LegalizeReform history
Local Government Act 1972
100 versions
· 1972-10-26
2026-04-14
Local Government Act 1972
2026-03-26
Local Government Act 1972
2026-03-25
Local Government Act 1972
2026-03-10
Local Government Act 1972
2026-02-27
Local Government Act 1972
2026-02-24
Local Government Act 1972
2026-02-20
Local Government Act 1972
2025-12-15
Local Government Act 1972
2025-11-27
Local Government Act 1972
2025-09-19
Local Government Act 1972
2025-09-12
Local Government Act 1972
2025-09-10
Local Government Act 1972
2025-04-24
Local Government Act 1972
2025-04-15
Local Government Act 1972
2025-03-04
Local Government Act 1972
2025-02-05
Local Government Act 1972
2024-11-09
Local Government Act 1972
2024-06-25
Local Government Act 1972
2024-05-07
Local Government Act 1972
2024-03-21
Local Government Act 1972
2024-02-28
Local Government Act 1972
2024-02-07
Local Government Act 1972
2023-12-26
Local Government Act 1972
2023-12-20
Local Government Act 1972
2023-08-04
Local Government Act 1972
2023-07-14
Local Government Act 1972
2023-07-12
Local Government Act 1972
2023-04-01
Local Government Act 1972
2022-07-15
Local Government Act 1972
2022-06-28
Local Government Act 1972
2022-05-05
Local Government Act 1972
2022-04-28
Local Government Act 1972
2022-04-21
Local Government Act 1972
Changes on 2022-04-21
@@ -4,7 +4,7 @@
### New local government areas
#### New local government areas in England.
#### Constitution of principal councils in England.
##### 1
@@ -312,7 +312,7 @@
- (b) in the case of separation of one or more parishes from the group, each parish that is separated.
#### Provision supplementary to sections 9 to 11.
#### Parishes: alternative styles
##### 12
@@ -1202,7 +1202,7 @@
### Qualifications and disqualifications
#### Consultation with community councils.
#### Principal council's response to a community poll
##### 79
@@ -1292,7 +1292,7 @@
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government Boundary Commission for Wales.
##### 81
@@ -2801,1048 +2801,1048 @@
### 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
.
- (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 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) or (1ZF) below, a joint authority, an economic prosperity board, a combined 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).
- (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 or community meeting.
##### 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 or anybody 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, and a combined 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;
- (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water;
- (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;
- (d) the Water Acts 1945 and 1948 and the Water Act 1958;
the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council.
- (2) For the purposes of the following enactments, that is to say—
- (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
- (b) the Public Health (Drainage of Trade Premises) Act 1937;
- (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;
- (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961;
the local authority shall for any area outside Greater London be the district council.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—
- (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
- (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.
- (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.
- (11) In this section—
- “*sewerage functions*” means functions under any of the enactments mentioned in subsection (2) above; and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 182
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In that Schedule—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 183
##### 184
- (1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall—
- (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and
- (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below.
- (2) The following of the said functions, that is to say those conferred by—
- (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
- (b) sections 12(5), 13 and 14 of the said Act of 1968;
shall, subject to subsection (3) below . . ., be functions of the county planning authority.
- (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.
- (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities.
- (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.
- (8) In that Schedule “*the 1949 Act*” and “*the 1968 Act*” mean the said Acts of 1949 and 1968 respectively.
##### 185
- (1) In the Town Development Act 1952 (in this section referred to as “*the principal Act*”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—
- (a) amendments consequential on this Part of this Act, and
- (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).
- (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.
#### Exempt information and power to vary Schedule 12A.
##### 186
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—
- (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
- (b) may, if they think fit, determine that any such charges shall no longer be made;
and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.
- (7) In subsection (6) above, “*local authority*” includes any existing county borough or county district council and the Common Council.
##### 187
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have—
- (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 188
##### 189
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—
- (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
- (b) with respect to a green or land in a community where there is a community council, as references to the community council;
- (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;
and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.
- (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.
#### Interpretation and application of Part VA.
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appointment of staff.
