Local Government Act 1992

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F1 Ss. 1-7 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5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 [F72 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[F73 —

(a) facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectiveness[F74 and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1)] between— ]

[F75 (i)] the standards of performance achieved by different relevant bodies in that financial year[F76 or other period]; and

[F75 (ii)] the standards of performance achieved by such bodies in different financial years[F77 or, as the case may be, other periods].

[F78 (b) facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).]

(2) Where a relevant body are required by a direction under this section to publish information in relation to any financial year[F79 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 [F80 six] months beginning with the end of that financial year[F79 or other period], to publish the information, in accordance with the direction, [F81 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

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

Textual Amendments

F72 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.

F73 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.

F74 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.

F75 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.

F76 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.

F77 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.

F78 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.

F79 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.

F80 Word in s. 1(2)(b) substituted (1.1.1998) by S.I. 1997/1981, art. 2

F81 Words in s. 1(2)(b) substituted (29.4.1996) by 1996 c. 10, s. 5(1)

Modifications etc. (not altering text)

C23 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

C24 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)

C1 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)

C2 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

The Local Government Commission E+W+S

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

(1) There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below.

(2) Schedule 2 to this Act shall have effect with respect to the Local Government Commission.

Functions of the Local Government Commission E+W

[F12 13 Reviews and Recommendations E+W

(1) The Secretary of State may request the Electoral Commission to recommend in respect of a specified area in England—

(a) whether a structural change should be made;

(b) whether a boundary change should be made.

(2) Where the Electoral Commission receive a request in respect of an area under subsection (1), they may direct the Boundary Committee for England—

(a) to conduct a review of the area, and

(b) to recommend whether a change of the kind specified in the request should be made.

(3) The Electoral Commission may direct the Boundary Committee for England—

(a) to conduct a review of a specified area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.

(4) The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a) to conduct a review of each principal area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.

(5) In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

(a) the need to reflect the identities and interests of local communities,

(b) the need to secure effective and convenient local government,

(c) the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972 F13 (equality of representation), and

(d) any scheme for elections specified by order under section 86 of the Local Government Act 2000 F14 (power to specify a scheme for elections).

(6) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a) guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

Textual Amendments

F12 S. 13 substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 1

F13 c. 70.

F14 c. 22.

Modifications etc. (not altering text)

C3 S. 13: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

14 Changes that may be recommended. E+W

(1) For the purposes of this Part—

(a) a structural change is the replacement, in any non-metropolitan area, of the two principal tiers of local government with a single tier;

(b) a boundary change is any of the changes specified in subsection (3) below, whether made for the purpose of facilitating a structural change or independently of any such change; and

(c) an electoral change is a change of electoral arrangements for any local government area, whether made in consequence of any structural or boundary change or independently of any such change;

and recommendations by the [F15 Electoral Commission] for any structural or boundary changes shall include such recommendations as to the matters mentioned in subsection (5) below as the Commission thinks appropriate in connection with the recommended changes.

(2) In subsection (1)(a) above—

(a) the reference to a non-metropolitan area is a reference to any area which is or, as a result of any recommended boundary change would be, a non-metropolitan county or a non-metropolitan district; and

(b) the reference to the replacement, in any such area, of the two principal tiers of local government with a single tier is a reference to either—

(i) the transfer to a council for a county consisting of that area of the functions in relation to that area of district councils; or

(ii) the transfer to a district council for that area of the functions in relation to that area of a county council.

(3) The changes mentioned in subsection (1)(b) above are—

(a) the alteration of a local government area, including the alteration of so much of the boundary of any such area as lies below the high-water mark of medium tides, but excluding the extension of any local government area into Wales;

(b) the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of any local government area;

(c) the abolition of a principal area of any description outside Greater London, or of a metropolitan county, and its distribution among other areas of the like description;

(d) the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;

(e) the abolition of a London borough and the distribution of its area among other London boroughs;

(f) the constitution of a new parish by—

(i) the establishment as a parish of any area which is not a parish or part of one; or

(ii) the aggregation of the whole or any part of any such area with one or more parishes or parts of parishes; and

(g) the abolition of a parish, with or without the distribution of its area among other parishes.

(4) In subsection (1)(c) above “electoral arrangements” means—

(a) in relation to a principal area—

(i) the number of councillors of the council for that area;

(ii) the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;

(iii) the number of councillors to be elected for any electoral area in that principal area F16 . . .; and

(iv) the name of any electoral area;

(b) in relation to a parish council—

(i) the number of councillors;

(ii) the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;

(iii) the number and boundaries of any such wards;

(iv) the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and

(v) the name of any such ward.

