Local Government Act 1972

• (4) In subsection (1A) above “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006, and “NHS trust” means a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ....

114

• (1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may in the case of any other officer employed by them, take such security, for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

• (2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

• (3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

• (4) In this section “local authority” includes a corporate joint committee.

115

• (1) Every officer employed by a local authority, whether under this Act or any other enactment, shall at such times during the continuance of his office or within three months after ceasing to hold it, and in such manner as the local authority direct, make out and deliver to the authority, or in accordance with their directions, a true account in writing of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each.

• (2) Every such officer shall pay all money due from him to the proper officer of the local authority or in accordance with their directions.

• (3) In this section “local authority” includes a corporate joint committee.

116

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority in England, be disqualified for being appointed or elected by that authority to any paid office, other than to the office of chairman or vice-chairman or, in the case of a local authority in England which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive. . ..

117

• (1) If it comes to the knowledge of an officer employed, whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall as soon as practicable give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 95 above had he been a member of the authority.

• (2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

• (3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) References in this section to a local authority shall include references to a corporate joint committee and to a joint committee appointed under Part VI of this Act or any other enactment.

• (5) In the application of this section to a corporate joint committee—

• (a) the reference in subsection (1) to any committee of an authority is to be read as a reference to any sub-committee of the corporate joint committee, and

• (b) section 95 of this Act is to be treated as if it applies to a corporate joint committee as it applies to another authority for the purposes of this section.

118

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

119

• (1) If, on the death of any person who is or has been an officer of a local authority, there is due to him or his legal personal representatives from a local authority a sum not exceeding £500 and not being a pension, allowance or gratuity payable by virtue of section 7 of the Superannuation Act 1972, the authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer’s personal representatives or to the person, or to or among any one or more of any persons, appearing to the authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the authority, shall be liable to account for the sum paid to him under this subsection.

• (2) The authority may, if they think fit, pay out of the said sum the funeral expenses of the officer or so much thereof as they consider reasonable . . .

• (3) Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965, substituting for references to £500 references to such higher amount as may be specified in the order.

• (4) Where provision has been made by regulations under section 7(1)(b) of the said Act of 1972 with respect to the pensions, allowances or gratuities which in certain circumstances are to be, or may be, paid to or in respect of any persons or classes of persons, the Secretary of State may by regulations provide for the application of the foregoing provisions of this section to such of those persons or classes of persons as may be specified in the regulations.

• (5) In this section, references to a local authority include a corporate joint committee.

Land transactions — principal councils

120

• (1) For the purposes of—

• (a) any of their functions under this or any other enactment, or

• (b) the benefit, improvement or development of their area,

a principal council may acquire by agreement any land, whether situated inside or outside their area.

• (2) A principal council may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the council’s functions.

• (3) Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act.

• (3A) Police and crime commissioners and the Mayor's Office for Policing and Crime are to be treated as principal councils for the purposes of—

• (a) this section (apart from subsection (1)(b)), and

• (b) section 121.

• (3B) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).

• (4) Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

• (5) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

121

• (1) Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area.

• (2) A council may not be authorised under subsection (1) above to purchase land compulsorily—

• (a) for the purpose specified in section 120(1)(b) above, or

• (b) for the purpose of any of their functions under the Local Authorities (Land) Act 1963, or

• (c) for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

• (3) Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and—

• (a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

• (b) where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

• (4) The Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above . . ..

122

• (1) Subject to the following provisions of this section, a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required for the purpose for which it is held immediately before the appropriation; but the appropriation of land by a council by virtue of this subsection shall be subject to the rights of other persons in, over or in respect of the land concerned.

• (2) A principal council may not appropriate under subsection (1) above any land which they may be authorised to appropriate under section 229 of the Town and Country Planning Act 1990 (land forming part of a common, etc.) unless—

• (a) the total of the land appropriated in any particular common, . . . or fuel or field garden allotment (giving those expressions the same meanings as in the said section 229) does not in the aggregate exceed 250 square yards, and

• (b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulatiing in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

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

• (2A) A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

• (2B) Where land appropriated by virtue of subsection (2A) above is held—

• (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

• (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section, any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and application of Part VA.