##### 191
- (1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “*the 1841 Act*”) shall have effect subject to the following modifications.
- (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) References, in whatever terms, in the 1841 Act—
- (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and
- (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council).
- (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.
### Education, social and welfare services
##### 192
##### 193
##### 195
- (1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as “*the Act of 1970*”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.
- (2) In a non-metropolitan county in England each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.
- (3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—
- (a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and
- (b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),
shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, . . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.
- (4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.
- (5) Any scheme or regional plan made by a children’s regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.
- (6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—
- (a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and
- (b) to give effect to subsection (3) above, as it affects those authorities.
- (7) In section 64(1) of the National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.
### Miscellaneous functions
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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
.
- (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 196
##### 197
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 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) or (1ZF) below, a joint authority, an economic prosperity board, a combined 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).
- (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 . . .
- (5) In section 10 of the Fire Services Act 1947, as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”. . .
#### Powers of principal councils with respect to emergencies or disasters.
##### 198
##### 200
##### 201
##### 202
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . ., Part II of the Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—
- (a) to assimilate in certain respects the provisions of the said Part II to those of Part II of the Transport (London) Act 1969;
- (b) to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and
- (c) to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.
- (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 or community meeting.
##### 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 or anybody 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, and a combined 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;
- (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water;
- (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953;
- (d) the Water Acts 1945 and 1948 and the Water Act 1958;
the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council.
- (2) For the purposes of the following enactments, that is to say—
- (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
- (b) the Public Health (Drainage of Trade Premises) Act 1937;
- (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;
- (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953;
- (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961;
the local authority shall for any area outside Greater London be the district council.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—
- (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
- (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.
- (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.
- (11) In this section—
- “*sewerage functions*” means functions under any of the enactments mentioned in subsection (2) above; and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 182
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In that Schedule—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 183
##### 184
- (1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall—
- (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and
- (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below.
- (2) The following of the said functions, that is to say those conferred by—
- (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
- (b) sections 12(5), 13 and 14 of the said Act of 1968;
shall, subject to subsection (3) below . . ., be functions of the county planning authority.
- (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.
- (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities.
- (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.
- (8) In that Schedule “*the 1949 Act*” and “*the 1968 Act*” mean the said Acts of 1949 and 1968 respectively.
##### 185
- (1) In the Town Development Act 1952 (in this section referred to as “*the principal Act*”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—
- (a) amendments consequential on this Part of this Act, and
- (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).
- (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.
#### Exempt information and power to vary Schedule 12A.
##### 186
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—
- (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
- (b) may, if they think fit, determine that any such charges shall no longer be made;
and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.
- (7) In subsection (6) above, “*local authority*” includes any existing county borough or county district council and the Common Council.
##### 187
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have—
- (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 188
##### 189
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—
- (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
- (b) with respect to a green or land in a community where there is a community council, as references to the community council;
- (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;
and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.
- (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.
#### Interpretation and application of Part VA.
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appointment of staff.
##### 191
- (1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “*the 1841 Act*”) shall have effect subject to the following modifications.
- (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) References, in whatever terms, in the 1841 Act—
- (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and
- (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council).
- (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.
### Education, social and welfare services
##### 192
##### 193
##### 195
- (1) Outside Greater London, the local authorities for the purposes of the Local Authority Social Services Act 1970 (in this section referred to as “*the Act of 1970*”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.
- (2) In a non-metropolitan county in England each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.
- (3) The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—
- (a) proposals approved under section 20 of the National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and
- (b) schemes approved under section 34 of the National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),
shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, . . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.
- (4) Any delegation scheme under section 46 of the Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.
- (5) Any scheme or regional plan made by a children’s regional planning committee under the Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.
- (6) The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—
- (a) to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and
- (b) to give effect to subsection (3) above, as it affects those authorities.
- (7) In section 64(1) of the National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.
### Miscellaneous functions
#### Public transport in passenger transport areas.
##### 196
##### 197
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 10 of the Fire Services Act 1947, as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”. . .
