PART 5

Community empowerment
CHAPTER 2

Community right to challenge

Duty to consider expression of interest
81
1
A relevant authority must consider an expression of interest in accordance with this Chapter if—
a
it is submitted to the authority by a relevant body, and
b
it is made in writing and complies with such other requirements for expressions of interest as the Secretary of State may specify by regulations.
This is subject to section 82 (timing of expressions of interest).
2
In this Chapter “relevant authority” means—
a
a county council in England,
b
a district council,
c
a London borough council, or
d
such other person or body carrying on functions of a public nature as the Secretary of State may specify by regulations.
3
The persons or bodies who may be specified by regulations under subsection (2)(d) include a Minister of the Crown or a government department.
4
In this Chapter “expression of interest”, in relation to a relevant authority, means an expression of interest in providing or assisting in providing a relevant service on behalf of the authority.
5
In this Chapter “relevant service”, in relation to a relevant authority, means a service provided by or on behalf of that authority in the exercise of any of its functions in relation to England, other than a service of a kind specified in regulations made by the Secretary of State.
6
In this Chapter “relevant body” means—
a
a voluntary or community body,
b
a body of persons or a trust which is established for charitable purposes only,
c
a parish council,
d
in relation to a relevant authority, two or more employees of that authority, or
e
such other person or body as may be specified by the Secretary of State by regulations.
7
For the purposes of subsection (6) “voluntary body” means a body, other than a public or local authority, the activities of which are not carried on for profit.
8
The fact that a body's activities generate a surplus does not prevent it from being a voluntary body for the purposes of subsection (6) so long as that surplus is used for the purposes of those activities or invested in the community.
9
For the purposes of subsection (6) “community body” means a body, other than a public or local authority, that carries on activities primarily for the benefit of the community.
10
The Secretary of State may by regulations—
a
amend or repeal any of paragraphs (a) to (d) of subsection (6);
b
amend or repeal any of subsections (7) to (9);
c
make other amendments to this Chapter (including amendments to any power to make regulations) in consequence of provision made under subsection (2)(d) or (6)(e) or paragraph (a) or (b) of this subsection.
S. 81 in force for specified purposes at Royal Assent see s. 240(5)(d)
S. 81 in force at 27.6.2012 in so far as not already in force by S.I. 2012/1463, art. 4
Pt. 5 Ch. 2 modified in part by S.I. 2008/2113, reg. 10A (as inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(4) as amended (2.1.2019) by S.I. 2018/1296, reg. 14(2))
Pt. 5 Ch. 2 modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 29(3) (with reg. 1(2)(3))