123

• (1) Subject to the following provisions of this section, and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010, a principal council may dispose of land held by them in any manner they wish.

• (2) Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

• (2A) A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

• (2AA) Subsection (2A) does not apply to a disposal to which the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 apply.

• (2B) Where by virtue of subsection (2A) above or in accordance with the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010. a council dispose of land which is held—

• (a) for the purpose of section 164 of the Public Health Act 1875 (pleasure grounds); or

• (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

• (a) of the grant of a term not exceeding seven years, or

• (b) of the assignment of a term which at the date of the assignment has not more than seven years to run,

and in this section “public trust land” has the meaning assigned to it by section 122(6) above.

123A

Land transactions—parish and community councils

124

• (1) For the purposes of—

• (a) any of their functions under this or any other public general Act, or

• (b) the benefit, improvement or development of their area,

a parish or community council may acquire by agreement any land, whether situated inside or outside their area.

• (2) Where under this section a parish or community council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act.

• (3) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

125

• (1) If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for a purpose for which they are authorised to acquire land other than—

• (a) the purpose specified in section 124(1)(b) above, or

• (b) a purpose in relation to which the power of acquisition is by an enactment expressly limited to acquisition by agreement,

they may represent the case to the council of the district in which the parish or community is situated.

• (2) If the district council are satisfied that suitable land for the purpose cannot be acquired on reasonable terms by agreement, they may be authorised by the Secretary of State to purchase compulsorily the land or part of it; and the Acquisition of Land Act 1981 shall apply in relation to the purchase.

• (3) The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by an owner and to the convenience of other property belonging to the same owner and shall, as far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner.

• (4) The order shall be carried into effect by the district council but the land when acquired shall be conveyed to the parish or community council; and accordingly in construing for the purposes of this section and of the order any enactment applying in relation to the compulsory acquisition, the parish or community council or the district council, or the two councils jointly, shall, as the case may require, be treated as the acquiring authority.

• (5) The district council may recover from the parish or community council the expenses incurred by them in connection with the acquisition of land under this section.

• (6) If a parish or community council make representations to a district council with a view to the making of an order under this section and the district council—

• (a) refuse to make an order, or

• (b) do not make an order within 8 weeks from the making of the representations or such longer period as may be agreed between the two councils,

the parish or community council may petition the Secretary of State who may make the order, and this section and the provisions of the Acquisition of Land Act 1981 shall apply as if the order had been made by the district council and confirmed by the Secretary of State.

• (7) In the application of this section to a parish or community council for a group of parishes or communities—

• (a) references to the parish or community shall be construed as references to the area of the group, and

• (b) if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of the districts acting jointly.

• (8) In relation to Wales—

• (a) references in this section to a district council are to be read as references to a principal council; and

• (b) references to a district are to be read as references to a principal area.

126

• (1) Any land belonging to a parish or community council which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the council for any other purpose for which the council are authorised by this or any other public general Act to acquire land by agreement.

• (2) In the case of a parish which does not have a separate parish council, any land belonging to the parish meeting which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the parish meeting for any other purpose approved by the Secretary of State.

• (3) The appropriation of land by virtue of this section by a parish or community council or by a parish meeting shall be subject to the rights of other persons in, over or in respect of the land concerned.

• (4) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land which they may be authorised to appropriate under section 229 of the Town and Country Planning Act 1990 (land forming part of a common, etc.) unless—

• (a) the total of the land appropriated in any particular common, . . . or fuel or field garden allotment (giving those expressions the same meanings as in the said section 229) does not in the aggregate exceed 250 square yards, and

• (b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

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

• (4A) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

• (4B) Where land appropriated by virtue of subsection (4A) above is held—

• (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

• (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission to meetings of principal councils.