(5) The matters mentioned in subsection (1) above are—

(a) the abolition of any local authority whose functions would all vest in another as a result of any recommended structural change or whose area would be abolished or otherwise substantially affected by any recommended boundary change;

(b) the establishment, as a county or district council, of a new authority for any area which would result from any recommended boundary change involving the amalgamation or aggregation of areas or parts of areas or involving other substantial alterations of areas;

F17 [(ba) the establishment of a parish council for any new parish which would result from any recommended boundary change and the electoral arrangements (as defined in subsection (4)(b) above) for the council]

(c) the extent to which a structural or boundary change requires (whether because functions become vested in an authority for a smaller area or for any other reason connected with the change) that joint arrangements should be made in relation to functions affected by the change; F18 . . .

F19 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 [(e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas)]

(6) For the purposes of this Part the establishment of a new authority as the county or district council for any area shall be taken to include provision, subject to any necessary electoral changes—

(a) for an existing county council to become the district council for any area comprising a part of a county or for any two or more such areas; or

(b) for an existing district council to become the county council for an area comprising any one or more districts.

(7) For the purposes of this section—

(a) a metropolitan district and a non-metropolitan district shall be regarded as local government areas of a like description and so shall a metropolitan county and a non-metropolitan county; and

(b) any county or district resulting from the amalgamation or aggregation of the whole or any part of a metropolitan area with the whole or any part of a non-metropolitan area shall be regarded as a non-metropolitan county or, as the case may be, district.

[F21 (8) Notwithstanding section 6(2)(a) of the M1 Local Government Act 1972, the [F22 the Boundary Committee for England] may recommend under [F23 [F24 section 13(3) or (4)] above] that an electoral division of a non-metropolitan county should return more than one councillor.]

Textual Amendments

F15 Words in s. 14(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(2)

F16 Words in s. 14(4)(a)(iii) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 2(3)

F17 S. 14(5)(ba) inserted (19.5.1997) by 1997 c. 29, ss. 19(2), 34(2) (with s. 25)

F18 Word in s. 14(5)(c) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F19 S. 14(5)(d) repealed (28.9.2004 for E., 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 17, Sch. 9 (with s. 111); S.I. 2004/2202, art. 2(i)(k), Sch. 1 Pt. 1; S.I. 2005/2847, art. 2(f)(g), Sch. 1

F20 S. 14(5)(e) added (1.4.1995) by 1994 c. 29, s. 39(2); S.I. 1994/3262, art. 4, Sch.

F21 S. 14(8) inserted (28.9.2000) by 2000 c. 22, ss. 89(2), 108(2)

F22 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(a)

F23 Words in s. 14(8) substituted (16.2.2001) by 2000 c. 41, ss. 158(1), Sch. 21, para. 10 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

F24 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(b)

Modifications etc. (not altering text)

C4 S. 14: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d) (with s. 156(6))

C5 S. 14: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C6 S. 14 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

Marginal Citations

M1 1992 c. 19.

15 Procedure on a review. E+W

(1) As soon as reasonably practicable after being directed to conduct a review, the [F25 Boundary Committee for England] shall take such steps as [F25 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the direction requiring that review to be conducted;

(b) any other directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(2) As soon as reasonably practicable after [F26 being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England] shall take such steps as [F26 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the fact that the [F26 Committee are] to conduct a periodic review of that area;

(b) any directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(3) In conducting a review, the [F27 Boundary Committee for England] shall—

(a) take into consideration any representations made to [F27 them] within the period mentioned in subsection (1)(c) or (2)(c) above;

(b) prepare draft recommendations and take such steps as [F27 they consider]sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;

(c) deposit copies of the draft recommendations at the principal office of any principal council [F28 or police authority] appearing to that [F27 Committee]to be likely to be affected by them; and

(d) take into consideration any representations made to that [F27 Committee]within that period.

[F29 (4) As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall—

(a) submit a report to the Commission together with their recommendations;

(b) take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c) deposit copies of the recommendations at the principal office of any principal council or police authority appearing to the Committee to be likely to be affected by them.]

(5) Copies of any draft recommendations deposited at the principal office of a principal council under subsection (3)(c) above, and of any recommendations deposited at any such office under subsection (4)(c) above, shall be kept available for inspection at that office throughout the period within which representations with respect to them may be made or, as the case may be, within which they may be inspected.