#### Powers of principal councils with respect to emergencies or disasters.
##### 198
##### 200
##### 201
##### 202
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . ., Part II of the Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—
- (a) to assimilate in certain respects the provisions of the said Part II to those of Part II of the Transport (London) Act 1969;
- (b) to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and
- (c) to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Expressions used in this section have the same meanings as in the Transport Act 1968.
##### 203
@@ -3899,7 +3899,7 @@
- (k) in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.
#### Repeals.
#### Savings.
##### 209
@@ -15250,1416 +15250,1420 @@
[^M_F_2dfae058-b557-4ac6-9359-4a5cbd8a836e]: S. 140D inserted (25.3.2022) by [The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372)](https://www.legislation.gov.uk/uksi/2022/372), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2022/372/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2022/372/regulation/18)
[^key-97f89d8510916aa9d45d000189108bd6]: S. 101 excluded (W.) (1.4.2022) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 52(3)](https://www.legislation.gov.uk/asc/2021/1/section/52/3), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/231](https://www.legislation.gov.uk/uksi/2021/231), [art. 5](https://www.legislation.gov.uk/uksi/2021/231/article/5)
[^M_F_fc011031-8aed-4f77-ec22-64bcfc76f6a5]: Words in s. 15(6) substituted (1.4.2008 for the purposes of making regulations under s. 16A and otherwise prosp.) by Local Government and Public Involvement in [Health Act 2007 (c. 28)](https://www.legislation.gov.uk/ukpga/2007/28), [ss. 76(2)(b)](https://www.legislation.gov.uk/ukpga/2007/28/section/76/2/b), [245](https://www.legislation.gov.uk/ukpga/2007/28/section/245); [S.I. 2008/917](https://www.legislation.gov.uk/uksi/2008/917), [art. 4](https://www.legislation.gov.uk/uksi/2008/917/article/4)
[^key-af96cc81103988be1e7eaf871d0f8b61]: [S. 236](https://www.legislation.gov.uk/ukpga/1972/70/section/236) applied (21.4.2022) by [Highgate Cemetery Act 2022 (c. i)](https://www.legislation.gov.uk/ukla/2022/1), [ss. 1](https://www.legislation.gov.uk/ukla/2022/1/section/1), [8(5)](https://www.legislation.gov.uk/ukla/2022/1/section/8/5)
#### Accretions from the sea, etc.
#### Local Government Boundary Commission for Wales.
#### Qualifications for election and holding office as member of local authority.
#### Disqualifications for election and holding office as member of a local authority in England.
#### Exceptions to provisions of section 80.
#### Inspection and publication of background papers.
#### Inspection and publication of minutes and other documents after meetings.
#### Temporary appointment of members of parish and community councils.
#### Supplemental provisions and offences.
#### Principal councils to publish additional information.
#### Inspection of records relating to functions exercisable by members
#### Traffic and transportation functions.
#### Interpretation and application of Part VA.
#### Security to be taken in relation to officers.
#### Accountability of officers.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consents to land transactions by local authorities and protection of purchasers.
#### Traffic and transportation functions.
#### Ordnance survey.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public notices.
#### Charities.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to committees and sub-committees.
#### Additional rights of access to documents for members of principal councils.
#### Security to be taken in relation to officers.
#### Interpretation and application of Part VA.
#### Sites for gipsy encampments.
#### Fire services.
#### Local highway authorities and maintenance powers of district councils.
#### Interpretation and application of Part VA.
#### Security to be taken in relation to officers.
#### Accountability of officers.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consents to land transactions by local authorities and protection of purchasers.
#### Traffic and transportation functions.
#### Fire services.
#### Public transport in passenger transport areas.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to direct inquiries.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
- (a) the Companies Acts (as defined in section 2 of the Companies Act 2006);
- (b) the Friendly Societies Act 1974 ;
- (c) the Friendly Societies Act 1992 ;
- (d) the Co-operative and Community Benefit Societies Act 2014;
- (e) the Building Societies Act 1986 ; or
- (f) the Charities Act 2011.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
##### 22
- (1) In Parts 4 and 5 and this Part of this Schedule —
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means —any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*registered*” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to —
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to —
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
##### 23
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.