127

• (1) Subject to the following provisions of this section, and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

• (2) Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

• (3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).

• (4) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 2011.

• (5) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

• (a) of the grant of a term not exceeding seven years, or

• (b) of the assignment of a term which at the date of the assignment has not more than seven years to run.

Land transactions—general provisions

128

• (1) In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, that consent may be given—

• (a) in relation to any particular transaction or transactions or in relation to a particular class of transactions; and

• (b) in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and

• (c) either unconditionally or subject to such conditions as the Minister concerned may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

• (2) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land, then—

• (a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and

• (b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

• (3) Notwithstanding that principal councils are authorities to whom Part II of the Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council.

• (4) In this section “local authority” includes a parish meeting and the parish trustees of a parish.

129

• (1) With the consent of the Secretary of State, any purchase money or compensation payable in pursuance of the foregoing provisions of this Part of this Act by a local authority in respect of any land acquired from another local authority, being money or compensation which would, apart from this section, be required to be paid into court in accordance with the Compulsory Purchase Act 1965, may, instead of being so paid, be paid and applied as the Secretary of State may determine.

• (2) A decision of the Secretary of State under this section shall be final.

130

The Chancellor and Council of the Duchy of Lancaster may sell to a local authority any land belonging to Her Majesty in right of that Duchy which the local authority think fit to purchase, and the land may be granted to the local authority and the proceeds of sale shall be paid and dealt with as if the land had been sold under the authority of the Duchy of Lancaster Lands Act 1855.

131

• (1) Nothing in the foregoing provisions of this Part of this Act or in Part VIII below—

• (a) shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906; or

• (b) shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing.

• (2) The enactments referred to in subsection (1)(b) above are—

• (a) the Technical and Industrial Institutions Act 1892;

• (b) the Military Lands Acts 1892 to 1903;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the Allotments Acts 1908 to 1950;

• (e) the Small Holdings and Allotments Acts 1908 to 1931;

• (f) the Ancient Monuments and Archaeological Areas Act 1979

• (g) section 28 of the Land Settlement (Facilities) Act 1919;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) Part III of the Agriculture Act 1970; and

• (jj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) any local Act (including an Act confirming a provisional order).

• (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (m) the Housing Act 1985; and

• (n) Part 2 of the Historic Environment (Wales) Act 2023.

• (3) Nothing in the foregoing provisions of this Part of this Act shall affect the operation of sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land) and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in section 117(3)(a) (certain statutorily authorised dispositions not to require the sanction of the Charity Commission).

• (4) In this section “local authority” includes a parish meeting and the parish trustees of a parish.

Premises and contracts

Disposal of land by principal councils.

132

A principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.

133

A parish or community council may acquire or provide and furnish buildings to be used for public meetings and assemblies or contribute towards the expenses incurred by any other parish or community council or any other person in acquiring or providing and furnishing such a building.

134

• (1) If in a parish there is no suitable public room vested in the parish council or the parish trustees, as the case may be, which can be used free of charge, a suitable room in premises of a school maintained by the local authority . . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

• (a) a parish meeting or any meeting of the parish council, where there is one; or

• (b) meetings convened by the chairman of the parish meeting or by the parish council, where there is one; or

• (c) the administration of public funds within or for the purposes of the parish where those funds are administered by any committee or officer appointed by the parish council or parish meeting or by the county council or district council.

• (2) If in a community there is no suitable public room vested in the community council which can be used free of charge or there is no community council, a suitable room in premises of a school maintained by the local authority . . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

• (a) a community meeting or any meeting of the community council, where there is one; or

• (b) meetings convened by the community council, where there is one; or

• (c) the administration of public funds within or for the purposes of the community where those funds are administered by any committee or officer appointed by the community council, where there is one, or by the principal council.

• (3) Nothing in this section shall authorise—

• (a) the use of a room used as part of a private dwelling; or

• (b) any interference with the hours during which a room in the premises of a school is used for educational purposes; or

• (c) any interference with the hours during which a room used for the purposes of the administration of justice, or for the purposes of the police, is used for those purposes.