[F30 (6) Where the report on a review is submitted to the Electoral Commission under subsection (4) above, the Commission may—

(a) direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit a further report under subsection (4) containing different recommendations; or

(b) direct the Boundary Committee for England to conduct a further review of all or part of the area to which the report relates and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.]

[F31 (7) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7A) A direction may, in particular, require the Boundary Committee for England to have regard to—

(a) guidance given by the Secretary of State as to matters to be taken into account in considering structural or boundary changes;

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

(8) This section shall have effect as if the Common Council of the City of London were a principal council and the City of London included the Inner Temple and the Middle Temple.

Textual Amendments

F25 Words in s. 15(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(2)

F26 Words in s. 15(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(3)

F27 Words in s. 15(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(4)

F28 Words in s. 15(3)(c)(4)(c) substituted (1.4.1995) by 1994 c. 29, s. 39(3); S.I. 1994/3262, art. 4, Sch.

F29 S. 15(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(5)

F30 S. 15(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(6)

F31 S. 15(7)(7A) substituted (1.4.2002) for s. 15(7) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(7)

Modifications etc. (not altering text)

C7 S. 15: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d), (with s. 156(6))

C8 S. 15: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C9 S. 15 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

[F32 15A Alternative procedure on a review E+W

(1) Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England not to follow the procedure on a review set out in section 15 above but—

(a) to take sufficient steps to secure that persons who may be interested in the matters which are the subject of review are informed of them and of the period within which representations about them may be made;

(b) to take into consideration any such representations made to them within that period; and

(c) to inform any person who has made representations of the recommendations which are made to the Electoral Commission.]

Textual Amendments

F32 S. 15A inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 4

Modifications etc. (not altering text)

C10 S. 15A applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

16 Consultation with the Audit Commission. E+W

(1) The Audit Commission shall, if so required by the [F33 Electoral Commission, the Boundary Committee for England or the Secretary of State], provide F34 . . . a written opinion as to the likely impact of any proposed structural changes on economy, efficiency and effectiveness in the provision of services provided by such bodies [F35 subject to audit] as are likely to be affected by the changes.

(2) The Audit Commission may require any body [F35 subject to audit] to supply the Audit Commission with all such information as it may reasonably require for the provision of an opinion under this section.

(3) The Audit Commission shall charge the [F33 Electoral Commission, the Boundary Committee for England or the Secretary of State] such fees for opinions provided under this section as will cover the full cost of providing them.

[F36 (4) Any reference in the Audit Commission Act 1998 to the Audit Commission’s functions under that Act shall include a reference to its functions under this section.

(5) In this section—

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

• “body subject to audit” has the same meaning as in the Audit Commission Act 1998.]

Textual Amendments

F33 Words in s. 16(1)(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 5(2)

F34 Words in s. 16(1) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 5(3)

F35 Words in s. 16(1)(2) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 24(1)

F36 S. 16(4)(5) inserted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 24(2)

Modifications etc. (not altering text)

C11 S. 16 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

Implementation of recommendations E+W

17 Implementation of recommendations by order. E+W

[F37 (1) Where the Electoral Commission make recommendations to the Secretary of State for structural or boundary changes in response to a request by him under section 13, he may by order give effect to all or any of the recommendations, with or without modifications.]

[F38 (1A) Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee]

(2) No order under this section shall be made before the end of the period of six weeks beginning with [F39 the receipt of recommendations or the submission of a report]; and before making such an order, F40 . . .

[F41 (a) the Secretary of State may request the Electoral Commission to supply him with additional information or advice; and

(b) the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.]

(3) [F42 Subject to subsection (3A) below,] an order under this section may, in particular, include provision which, for the purpose of giving effect (with or without modifications) to recommendations of the [F43 Electoral Commission or of the Boundary Committee for England], makes provision with respect to—

(a) the area of any authority and the name of any such area;

(b) the name of any authority;

(c) the establishment of any new authority for any county or district or the winding up and dissolution of any existing authority;

(d) the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;

(e) without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;

[F44 (ea) in the case of an order containing provision for a structural change by which the functions of district councils in relation to any area are transferred to a council for a county consisting of that area, the ordinary year of election and the order of retirement of parish councillors for any parish situated in the area]

(f) in the case of an order relating to the system of election of district councillors, the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;

(g) the constitution [F45 , election and membership] of public bodies in any area affected by the order;

(h) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order.

