection (2) to be consistent with conditions specified for the purposes of subsection (4)(a)), for the words “conditions corresponding to those specified in” there shall be substituted the words “ the requirements of the specification prepared for the purposes of ” . ]

[ 3 S In section 13(2) of the 1980 Act (documents to be prepared by every local authority or development body who undertake construction or maintenance work), for paragraph (c) (statement of rate of return) there shall be substituted the following paragraph—

“(c) a statement showing whether the local authority or development body have complied with section 16(1) below.”]

4 (1) In subsection (1) of section 16 of the 1980 Act (obligation to secure that revenue from certain work shows such positive rate of return as the Secretary of State may direct), for the words from “their revenue” to the end of the subsection there shall be substituted the words “ such financial objective as the Secretary of State may specify for that year is met by their revenue (as adjusted in such manner as he may so specify) for all the work of that description which is carried out in that year. ” S

(2) After that subsection there shall be inserted the following subsection—

“(1A) Where the Secretary of State specifies a financial objective under this section, he may define that objective by reference to such factors as he thinks fit.”

5 E+W+S In section 18(2B) of the 1980 Act (auditor’s obligation to consider statement of rate of return), for the words “statement of rate of return” there shall be substituted the words “ statement referred to in section 13(2)(c) above ” .

6 S In section 19A(1) of the 1980 Act (conditions of enforcement)—

(a) after the word “work”, in the first place where it occurs, there shall be inserted the words “ , or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be ” ; and

(b) in paragraph (a), for the words “they have entered into” there shall be substituted the words “ into which that authority have entered ” .

7 (1) In section 19B of the 1980 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (5) there shall be inserted the following subsection— S

“(5A) The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—

(a) the Secretary of State has been satisfied as to any matter specified or described in the direction; or

(b) the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.”

(2) In subsection (6) of that section (power to give direction to be exercised in writing), at the end there shall be inserted the words “ and, without prejudice to subsection (4) above, shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority or body to which the direction relates. ”

8 S In section 20(2) of the 1980 Act (exclusion from references to construction and maintenance work of routine maintenance of specific building etc. by person employed for the purpose), for the words from “employed” in paragraph (b) to the end of the subsection there shall be substituted the words “who—

(i) is employed to perform duties in relation to that building or structure, or those buildings or structures; but

(ii) spends the greater part of the time required for performing the duties of his employment in the carrying out of work which is neither routine maintenance nor work of any other description falling within the meaning, for the purposes of this Part of this Act, of construction or maintenance work.”

9 S In section 23(1) of the 1980 Act (power to make different provision for different parts of Great Britain), after the word “Act” there shall be inserted the words “ and the power under section 16(1) above to specify a financial objective for local authorities and development bodies, ” .

The Local Government Act 1988 (c. 9) E+W+S

10 E+W+S In section 2(3) of the 1988 Act (power to add a paragraph to the list of defined activities), at the end there shall be inserted the words “ or by modifying any provision of Schedule 1 to this Act which for the time being excludes anything from the activities falling within any of those paragraphs. ”

11 In subsection (6) of section 4 of the 1988 Act (no failure to fulfil conditions of entering into works contract unless bidding authority are aware of failure when they propose to enter into contract), for the words from “unless” to the end of the subsection there shall be substituted the words “ unless the bidding authority have become aware of the failure before entering into the contract. ”

12 In section 6(3) of the 1988 Act (application confined to work specified in regulations), at the end there shall be inserted the words “ and regulations under this section may describe work by reference to a specified proportion of work of a particular description. ”

13 In section 13(1) of the 1988 Act (conditions of enforcement), for paragraph (b) there shall be substituted the following paragraphs—

“(b) have carried out work as regards which the conditions set out in section 7 above have to be but, in the circumstances, have not been fulfilled,

(ba) have decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled,”.

14 In section 14 of the 1988 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (4) there shall be inserted the following subsections—

“(4A) The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—

(a) the Secretary of State has been satisfied as to any matter specified or described in the direction, or

(b) the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.