• (4) If, by reason of the use of a room for any of the purposes mentioned in subsection (1) or (2) above, any expense is incurred by persons having control of the room, or any damage is done to the room or the building of which it is part or to its appurtenances, or to the furniture of the room or any teaching aids, the expense or the cost of making good the damage shall be defrayed as an expense of the parish or community council or parish or community meeting.

• (5) If any question arises under this section as to what is reasonable or suitable, it may be determined by the Secretary of State.

• (6) In subsections (1) and (2) “local authority” has the meaning given by section 579(1) of the Education Act 1996.

135

• (1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

• (2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

• (3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

• (4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

Miscellaneous

136

Two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

137

• (1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

• (a) for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

• (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

• (1A) In any case where—

• (a) by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and

• (b) the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitation or condition.

• (2) It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2D) In subsection (2C) above—

• “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

• “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

• (3) A local authority may, subject , in the case of a parish or community council, to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say—

• (a) the funds of any charitable body in furtherance of its work in the United Kingdom; or

• (b) the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or

• (c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973.

• (4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

• (a) such sum as is for the time being appropriate to the authority under Schedule 12B to this Act, by

• (b) the relevant population of the authority’s area.

• (4AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4AB) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

• (4A) For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

• (4B) The amounts mentioned in subsection (4A) above are—

• (a) the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure);

• (b) the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

• (c) so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure;

• (d) any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

• (e) the amount of any repayment in that year of a loan under this section made by the authority in any year; and

• (f) the amount of any expenditure—

• (i) which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

• (ii) which is incurred by the authority in that year and is of a description so specified; or

• (iii) which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

• (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A statutory instrument containing an order under this section may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

• (6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure. . . .

• (7A) In relation to England, section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to section 3(3) of that Act.

• (7B) In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Subject to subsection (10) below, in this section “local authority” means—

• (a) a parish council which is not an eligible parish council for the purposes of Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) , or

• (b) a community council which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence).

• (10) In subsection (3) above “local authority” means—

• (a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

• (b) in relation to Wales, a county council, a county borough council or a community council.

137A

• (1) If in any financial year a local authority provides financial assistance—

• (a) to a voluntary organisation, as defined in subsection (2D) of section 137 above, or

• (b) to a body or fund falling within subsection (3) of that section,

and the total amount so provided to that organisation, body or fund in that year equals or exceeds the relevant minimum, then, as a condition of the assistance, the authority shall require the organisation, body or fund, within the period of twelve months beginning on the date when the assistance is provided, to furnish to the authority a statement in writing of the use to which that amount has been put.

• (2) In this section “financial assistance” means assistance by way of grant or loan or by entering into a guarantee to secure any money borrowed and, in relation to any financial assistance,—

• (a) any reference to the amount of the assistance is a reference to the amount of money granted or lent by the local authority or borrowed in reliance on the local authority’s guarantee; and

• (b) any reference to the date when the assistance is provided is a reference to the date on which the grant or loan is made or, as the case may be, on which the guarantee is entered into.

• (3) The relevant minimum referred to in subsection (1) above is £2,000 or such higher sum as the Secretary of State may by order specify.

• (4) It shall be a sufficient compliance with a requirement imposed by virtue of subsection (1) above that there is furnished to the local authority concerned an annual report or accounts which contain the information required to be in the statement.

• (5) A statement (or any report or accounts) provided to a local authority in pursuance of such a requirement shall be deposited with the proper officer of the authority.

• (6) In this section “local authority” includes the Common Council.

138

• (1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a principal council are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the council may—

• (a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

• (b) make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Nothing in this section authorises a local authority to execute—

• (a) any drainage or other works in any part of a main river, within the meaning of Part IV ’of the Water Resources Act 1991, or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or

• (b) any works which local authorities have power to execute under sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991,

but subject to those limitations, the powers conferred by subsections subsection (1) above are in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

• (4) In this section “principal council” includes the Common Council and, until 1st April 1974, the council of an existing county, county borough or county district.