[F46 (3A) An order made by the Secretary of State under subsection (1) above may not include provision as to the matters mentioned in paragraphs (d), (e) and (ea) F47 of subsection (3) above.

(3B) An order made by the Electoral Commission under subsection (1A) above may not include provision as to the matters mentioned in paragraphs (a) to (c), (g) and (h) of subsection (3) above.]

(4) [F48 A power] to make an order under this section shall include power to make any such provision in relation to the other provisions of that order, or to the provisions of any previous order under this section, as is equivalent to that which may be contained in regulations under section 19 below or in an agreement under section 20 below.

(5) Without prejudice to the preceding provisions of this section, where charter trustees have been constituted under section 246 of the 1972 Act for an area which is altered by an order under this section and subsection (8) of that section (incorporation of whole or part of trustees’ area in parish) does not apply, the order may make such provision with respect to the charter trustees as appears to the Secretary of State to be appropriate.

[F49 (6) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that none of the following areas—

(a) a county in which there are no district councils,

(b) a district in any other county, and

(c) a London borough,

is divided between two or more police areas; but this subsection shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists [F50 on 1st April 1995]].

[F51 (7) An order under [F52 subsection (1A) above.] may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply.]

Textual Amendments

F37 S. 17(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(2)

F38 S. 17(1A) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(3)

F39 Words in s. 17(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(a)

F40 Words in s. 17(2) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(b)

F41 S. 17(2)(a)(b) substituted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(b)

F42 Words in s. 17(3) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(5)(a)

F43 Words in s. 17(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(5)(b)

F44 S. 17(3)(ea) inserted (19.5.1997) by 1997 c. 29, ss. 20(1), 34(2) (with s. 25)

F45 Words in s. 17(3)(g) substituted (1.10.1994) by 1994 c. 29, s. 39(4); S.I. 1994/2025, art. 5(1)(f)

F46 S. 17(3A)(3B) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(6)

F47 Paragraph (ea) was inserted by section 20 of the Local Government and Rating Act 1997.

F48 Words in s. 17(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(7)

F49 S. 17(6) added (1.10.1994) by 1994 c. 29, s. 39(5); S.I. 1994/2025, art. 5(1)(f)

F50 Words in s. 17(6) substituted (22.8.1996) by 1994 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 44

F51 S. 17(7) inserted (28.9.2000) by 2000 c. 22, ss. 89(3), 108(2)

F52 Words in s. 17(7) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(8)

Modifications etc. (not altering text)

C12 S. 17: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C13 S. 17(3) applied in part (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 17(4)(a), 27(2)

C14 S. 17(4) applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 17(4)(b), 27(2)

C15 S. 17(6) applied in part (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 17(4)(c), 27(2)

18 Consequences of structural changes etc. E+W

(1) Where an order under section 17 above gives effect to any structural change by which the functions of district councils in relation to any area are transferred to a council for a county consisting of that area, then the county council—

(a) shall, for any financial year beginning at the same time as or after the coming into force of the change, be a billing authority for the purposes of Part I of the M2 Local Government Finance Act 1992 in relation to their area; and

(b) shall not, for any such year, be a major precepting authority for those purposes.

F53 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) It shall be the duty of the Secretary of State to have regard to any recommendations made by the [F55 Electoral Commission] by virtue of section 14(5)(c) above in determining whether and how to exercise—

F53 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (b) his power to make a scheme under section 2 of the Fire and Rescue Services Act 2004 (combined fire and rescue authorities),]

in relation to any areas which have been or are to be affected by any order under section 17 above, or in relation to any such area and other areas.

(5) This section shall be without prejudice to the power to make any provision by order under this Part or to any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.

Textual Amendments

F53 S. 18(2)(4)(a) repealed (1.10.1994) by 1994 c. 29, s. 39(6); S.I. 1994/2025, art. 5(1)(f)

F54 S. 18(3) repealed (1.10.2004 for E., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 82(2), 2; S.I. 2004/2304, art. 2

F55 Words in s. 18(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 7

F56 S. 18(4)(b) substituted (1.10.2004 for E., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 82(3); S.I. 2004/2304, art. 2

Modifications etc. (not altering text)

C16 S. 18 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

Marginal Citations

M2 1992 c. 14.