##### 31
Information falling within paragraph 21 above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
##### 32
Information falling within paragraph 23 above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
##### 33
Information falling within paragraph 25 above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
##### 34
Information falling within any paragraph of Part 4 above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 31 of the Children Act 1989 ;
- “*disposal*”, in relation to property, includes the granting of an interest in or right over it;
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or is being or is about to be committed;
- “*registered*”, in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act);
- “*tender for a contract*” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to—
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to—
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Temporary appointment of members of parish and community councils.
#### Subsidiary powers of local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Public notices.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Public transport in passenger transport areas.
#### Authentication of documents.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public notices.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disqualification for election or being a member of a local authority in Wales
#### Admission to meetings of principal councils.
#### Financial assistance to be conditional on provision of information.
#### Charities.
#### Maintenance of a closed churchyard.
#### Parish councillors.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Inspection of records relating to functions exercisable by members
#### Additional rights of access to documents for members of principal councils.
#### Accountability of officers.
#### Interpretation and application of Part VA.
#### Ordnance survey.
#### Constitution of principal councils in Wales.
#### Election of chairman.
#### Filling of casual vacancies in case of councillors.
#### Charities.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Fire services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Charities.
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
##### 57A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Disposal of land held by parishes and communities.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.
##### 38A
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
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##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
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##### 138A
- (1) The business at a meeting of a local authority in England may include time for—
- (a) prayers or other religious observance, or
- (b) observance connected with a religious or philosophical belief.
- (2) Subsection (1) also applies in relation to meetings of—
- (a) a committee of a local authority in England,
- (b) a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or
- (c) a sub-committee of such a committee or joint committee.
- (3) Subsections (1) and (2) do not limit other powers.
##### 138B
- (1) A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following—
- (a) a religious event,
- (b) an event with a religious element,
- (c) an event connected with a religious or philosophical belief, or
- (d) an event with an element connected with such a belief.
- (2) Subsection (1) does not limit other powers.
- (3) Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised—
- (a) for the purpose of supporting or facilitating any event mentioned in subsection (1), or
- (b) for purposes that include that purpose.
- (4) Subsection (3) does not limit the generality of those powers.
##### 138C
- (1) Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B—
- (a) the London Assembly, but only for the purposes of section 138A;
- (b) the Greater London Authority, but only for the purposes of section 138B;
- (c) the Mayor's Office for Policing and Crime, but only for the purposes of section 138B;
- (d) the London Fire Commissioner but only for the purposes of section 138B;
- (e) Transport for London;
- (f) a Mayoral development corporation;
- (g) the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3);
- (h) the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3);
- (i) the Council of the Isles of Scilly;
- (j) a parish meeting;
- (k) charter trustees constituted—
- (i) under section 246,
- (ii) by the Charter Trustees Regulations 1996 (S.I. 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007;
- (l) a joint authority;
- (m) an economic prosperity board;
- (n) a combined authority;
- (o) a joint waste authority;
- (p) a fire and rescue authority constituted by a scheme—
- (i) under section 2 of the Fire and Rescue Services Act 2004, or
- (ii) to which section 4 of that Act applies;
- (pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;
- (q) the Passenger Transport Executive of an integrated transport area in England;
- (r) an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008;
- (s) a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004;
- (t) a joint board continued in existence by section 263(1);
- (u) a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984;
- (v) a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3);
- (w) an internal drainage board for a district neither wholly nor partly in Wales;
- (x) a police and crime commissioner, but only for the purposes of section 138B;
- (y) a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B.
- (2) Section 138A(2)(a), (b) and (c) apply—
- (a) as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b),
- (b) as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel,
- (c) as if a sub-committee of a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and
- (d) as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b).
- (3) Section 138B applies in relation to the Greater London Authority as follows—
- (a) the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and
- (b) section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly.
- (4) The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1).
- (5) The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1).
- (6) Subsections (4) and (5) do not limit other powers.