(4B) Where a direction under this section imposes any condition in relation to the carrying out of any work, that direction may provide that the requirement that the condition is fulfilled is to have effect, in relation to that work, instead of any requirement which (apart from the direction) would have effect in relation to that work by virtue of this Part.

(4C) Without prejudice to subsection (3) above, the power to give a direction under this section shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority to which the direction relates.”]

Section 12.

F32 SCHEDULE 2 U.K. The Local Government Commission for England

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

Textual Amendments

F32 Sch. 2 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 66(a), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(m)(hh)

Section 27.

SCHEDULE 3 U.K. Amendments consequential on Part II

Commencement Information

I2 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

The Fire Services Act 1947 (c. 41) E+W

1 E+W In section 6 of the Fire Services Act 1947 (power of the Secretary of State to make combination schemes)—

(a) in subsection (2), after the word “thereto” there shall be inserted the words “ or subsection (2A) of this section applies ”; and

(b) after that subsection there shall be inserted the following subsection—

“(2A) If, in a case where the authorities to whom notice of a proposed scheme has been given under subsection (2) of this section do not assent thereto—

(a) it appears to the Secretary of State that the proposed scheme contains only such provision as is appropriate in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning of that Part); and

(b) the period (if any) that has elapsed between the making of that order and the giving of that notice does not exceed twelve months,

the Secretary of State shall be under a duty to consider any representations made by those authorities with respect to the proposed scheme within such period as may have been specified in the notice, but shall not be required under that subsection to cause a public local inquiry to be held.”

Commencement Information

I3 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

2 E+W In section 10 of that Act (schemes for combination of fire areas in advance of alterations of local government areas)—

(a) for the words from “constituting” to “a county” there shall be substituted the words “ or Part II of the Local Government Act 1992 affecting any area ”;

(b) for the words “that date” there shall be substituted the words “ the date on which that order gives effect to any transfer of functions or alteration of boundaries in relation to that area ”; and

(c) for the words from “as if” onwards there shall be substituted the words “as if—

(a) references to the area of a fire authority included references to any area which (apart from any combination scheme under this section) would become such an area by virtue of such an order or which, in accordance with such an order, is to be treated, for the purposes of the making of any combination scheme, as an area which would become the area of a fire authority by virtue of that order; and

(b) references, in relation to such an area, to the fire authority were references to the fire authority for any area the whole or any part of which will be included in that area.”

Commencement Information

I4 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

The Police Act 1964 (c. 48) E+W

F33 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Sch. 3 paras. 3-5 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F34 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Sch. 3 paras. 3-5 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F35 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 3 paras. 3-5 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

The Local Government Act 1972 (c.70) E+W

6 E+W In section 6(2)(c) of the 1972 Act (term of office and retirement of councillors), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

Commencement Information

I5 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

7 (1) In subsection (6) of section 7 of the 1972 Act (election of councillors), for the words “section 51 below” there shall be substituted the words “ section 17 of the Local Government Act 1992 ”. E+W

(2) In subsection (7) of that section—

(a) for the words “ask the English Commission to make proposals” there shall be substituted the words “ direct the Local Government Commission for England to conduct a review and make recommendations ”; and

(b) for the words following paragraph (b) there shall be substituted the words— “ and the provisions of Part II of the Local Government Act 1992 shall apply accordingly ”.

Commencement Information

I6 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

8 E+W In section 9(4) of the 1972 Act (parish meetings and councils), for the words “section 10 or 11 or Part IV below” there shall be substituted the words “ section 10 or 11 below or Part II of the Local Government Act 1992 ”.

Commencement Information

I7 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

9 E+W In section 11(5)(a) of the 1972 Act (orders for grouping parishes, dissolving groups and separating parishes from groups), for the words “Part IV below” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

Commencement Information

I8 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

10 E+W In subsection (2) of section 12 of the 1972 Act (provision supplementary to sections 9 to 11 of that Act), for the words from “section 68 below” to the end of the subsection there shall be substituted the words “ section 20 of the Local Government Act 1992 shall apply as if the order were made under Part II of that Act ”.