19 Regulations for supplementing orders. E+W

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as he thinks necessary or expedient for the purposes or in consequence of any orders under section 17 above, or for giving full effect to orders under that section.

(2) Regulations under this section may, in particular, include provision of general application with respect to—

(a) the transfer of functions, property, rights or liabilities from a local authority [F57 or police authority]for any area to another local authority [F57 or police authority]whose area consists of or includes the whole or any part of that area;

(b) the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 22 below;

(c) the management or custody of transferred property (whether real or personal);

(d) the functions or areas of jurisdiction of any public body or of any of the following persons—

(i) any [F58 justice of the peace other than a District Judge (Magistrates’ Courts),], coroner or keeper of the rolls for a commission area F59 . . .;

(ii) any lord-lieutenant, lieutenant or high sheriff;

(iii) any other officers (including police officers) within the area of any local authority affected by any such order,

[F60 , and the functions of any District Judge (Magistrates’ Courts),]and the costs and expenses of such public bodies and persons.

(3) In their application in relation to any order under section 17 above, regulations under this section shall have effect subject to any provision made under that section.

(4) Any regulations under section 67 of the 1972 Act (regulations in connection with implementation of proposals under Part IV of that Act) which are in force at the commencement of this section shall have effect, without prejudice to their operation in relation to any order made under that Part after the commencement of this section (whether by virtue of section 24(3) below or otherwise) and subject to any regulations under this section, as if orders under section 17 above were orders under that Part.

Textual Amendments

F57 Words in s. 19(2)(a) inserted (1.10.1994) by 1994 c. 29, s. 39(7); S.I. 1994/2025, art. 5(1)(f)

F58 Words in s. 19(2)(d)(i) substituted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 38(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F59 Words in s. 19(2)(d)(i) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

F60 Words in s. 19(2)(d) substituted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 38(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

Modifications etc. (not altering text)

C17 S. 19 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

20 Agreements as to incidental matters. E+W

(1) Any public bodies affected by an order under this Part may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the order) of, and any financial relations between, the parties to the agreement.

(2) Such an agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator—

(a) agreed on by the parties; or

(b) in default of agreement, appointed by the Secretary of State;

and the award of the arbitrator may make any provision that might be contained in an agreement under this section.

(4) In subsection (3) above “disputed matter” means any matter which—

(a) might be the subject of provision contained in an agreement under this section; and

(b) is the subject of such a dispute between two or more public bodies as is not resolved by or under provision contained in any order or regulations under this Part.

Modifications etc. (not altering text)

C18 S. 20 extended (19.5.1997) by 1997 c. 29, ss. 23(9), 34(2) (with s. 25)

C19 S. 20 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

21 Joint authorities. E+W

(1) This section applies to any functions which are to be or have become functions of any authority as a result of any structural or boundary change if the Secretary of State considers, having regard to any recommendations to that effect made by the [F61 Electoral Commission] by virtue of section 14(5)(c) above, that they should be carried out in accordance with joint arrangements.

(2) Where it appears to the Secretary of State that joint arrangements, or satisfactory joint arrangements, with respect to any functions to which this section applies—

(a) have not been made by the authorities in whom those functions are to be or have been vested;

(b) will not be in force when the structural or boundary change in question comes into force; or

(c) have ceased or will cease to be in operation,

he may, for the areas of those authorities, by order establish a joint authority, which may be a body corporate, to carry out those functions, from a date specified in the order until such joint arrangements as appear to him to be satisfactory are brought into force.

(3) An order under this section may make provision for enabling the Secretary of State to require the joint authority to submit to him a scheme for the winding up of the joint authority and for the transfer—

(a) to any of the authorities for whose areas the joint authority is established; or

(b) to any body established in pursuance of any joint arrangements made by or in relation to those authorities,

of any of the joint authority’s property, rights and liabilities or of any functions which it carries out.

(4) The Secretary of State may by order provide—

(a) for excluding any functions, or any functions in any area, from those falling to be carried out by a joint authority; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (3) above and for the dissolution of a joint authority.

(5) The power to make an order under any of the preceding provisions of this section shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient, including provision for the transfer of property, rights and liabilities.

Textual Amendments

F61 Words in s. 21(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 8

Modifications etc. (not altering text)

C20 S. 21 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

22 Residuary bodies. E+W

(1) The Secretary of State may by order establish one or more bodies (“residuary bodies”), which shall be bodies corporate, for the purpose of taking over any property, rights or liabilities, and any related functions, of local authorities which cease to exist by virtue of orders under section 17 above.