- (7) An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England—
- (a) for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and
- (b) for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.
##### 6ZA
- (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.
- (2) Sub-paragraph (1) applies—
- (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and
- (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
- (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council 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.
- (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—
- (a) paragraph 3(2);
- (b) paragraph 4(1A);
- (c) paragraph 5(3);
- (d) paragraph 6;
- (e) paragraph 39;
- (f) paragraph 40;
- (g) paragraph 41(3);
- (h) paragraph 43.
- (5) In this paragraph “*relevant police and crime commissioner*”, in relation to a principal council, means a police and crime commissioner—
- (a) whose area is the same as, or contains all of, the area of the principal council, or
- (b) all or part of whose area falls within the area of the principal council.
##### 36A
- (1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct.
- (2) Regulations under sub-paragraph (1) may, in particular, include provision about—
- (a) arrangements relating to the holding of community meetings attended by persons who are not in the same place;
- (b) the convening of community meetings;
- (c) the production, publication, dissemination and content of notices of community meetings;
- (d) the recording of decisions made at community meetings;
- (e) the functions of principal councils and community councils in relation to community meetings;
- (f) eligibility to attend and to vote at community meetings.
- (3) Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)).
- (4) A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
##### 36BA
principal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.
##### 100BA
- (1) Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published—
- (a) electronically, and
- (b) in accordance with subsections (3) to (5).
- (2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public.
- (3) A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened.
- (4) If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda.
- (5) Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council.
- (6) An item of business may not be considered at a meeting of a principal council in Wales unless either—
- (a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or
- (b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
- (7) Where the whole or part of a report is excluded under subsection (2)—
- (a) every copy of the report or of the part must be marked “Not for publication”, and
- (b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.
- (8) Where a meeting of a principal council in Wales—
- (a) is required by section 100A to be open to the public during the proceedings or part of them, and
- (b) is not held through remote means only,
there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.
- (9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
- (a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,
- (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and
- (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.
- (10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).
##### 26ZA
- (1) As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—
- (a) the names of the members who attended the meeting, and any apologies for absence;
- (b) any declarations of interest;
- (c) any decision taken at the meeting, including the outcomes of any votes.
- (2) The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply—
- (a) in relation to a decision relating to business which was transacted in private, or
- (b) where disclosure of the information would be contrary to any enactment.
##### 80A
- (1) A person is disqualified for being elected or being a member of a local authority in Wales if—
- (a) the person is the subject of—
- (i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;
- (ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;
- (b) the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);
- (c) the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;
- (d) the person has a relevant criminal conviction.
- (2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.
- (3) A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—
- (a) an appeal or application in respect of the conviction or finding to which the notification requirements relate;
- (b) an appeal in respect of the order.
- (4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.
- (5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.
- (6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.
##### 80B
- (1) A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).
- (2) A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.
- (3) Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.
- (4) The resignation terminates the holding of the paid office or employment with immediate effect.
- (5) Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.
- (6) Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.
- (7) This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).
##### 80C
- (1) For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—
- (a) the local authority to which the person was elected a member;
- (b) a committee or sub-committee of the local authority;
- (c) a joint committee or National Park authority on which the local authority is represented; ...
- (ca) a corporate joint committee established in relation to the area of the local authority; or
- (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) ,(c) or (ca).
- (2) But a relevant paid office or employment in subsection (1) does not include the office of—
- (a) chairman, vice-chairman, presiding member or deputy presiding member, or
- (b) in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
- (3) Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.
- (4) Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—
- (a) a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or
- (b) a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,
section 80B applies in respect of the person's membership of local authority B.
- (5) For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.
##### 116A
A member of a local authority in Wales is disqualified for being appointed or elected by that authority to any paid office other than the office of chairman, vice-chairman, or in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
#### Exempt information and power to vary Schedule 12A.
#### Arrangements for discharge of functions by local authorities.
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#### Service of notices by local authorities.
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#### Power to direct inquiries.