• (5) With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and the London Fire Commissioner may incur expenditure in co-ordinating planning by principal councils in connection with their functions under subsection (1) above.

• (6) In this section “contingency planning” means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.

139

• (1) Subject to the provisions of this section a local authority may accept, hold and administer—

• (a) for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or

• (b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

• (2) Where any such work is executed in connection with a gift made for the benefit of the inhabitants of the area of a local authority or of some part of that area, the cost of executing the work shall be added to any expenditure under section 137 above in computing the limit imposed on that expenditure by subsection (4) of that section.

• (3) This section shall not authorise the acceptance by a local authority of property which, when accepted, would be held in trust for an ecclesiastical charity or for a charity for the relief of poverty.

• (4) Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of the Education Act 1996.

140

• (1) A local authority may enter into a contract of accident insurance against risks of any member of the authority meeting with a personal accident, whether fatal or not, while engaged on the business of the authority.

• (2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member of the authority in respect of an accident to whom that sum is received.

• (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract, . . .

• (3A) References to accident insurance must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (4) In this section, the expression . . . “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

140A

• (1) A local authority may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of the authority meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

• (2) In this section

• “local authority” includes—

• (a) a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990. . .;

• (b) the Common Council of the City of London; and

• (c) the Council of the Isles of Scilly; and

140B

• (1) A county council . . . may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of a relevant probation committee meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged.

• (2) In this section—

• “relevant probation committee” means—

• (a) in relation to a county council, a probation committee for a probation area wholly or partly within the county; and

• (b) in relation to Greater London, a probation committee for a probation area wholly or partly within an outer London borough (within the meaning of section 1 of the 1963 Act); and

• (3) In relation to Wales—

• (a) subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and

• (b) subsection (2)(a) above shall have effect as if it referred to the area of the principal council.

140C

• (1) The relevant classes of contracts of insurance for the purposes of sections 140A and 140B above are—

• (a) contracts of permanent health insurance; and

• (b) contracts of accident insurance.

• (1A) Subsection (1) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (2) Any sum received under a contract of insurance made by virtue of section 140A or 140B above shall, after deduction of any expenses incurred in the recovery thereof, be paid by the authority receiving it to, or to the personal representatives of, the voluntary assistant who suffered the accident, disease or sickness in respect of which the sum is received or to such other person as the authority consider appropriate having regard to the circumstances of the case; and a sum paid to any person other than the assistant or his personal representatives shall be applied by that person in accordance with any directions given by the authority for the benefit of any dependant of the voluntary assistant.

• (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract.

• (4) Section 119 above shall apply to any sum which is due by virtue of subsection (2) above and does not exceed the amount for the time being specified in section 119(1) above.

141

• (1) The council of a non-metropolitan county may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning the county or any part of the county and may make, or assist in the making of, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the county, any government department or the public.

• (2) The appropriate Minister with respect to any matter may require the council of a county to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the county in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the county, but not the county council, the county council may require that other authority to furnish them with that information.

• (3) This section has effect—

• (a) in relation to a principal council in Wales—

• (i) as if any reference to a council were a reference to the principal council, and

• (ii) as if any reference to a county were a reference to the principal area;

• (b) in relation to a corporate joint committee—

• (i) as if any reference to a council were a reference to the corporate joint committee,

• (ii) as if any reference to a county were a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee, and

• (iii) as if any reference to any other local authority in the county were a reference to any local authority in the corporate joint committee’s area.

142

• (1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities mentioned in subsection (1B) below or by government departments or by charities and other voluntary organisations, and other information relating to the functions of the authority.

• (1A) A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.

• (1AA) A local authority may—

• (a) for the purpose of broadcasting or distributing information falling within subsection (1AB), provide an electronic communications network or electronic communications service, or

• (b) arrange with the provider of such a network or service for the broadcasting or distribution of such information by means of the network or service.