(2) An order under subsection (1) above may—

(a) make provision with respect to the constitution and membership of a residuary body;

(b) make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

(c) make provision with respect to the keeping and auditing of accounts of a residuary body;

(d) make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

(e) make provision for enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions; and

(f) without prejudice to the generality of paragraphs (a) to (e) above, make any such provision with respect to a residuary body as was made by Part VII of the M3 Local Government Act 1985 with respect to the residuary bodies established by that Part.

(3) The Secretary of State may by order provide—

(a) for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) above and for the dissolution of a residuary body.

(4) The power to make an order under any of the preceding provisions of this section shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient.

Modifications etc. (not altering text)

C21 S. 22 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

Marginal Citations

M3 1985 c. 51.

F62 23 Staff commissions. E+W

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

Textual Amendments

F62 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

F63 24 Abolition of the Local Government Boundary Commission for England. E+W

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

Textual Amendments

F63 S. 24 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

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

The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.

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

(1) The powers of the Secretary of State [F64 or the Electoral Commission] under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—

(a) it effects a structural change;

(b) it establishes a joint authority for two or more local government areas; or

(c) it effects only electoral changes or relates only to parishes.

(2) No order under this Part effecting a structural change or establishing a joint authority for two or more local government areas shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament; but an order effecting such a change or establishing a joint authority shall, if apart from this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.

[F65 (3) Every power of the Secretary of State under this Part to make orders or regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies]

(4) Any power of the Secretary of State by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a) to apply with or without modifications;

(b) to extend, exclude or amend; or

(c) to repeal or revoke with or without savings,

any enactment, any instrument made under any enactment or any charter, whenever granted.

(5) Any power of the Secretary of State under this Part to make by order or regulations provision for the transfer of any functions, property, rights or liabilities or to make transitional provision in connection with any such transfer or with the establishment of any body shall include, in particular, power to provide—

(a) for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(b) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and

(c) for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

(6) A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where [F66 the Secretary of State is or the Electoral Commission are satisfied] that—

(a) a mistake has occurred in the preparation of an order under any provision of this Part; and

(b) the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M4 Interpretation Act 1978 (implied power to amend),

[F66 he or they may] by order under this subsection make such provision as [F66 he thinks or they think] necessary or expedient for rectifying the mistake.

(7) In this section—

• “enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and

• “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

Textual Amendments

F64 Words in s. 26(1) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(2)

F65 S. 26(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(3)

F66 Words in s. 26(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 8, Sch. 1 para. 9(4)

Modifications etc. (not altering text)

C22 S. 26 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

Marginal Citations

M4 1978 c. 30.

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.

(2) In considering the electoral arrangements for any local government area for the purposes of this Part [F67 the Electoral Commission and the Boundary Committee for England] shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—

(a) until the commencement of section 24 above, as including a reference to the Local Government Commission; and

(b) thereafter, as if they were references to the [F67 the Electoral Commission and the Boundary Committee for England] or the Local Government Boundary Commission for Wales.

(3) In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.

Textual Amendments

F67 Words in s. 27(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 10(2)(3)

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 M5 Local Government Act 1972;

• “the 1973 Act” means the M6 Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M7 Local Government, Planning and Land Act 1980;

• F68 “the 1982 Act” means the M8 Local Government Finance Act 1982;

• “the 1988 Act” means the M9 Local Government Act 1988;

• F68 “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• F68 “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;

• “the Local Government Commission” means the Local Government Commission for England;

• “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 M10 National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

• “staff” includes officers and employees.

[F68 (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).]

(3) References in this Act (however framed) to a body affected by any recommendations, changes or order under Part II of this Act include references to a body whose area or functions are so affected or to a body which is to cease to exist in pursuance of the recommendations, changes or order and, in relation to an order, include a body which is established under or in consequence of the order.

Textual Amendments

F68 Definitions in s. 28 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Marginal Citations

M5 1972 c. 70.

M6 1973 c. 65.

M7 1980 c. 65.

M8 1982 c. 32.

M9 1988 c. 9.

M10 1990 c. 19.

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

F69 (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 M11 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

F69 S. 29(1) repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Marginal Citations

M11 1978 c. 30.

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

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

F70 (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) [F71 Part II of Schedule 4, apart from so much of that Part] as makes a repeal in the M12 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

F70 S. 30(2) repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F71 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

M12 1975 c. 24.