#### Savings.
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#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
- (a) the Companies Acts (as defined in section 2 of the Companies Act 2006);
- (b) the Friendly Societies Act 1974 ;
- (c) the Friendly Societies Act 1992 ;
- (d) the Co-operative and Community Benefit Societies Act 2014;
- (e) the Building Societies Act 1986 ; or
- (f) the Charities Act 2011.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
##### 22
- (1) In Parts 4 and 5 and this Part of this Schedule —
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means —any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*registered*” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to —
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to —
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
##### 23
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.
##### 31
Information falling within paragraph 21 above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
##### 32
Information falling within paragraph 23 above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
##### 33
Information falling within paragraph 25 above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
##### 34
Information falling within any paragraph of Part 4 above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 31 of the Children Act 1989 ;
- “*disposal*”, in relation to property, includes the granting of an interest in or right over it;
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or is being or is about to be committed;
- “*registered*”, in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act);
- “*tender for a contract*” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to—
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to—
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Appointment of staff.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Public notices.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Public transport in passenger transport areas.
#### Authentication of documents.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disqualification for being a member of a local authority in Wales and holding local office or employment
#### Admission to meetings of principal councils.
#### Powers of principal councils with respect to emergencies or disasters.
#### Charities.
#### Parish councillors.
#### Appointed councillors
#### New principal local government areas in Wales.
#### Chairman.
#### Filling of casual vacancy in case of chairman, etc.
#### Charities.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
##### 57A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Consents to land transactions by local authorities and protection of purchasers.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.
##### 38A
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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##### 138A
- (1) The business at a meeting of a local authority in England may include time for—
- (a) prayers or other religious observance, or
- (b) observance connected with a religious or philosophical belief.
- (2) Subsection (1) also applies in relation to meetings of—
- (a) a committee of a local authority in England,
- (b) a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or
- (c) a sub-committee of such a committee or joint committee.
- (3) Subsections (1) and (2) do not limit other powers.
##### 138B
- (1) A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following—
- (a) a religious event,
- (b) an event with a religious element,
- (c) an event connected with a religious or philosophical belief, or
- (d) an event with an element connected with such a belief.
- (2) Subsection (1) does not limit other powers.
- (3) Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised—
- (a) for the purpose of supporting or facilitating any event mentioned in subsection (1), or
- (b) for purposes that include that purpose.
- (4) Subsection (3) does not limit the generality of those powers.
##### 138C
- (1) Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B—
- (a) the London Assembly, but only for the purposes of section 138A;
- (b) the Greater London Authority, but only for the purposes of section 138B;
- (c) the Mayor's Office for Policing and Crime, but only for the purposes of section 138B;
- (d) the London Fire Commissioner but only for the purposes of section 138B;
- (e) Transport for London;
- (f) a Mayoral development corporation;
- (g) the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3);
- (h) the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3);
- (i) the Council of the Isles of Scilly;
- (j) a parish meeting;
- (k) charter trustees constituted—
- (i) under section 246,
- (ii) by the Charter Trustees Regulations 1996 (S.I. 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007;
- (l) a joint authority;
- (m) an economic prosperity board;
- (n) a combined authority;
- (o) a joint waste authority;
- (p) a fire and rescue authority constituted by a scheme—
- (i) under section 2 of the Fire and Rescue Services Act 2004, or
- (ii) to which section 4 of that Act applies;
- (pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;
- (q) the Passenger Transport Executive of an integrated transport area in England;
- (r) an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008;
- (s) a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004;
- (t) a joint board continued in existence by section 263(1);
- (u) a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984;
- (v) a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3);
- (w) an internal drainage board for a district neither wholly nor partly in Wales;
- (x) a police and crime commissioner, but only for the purposes of section 138B;
- (y) a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B.
- (2) Section 138A(2)(a), (b) and (c) apply—
- (a) as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b),
- (b) as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel,
- (c) as if a sub-committee of a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and
- (d) as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b).
- (3) Section 138B applies in relation to the Greater London Authority as follows—
- (a) the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and
- (b) section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly.
- (4) The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1).
- (5) The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1).
- (6) Subsections (4) and (5) do not limit other powers.