• (1AB) Information falls within this subsection, in relation to a local authority, if it is one or both of the following—

• (a) information concerning the services within the area of the authority that are provided either by the authority themselves or by other authorities mentioned in subsection (1B) below;

• (b) information relating to the functions of the authority.

• (1AC) Nothing in subsection (1AA) entitles a local authority to do anything in contravention of a requirement or restriction imposed by or under—

• (a) Part 2 of the Wireless Telegraphy Act 2006,

• (b) the Broadcasting Act 1990,

• (c) the Broadcasting Act 1996, or

• (d) the Communications Act 2003,

and in that subsection “electronic communications network” and “electronic communications service” each has the same meaning as in the Communications Act 2003.

• (1B) The other authorities referred to above are any other local authority, ... a joint authority established by Part IV of the Local Government Act 1985 , an economic prosperity board, a combined authority , a combined county authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local or other such authorities.

• (2) A local authority may—

• (a) arrange for the publication within their area of information relating to the functions of the authority; and

• (b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

• (c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

• (d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

• (2A) A local authority may assist voluntary organisations to provide for individuals—

• (a) information and advice concerning those individuals’ rights and obligations; and

• (b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.

• (3) In this section “local authority” includes the Common Council and “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

• (4) This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

143

• (1) A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

• (a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

• (b) of any association of officers or members of local authorities which was so formed.

• (2) In this section “local authority” includes the Common Council and a corporate joint committee.

144

• (1) A local authority may (either alone or jointly with any other person or body)—

• (a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and

• (b) provide, or encourage any other person or body to provide, facilities for ..., conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

• (2) Without prejudice to subsection (1) above, a local authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “local authority” includes the Common Council.

145

• (1) A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say—

• (a) the provision of an entertainment of any nature or of facilities for dancing;

• (b) the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;

• (c) the maintenance of a band or orchestra;

• (d) the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;

• (e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.

• (2) Without prejudice to the generality of the provisions of subsection (1) above, a local authority—

• (a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;

• (b) may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;

• (c) may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.

• (3) Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

• (4) Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of alcohol .

• (5) In this section, the expression “local authority” includes the Common Council.

146

• (1) Where any securities are standing in the books of a company in the name of a local authority, the following provisions shall have effect—

• (a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

• (b) if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

• (c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

• (1A) In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council.

• (2) In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

• “local authority” means a local authority within the meaning of the 1933 Act, the London Government Act 1939 or this Act or a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, a burial board, a joint burial board or the parish trustees of a parish;

• “securities” has the meaning given in section 98(1) above

• (3) The jurisdiction of the court under this section may be exercised by the High Court or, in cases in which the county court would have jurisdiction if the application were an application made under the Trustee Act 1925, by that court.

146A

• (1) Subject to subsections (1ZA), (1ZB) , (1ZC) , (1ZD) , (1ZE) , (1ZEA) or (1ZF) below, a joint authority, an economic prosperity board, a combined authority, a combined county authority ... and the London Fire Commissioner ... ... shall each be treated—

• (a) as a local authority for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except sub-sections (1)(b) and (2) ), 140, 140A, 140C, 143 and 146 above; and

• (b) as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above.

• (1ZA) In its application by virtue of subsection (1) to an economic prosperity board, section 111 has effect as if it did not permit the borrowing of money.

• (1ZB) In its application by virtue of subsection (1) to a combined authority, section 111 has effect as if it permitted the borrowing of money for the purposes of the exercise by the authority of its transport functions only.

• (1ZC) Neither a metropolitan county fire and rescue authority, nor the London Fire Commissioner, is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004).

• (1ZD) An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

• (1ZE) Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).

• (1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section 49 of the Levelling-up and Regeneration Act 2023).

• (1ZF) The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIII — Finance

Expenses and receipts

Additional rights of access to documents for members of principal councils.

