Local Government Act 1972

• (f) a fire and rescue authority 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.

• (g) the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.

• (h) a Mayoral development corporation.

• (2) A joint board or joint committee falls within this subsection if—

• (a) it is constituted under any enactment as a body corporate; and

• (b) it discharges functions of two or more principal councils;

and for the purposes of this subsection any body falling within paragraph (a), (b)..., (bc), (bd) or (c) of subsection (1) above shall be treated as a principal council.

• (2A) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—

• (a) is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and

• (b) in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.

• (2B) In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—

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

• (b) the Common Council other than in its capacity as a local authority or police authority;

• (c) a joint board or a joint committee falling within subsection (2) above;

• (d) the Homes and Communities Agency; or

• (e) a Mayoral development corporation.

• (3) In its application by virtue of subsection (1) above in relation to a body falling within paragraph . . . , (b), ... ...(bc), (bd), (be), (bf), (cc), (cd), (d)... . . . , (f) or (h) of that subsection, section 100A (6)(a) above shall have effect with the insertion after the word “council” of the words “ and, if the meeting is to be held at premises other than those offices, at those premises ”.

• (3YA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100E(3) has effect as if for paragraph (bb) there were substituted—

(bb) a committee of Transport for London (with “committee”, in relation to Transport for London, here having the same meaning as in Schedule 10 to the Greater London Authority Act 1999); or

• (3ZA) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—

• (a) in subsection (2), paragraph (c) was omitted, and

• (b) in subsection (3), for paragraphs (a) to (c) there were substituted—

(a) a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or (b) a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose.

• (3ZAA) In its application by virtue of subsection (1)(h) above in relation to a Mayoral development corporation, section 100E(3) has effect as if for paragraphs (a) to (c) there were substituted—

(a) a committee which is established under Schedule 21 to the Localism Act 2011 by a principal council, or (b) a sub-committee established under that Schedule by a committee within paragraph (a).

• (3ZB) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.

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

• (4) In its application by virtue of subsection (1) above, section 100G(1)(a) above shall have effect—

• (a) in relation to a joint authority ... , a sub-national transport body, an economic prosperity board, , a combined authority or a combined county authority ... ... , with the substitution for the words after “together with” of the words “the name or description of the body or other person that appointed him ”; and

• (aa) in relation to the Broads Authority or its Navigation Committee or any National Park authority, with the substitution for the words after “together with” of the words “the name of the person who appointed him ”; and

• (b) in relation to a Mayoral development corporation, or joint board or joint committee falling within subsection (2) above, with the omission of the words after “for the time being”; and

• (c) in relation to a fire and rescue authority falling within subsection (1)(f) above, with the substitution for the words , in the case of a councillor, the“ward or division” of the words “ theconstituent area ”.

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

• (4AA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100G shall have effect—

• (a) with the substitution for subsection (1)(a) and (b) of—

(a) the name of every member of the council for the time being; and (b) the name of every member of each committee or sub-committee of the council for the time being.

, and

• (b) with the insertion in subsection (2)(b) after “exercisable” of “, but not an officer by whom such a power is exercisable at least partly as a result of sub-delegation by any officer”.

• (4AB) References to a principal council in Wales in this Part include—

• (a) a National Park authority for a National Park in Wales;

• (b) a fire and rescue authority for an area in Wales;

• (c) a joint board or joint committee which falls within subsection (2) and which discharges functions of two or more principal councils in Wales.

• (4B) In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.

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

100K

• (1) In this Part—

• “committee or sub-committee of a principal council” shall be construed in accordance with section 100E(3) above (and see section 100J(3YA), (3ZA)(b) and (3ZAA) above);

• “constituent principal council” shall be construed in accordance with section 100E(4) above;

• “copy”, in relation to any document, includes a copy made from a copy;

• “exempt information” has the meaning given by section 100I above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

• (a) a news agency which systematically carries on the business of selling and supplying reports or information to news-papers; and

• (b) any organisation which is systematically engaged in collecting news—

• (i) for sound or television broadcasts; or

• (ii) for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

• (1A) In this Part references to a meeting of a principal council in Wales held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).

• (2) Any reference in this Part to a meeting is a reference to a meeting held after 1st April 1986

• (3) The Secretary of State may by order amend sections 100A(6)(a) and (aa) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.

• (4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part VI — Discharge of Functions

Arrangements for discharge of functions by local authorities.

101

• (1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

• (a) by a committee, a sub-committee or an officer of the authority; or

• (b) by any other local authority.

• (1A) A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.

• (1B) Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—

• (a) the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or

• (b) the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.

• (1C) Subsections (1A) and (1B) above do not affect arrangements made by virtue of section 9EA or 19 of the Local Government Act 2000 (discharge of functions of and by another authority).

• (1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

• (1E) In subsection (1D) “mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.

• (1F) A combined county authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

• (1G) In subsection (1F) “mayoral function” has the meaning given by section 41(8) of the Levelling-up and Regeneration Act 2023.

• (2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

• (3) Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.

• (4) Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.

• (5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

• (a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

• (b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

• (5A) Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.

• (5B) Subsection (5A) above does not affect arrangements made by virtue of section 9EB or 20 of the Local Government Act 2000 (joint exercise of functions).

• (5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority or combined county authority.

• (5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of—

• (a) section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions) , or

• (b) section 32 of the Levelling-up and Regeneration Act 2023 (joint exercise of general functions).

• (5E) In subsection (5C), “general functions”—

• (a) in relation to a combined authority, has the meaning given in section 107D(2) of the Local Democracy, Economic Development and Construction Act 2009;

• (b) in relation to a combined county authority, has the meaning given in section 30(2) of the Levelling-up and Regeneration Act 2023.