Commencement Information

I9 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

11 E+W In section 30(1)(b) and (3) of the 1972 Act (restriction on community applications during and after reviews under Part IV of that Act), for the words “the Commission or Commissions”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

Commencement Information

I10 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

12 E+W In section 54(1)(e) of the 1972 Act (proposals for change in local government areas in Wales), for the words “a substantive change” there shall be substituted the words “ a change (hereafter in this Part referred to as a substantive change) which is independent of any change in local government areas so proposed ”.

Commencement Information

I11 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

13 (1) In subsection (1) of section 60 of the 1972 Act (procedure for reviews), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”. E+W

(2) In subsections (2) to (7) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

Commencement Information

I12 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

14 E+W In section 61(1) of the 1972 Act (local inquiries), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”.

Commencement Information

I13 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

15 (1) In subsection (1) of section 65 of the 1972 Act (delegation of functions), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”. E+W

(2) In subsection (2) of that section, for the words “a Commission” there shall be substituted the words “ the Welsh Commission ”.

Commencement Information

I14 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

16 (1) In subsection (1) of section 71 of the 1972 Act (modification of seaward boundaries of local government areas), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”. E+W

(2) In subsection (2) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

Commencement Information

I15 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

17 E+W In section 73(2) of the 1972 Act (alteration of local boundaries consequent on alteration of water course), for the words “the English Commission” there shall be substituted the words “ the Local Government Commission for England ”.

Commencement Information

I16 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

18 (1) In subsection (1) of section 78 of the 1972 Act (supplementary), in the definition of “substantive change” for the words “section 47(1)(i)” there shall be substituted the words “ section 54(1)(e) ”. E+W

(2) In subsection (2) of that section, for the words “each of the Commissions” there shall be substituted the words “ the Welsh Commission ”.

Commencement Information

I17 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

19 (1) In paragraph 7(1)(b) of Schedule 2 to the 1972 Act (constitution of London borough councils), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”. E+W

(2) In paragraph 7(2) of that Schedule, for the words “Part IV of this Act”, in the first place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

Commencement Information

I18 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

20 E+W In paragraph 10 of Schedule 3 to the 1972 Act (establishment of local authorities in England), for the words “Part IV of this Act”, in each place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

Commencement Information

I19 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

The Interpretation Act 1978 (c. 30) U.K.

21 U.K. In Schedule 1 to the Interpretation Act 1978, in the definition of “London borough” after the words “the Local Government Act 1972” there shall be inserted the words “ or Part II of the Local Government Act 1992 ”.

Commencement Information

I20 Sch. 3 wholly in force 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

The Banking Act 1987 (c. 22) E+W+S

F36 22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 3 para. 22 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 331

Section 29.

SCHEDULE 4 U.K. Repeals

Part I E+W Repeals relating to Part I

Commencement Information

I21 Sch. 4 Pt. I partly in force; Sch. 4 Pt. I in force for certain purposes at 6.5.1992 see s. 30(2); Sch. 4 Pt. I in force for certain purposes at 8.8.1996 by S.I. 1996/1888, art. 2

Chapter	Short title	Extent of repeal
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 13(6).In section 16, subsections (2) and (3).In section 19A(1)(f), the words “(1) to (3)”
1982 c. 32.	The Local Government Finance Act 1982.	In section 15(1), the word “and” immediately preceding paragraph (c).
1988 c. 9.	The Local Government Act 1988.	In section 7(3)(a), the word “periods”.

Part II U.K. Repeals relating to Part II

Extent Information

E2 Sch. 4 Pt. II does not extend to Scotland or Northern Ireland with exceptions specified in s. 30(4)(5)

Commencement Information

I22 Sch. 4 Pt. II wholly in force at 31.10.1992 see s. 30(3)(b) and S.I. 1992/2371, art. 2

Chapter	Short title	Extent of repeal
1972 c. 70.	The Local Government Act 1972.	Sections 46 to 52..Sections 62 and 63.Section 66.Section 196(7) and (8). onwards..Schedule 7.Schedule 9.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part II of Schedule 1, the entry relating to the Local Government Boundary Commission for England.
1 985 c. 51.	The Local Government Act 1985.	In Schedule 16, paragraphs 4 to 6.