- (7) An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England—
- (a) for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and
- (b) for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.
##### 6ZA
- (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.
- (2) Sub-paragraph (1) applies—
- (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and
- (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
- (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council 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.
- (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—
- (a) paragraph 3(2);
- (b) paragraph 4(1A);
- (c) paragraph 5(3);
- (d) paragraph 6;
- (e) paragraph 39;
- (f) paragraph 40;
- (g) paragraph 41(3);
- (h) paragraph 43.
- (5) In this paragraph “*relevant police and crime commissioner*”, in relation to a principal council, means a police and crime commissioner—
- (a) whose area is the same as, or contains all of, the area of the principal council, or
- (b) all or part of whose area falls within the area of the principal council.
##### 36A
- (1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct.
- (2) Regulations under sub-paragraph (1) may, in particular, include provision about—
- (a) arrangements relating to the holding of community meetings attended by persons who are not in the same place;
- (b) the convening of community meetings;
- (c) the production, publication, dissemination and content of notices of community meetings;
- (d) the recording of decisions made at community meetings;
- (e) the functions of principal councils and community councils in relation to community meetings;
- (f) eligibility to attend and to vote at community meetings.
- (3) Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)).
- (4) A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
##### 36BA
principal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.
##### 100BA
- (1) Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published—
- (a) electronically, and
- (b) in accordance with subsections (3) to (5).
- (2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public.
- (3) A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened.
- (4) If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda.
- (5) Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council.
- (6) An item of business may not be considered at a meeting of a principal council in Wales unless either—
- (a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or
- (b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
- (7) Where the whole or part of a report is excluded under subsection (2)—
- (a) every copy of the report or of the part must be marked “Not for publication”, and
- (b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.
- (8) Where a meeting of a principal council in Wales—
- (a) is required by section 100A to be open to the public during the proceedings or part of them, and
- (b) is not held through remote means only,
there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.
- (9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
- (a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,
- (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and
- (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.
- (10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).
##### 26ZA
- (1) As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—
- (a) the names of the members who attended the meeting, and any apologies for absence;
- (b) any declarations of interest;
- (c) any decision taken at the meeting, including the outcomes of any votes.
- (2) The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply—
- (a) in relation to a decision relating to business which was transacted in private, or
- (b) where disclosure of the information would be contrary to any enactment.
##### 80A
- (1) A person is disqualified for being elected or being a member of a local authority in Wales if—
- (a) the person is the subject of—
- (i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;
- (ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;
- (b) the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);
- (c) the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;
- (d) the person has a relevant criminal conviction.
- (2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.
- (3) A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—
- (a) an appeal or application in respect of the conviction or finding to which the notification requirements relate;
- (b) an appeal in respect of the order.
- (4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.
- (5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.
- (6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.
##### 80B
- (1) A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).
- (2) A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.
- (3) Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.
- (4) The resignation terminates the holding of the paid office or employment with immediate effect.
- (5) Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.
- (6) Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.
- (7) This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).
##### 80C
- (1) For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—
- (a) the local authority to which the person was elected a member;
- (b) a committee or sub-committee of the local authority;
- (c) a joint committee or National Park authority on which the local authority is represented; ...
- (ca) a corporate joint committee established in relation to the area of the local authority; or
- (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) ,(c) or (ca).
- (2) But a relevant paid office or employment in subsection (1) does not include the office of—
- (a) chairman, vice-chairman, presiding member or deputy presiding member, or
- (b) in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
- (3) Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.
- (4) Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—
- (a) a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or
- (b) a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,
section 80B applies in respect of the person's membership of local authority B.
- (5) For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.
##### 116A
A member of a local authority in Wales is disqualified for being appointed or elected by that authority to any paid office other than the office of chairman, vice-chairman, or in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
#### Application to new authorities, Common Council, etc.
#### Appointment of committees.
#### Principal councils’ funds and accounts.
#### Authentication of documents.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140D
Sections 140, 140A and 140C (apart from subsection (4) of that section) apply to a corporate joint committee as they apply to a local authority.
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Text at this date