Modifications etc. (not altering text)
C1Pt. II (ss. 2-6) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 9 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Pt. II (ss. 2-6) applied (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 8
Pt. II (ss. 2-6) power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (g)(i); S.I. 1997/1930, art. 3(m)
(1)A local authority shall keep a separate account of their expenditure on publicity.
(2)Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.
(3)A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)The regulation making power conferred by [F1section 27(1)(e) of the Audit Commission Act 1998] or section 105(1) (d) of the M1Local Government (Scotland) Act 1973 (power to make provision as to exercise of right of inspection and as to informing persons of those rights) applies to the right of inspection conferred by subsection (2).
(5)The Secretary of State may by order provide that subsection (1) does not apply to publicity or expenditure of a prescribed description.
(6)Before making an order the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.
(7)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 5(4) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 12
Modifications etc. (not altering text)
C2S. 5(1) excluded (E.W.) by S.I. 1987/2004, arts. 3–7
S. 5(1) applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. I para. 3
Marginal Citations