147

148

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The council of each county shall keep a fund to be known as the county fund . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund.

• (5) Accounts shall be kept of receipts carried to, and payments made out of,

• (a) the county fund, in the case of a county, and

• (b) the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough;

, and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area.

• (5A) Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.

• (5B) For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.

• (6) This section does not apply in relation to a Welsh county council or county borough council.

149

150

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council.

• (3) In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the principal area in which the community is situated.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be.

• (7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish ... meeting or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12).

151

• (1) Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.

• (2) This section applies to a corporate joint committee as it applies to a local authority.

152

Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.

153

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

154–167

Miscellaneous provisions as to finance and rating

168

• (1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,—

• (a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting;

• (b) in the case of any billing authority—

• (i) of the amount payable to the authority by way of council tax and non-domestic rates; and

• (ii) of the amount paid to any other authority in pursuance of a precept or levy.

• (2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

• (3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter.

• (4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament.

• (5) In this section “local authority” means—

• (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

• (aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; . . .

• (c) a body as regards which section 75 of that Act applies

169

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

170

171

172

. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.

Allowances to members of local authorities and other bodies

173

• (1) Subject to subsection (6) below, any member of a parish or community council who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the parish or community council may determine unless a notice under section 173A below is effective in relation to him.

• (2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

• (3) The amount of any allowance determined by a parish or community council under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

• (4) Subject to subsection (6) below, any member of a parish or community council who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

173A

• (1) If a councillor gives notice in writing to the parish or community council of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

• (2) A notice under this section is referred to in this section as a “financial loss allowance notice”.

• (3) If a councillor gives a financial loss allowance notice to the parish or community council not later than the end of the period of one month beginning with the day of his election as a member of the councilthen, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

• (4) If a councillor gives a financial loss allowance notice to the parish or community council otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

• (4A) If a councillor who has given a parish or community council a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.

174

• (1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

• (2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175

• (1) The following bodies, that is to say—

• (a) any local authority;

• (b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.

• (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

• (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

• (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.

• (2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

• (3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

• (3B) In relation to an economic prosperity board, a combined authority , a combined county authority or any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

• (a) to the functions of the body; or

• (b) to any functions of local authorities in which the body has an interest.

• (4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

176

• (1) Subject to subsection (2) below, a local authority may—

• (a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

• (b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

• (2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.

• (3) In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority ....... . .

177

• (1) ... sections 174 and 175 above apply—

• (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

• (i) the Common Council;

• (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

• (iii) without prejudice to section 265 below, the Council of the Isles of Scilly;

• (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

• (c) to any parish or community council.

• (1A) Subsection (1) has effect without prejudice to the operation of—

• (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);

and

• (c) regulations made by virtue of section 52(6) of that Act (allowances for exclusion appeal panels: Wales); and.

• (2) In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of sections 173 to 176 above ... a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

• (4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

177A

178

• (1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

• (a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

• (b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

• (c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.

• (2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part IX — Functions

General

179

• (1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—

• (a) public general Acts passed before, or during the same session as, this Act; and

• (b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;

and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

• (2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.

• (3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.

• (4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—

• (a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and

• (b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.

The environment

180

• (1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—

• (a) for a district, be the district council;

• (b) for a London borough, be the borough council;

• (c) for the City, be the Common Council;

• (d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;

• (e) for a Welsh county or county borough, be the county council or county borough council;

but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.

• (2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.

• (3) This section applies to the following enactments:—

• (a) the Public Health Acts 1875 to 1925;

• (b) the Alkali, &c. Works Regulation Act 1906;

• (c) the Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;

• (d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953;

• (e) Part XIII of the Mines and Quarries Act 1954;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) section 1 of the Noise Abatement Act 1960;

• (h) the Public Health Act 1961, except so much of it as falls within section 181(2) below;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) section 6 of the Chronically Sick and Disabled Persons Act 1970.

• (4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

181

• (1) For the purposes of the following enactments, that is to say—

• (a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;