• (6) A local authority’s functions with respect to levying, or issuing a precept for, a rate ... shall be discharged only by the authority.

• (6A) Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).

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

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

• (8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—

• (a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

• (b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

• (9) The following enactments, that is to say—

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

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

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

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

are exempted from subsection (8) above.

• (10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

• (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

• (13) In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, ...any joint authority ..., an economic prosperity board, a combined authority, a combined county authority, a sub-national transport body, ... ..., a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

• (13A) In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.

• (14) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

• (15) Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).

102

• (1) For the purpose of discharging any functions in pursuance of arrangements made under section 101 above or section 53 of the Children Act 1989—

• (a) a local authority may appoint a committee of the authority; or

• (b) two or more local authorities may appoint a joint committee of those authorities; or

• (c) any such committee may appoint one or more sub-committees.

• (1A) For the purpose of discharging any function in pursuance of arrangements made under section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) of the Local Government Act 2000 or under regulations made under section 18 of that Act (discharge of functions by area committees)—

• (a) a local authority may appoint a committee of the authority; or

• (b) any such committee may appoint one or more sub-committees.

• (2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) or (1A) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

• (3) A committee appointed under subsection (1) or (1A) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, . . .

• (4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities , or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive, on any matter relating to the discharge of their functions, and any such committee—

• (a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

• (b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

• (5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

• (6) Subsection (7) applies in relation to—

• (a) a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,

• (b) a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or

• (c) a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.

• (7) A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.

• (8) If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—

• (a) consider the request,

• (b) give reasons for their decision to agree to or refuse the request, and

• (c) publish those reasons in such manner as they think appropriate.

• (9) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee described in subsection (6) only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.

• (10) Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—

• (a) a committee or sub-committee appointed by a local authority,

• (b) a joint committee appointed by two or more local authorities, or

• (c) a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.

• (11) For those purposes “relevant police and crime commissioner” means a police and crime commissioner—

• (a) whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or

• (b) all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.

103

The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—

• (a) in any case in which those authorities are the councils of parishes or groups of parishes situated in the same district, by the district council;

• (aa) in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area; and

• (b) in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.

104

• (1) Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

• (2) A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, . . . or other educational institution maintained or assisted by a local authority be disqualified for being a member of any committee of any local authority—

• (a) appointed wholly or partly for the purpose of discharging any education functions as defined in section 579(1) of the Education Act 1996; or

• (b) appointed for purposes connected with the execution of the Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

• (3) Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

• (4) In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

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

105

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

106

Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

107

• (1) In their application to the Common Council as police authority, sections 101 to 106 shall have effect subject to the following provisions of this section (and in those provisions references to the Common Council are references to the Council as police authority).

• (2) ... Section 101(1)(b) and (3) above shall not apply to the Common Council.

• (2A) The Common Council may not, under section 101(1)(a), arrange for any person to exercise a function that the Common Council has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision).

• (3) The officers who may discharge the functions of the Common Council in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed by the Common Council.

• (3A) Where pursuant to arrangements made by virtue of subsection (3) above—

• (a) a chief officer of police, or

• (b) the deputy of a chief officer of police,

may discharge functions of the Common Council, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the Common Council but is not under the Common Council's direction and control.

• (3B) Section 101 above, in its application to the Common Council, shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of the Common Council.

• (4) The Secretary of State may by regulations make provision regulating the power of the Common Council under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of the Common Council as respects part only of their area.

• (4A) Regulations under subsection (4) may in particular—

• (a) impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;

• (b) make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;

• (c) impose limitations or restrictions on which officers or members of the Common Council may discharge functions under such arrangements.

• (4B) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Section 101(10) above shall not apply to the Common Council.

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

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

• (8) A person shall not be disqualified by virtue of section 104 above for being a member of the Common Council or the committee (or any sub-committee) of the Common Council by virtue of his holding any office or employment, except employment by the Common Council.

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

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

In a parish not having a separate parish council the parish meeting may, subject to any provisons made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.

109

• (1) On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.

• (2) Two copies of every order made under this section shall be sent by the district council to the Secretary of State.

110

Part VII — Miscellaneous Powers of Local Authorities

Subsidiary powers

Subsidiary powers of local authorities.

111

• (1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

• (2) For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

• (3) A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

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

Staff

112

• (1) Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority’s functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

• (2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

• (2A) A local authority's power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement) ....

• (3) Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

• (4) Subsection (3) above does not apply to the following officers, that is to say—

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

• (b) chief education officers appointed under section 532 of the Education Act 1996;

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

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the Agriculture Act 1970; and

• (g) directors of social services appointed under section 6 of the Local Authority Social Services Act 1970 or section 144 of the Social Services and Well-being (Wales) Act 2014;

and it is hereby declared that subsection (3) above does not apply ... to any other person appointed by a local authority to perform a specified function.

• (5) Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

• (6) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

113

• (1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

• (1A) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... a Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority, ... , NHS trust or NHS foundation trust—

• (a) for the placing at the disposal of the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... the Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority , NHS trust or NHS foundation trust for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the local authority;

• (b) for the placing at the disposal of the local authority for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the National Institute for Health and Care Excellence, the Secretary of State, NHS England, ... the Strategic Health Authority, Local Health Board, integrated care board, Special Health Authority , NHS trust or NHS foundation trust;

but a local authority shall not enter into an agreement in pursuance of paragraph (a) of this subsection in respect of any officer without consulting him.

• (2) For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

• (3) An officer whose services are placed at the disposal of a local authority in pursuance of subsection (1A) of this section shall be treated as an officer of the authority for the purposes of any enactment relating to the discharge of local authorities’ functions.

• (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.

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• (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.