Part 12 E+W Entities controlled etc by local authorities

212 Entities controlled etc by local authorities E+W

(1) An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.

(2) The Secretary of State may make an order under this section in relation to—

(a) all English local authorities;

(b) English local authorities of particular descriptions;

(c) particular English local authorities.

(3) The Welsh Ministers may make an order under this section in relation to—

(a) all Welsh local authorities;

(b) Welsh local authorities of particular descriptions;

(c) particular Welsh local authorities.

(4) An order under this section may also include provision which requires, prohibits or regulates—

(a) the taking of specified actions by a local authority in relation to entities connected with the local authority;

(b) the taking of specified actions by members or officers of a local authority who are qualifying persons.

(5) An order under this section may make provision in relation to—

(a) every entity connected with a local authority;

(b) such entities of a particular description.

(6) For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—

(a) it is an entity other than the local authority; and

(b) according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.

(7) In this section—

• “actions” includes courses of action;

• “English local authority” means a local authority in England [F1 , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales];

• “entity” means any entity, whether or not a legal person;

• [F2 “financial year” means a period for which—

  (a)

  a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, or

  (b)

  accounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;]

• “local authority” means any body which—

  (a)

  is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), apart from a police and crime commissioner [F3 but including a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021]; and

  (b)

  [F4 in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;]

• “qualifying person” means a person who—

  (a)

  is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or

  (b)

  is a member or director of such an entity or the holder of any other specified position in relation to such an entity;

• “specified” means specified, or of a description specified, by the order;

• “Welsh local authority” means a local authority in Wales.

Textual Amendments

F1 Words in s. 212(7) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 82(a); S.I. 2015/841, art. 3(x)

F2 Words in s. 212(7) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 82(b); S.I. 2015/841, art. 3(x)

F3 Words in s. 212(7) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 11

F4 Words in s. 212(7) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 82(c); S.I. 2015/841, art. 3(x)

Commencement Information

I1 S. 212 in force at 30.12.2007, see s. 245(2)