Local Government, Planning and Land Act 1980

Part I — Local Government—Relaxation of Controls

Amendments relating to allowances to members of local authorities and other bodies.

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• (1) So much of the provisions mentioned in Schedule 1 to this Act—

• (a) as makes the exercise of any power of a local authority subject—

• (i) to a right of appeal to a Minister; or

• (ii) to the provisions of regulations made by a Minister; or

• (b) as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

• (c) as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

• (2) The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

• (a) the powers of the Secretary of State and the Treasury to supervise local authorities, . . . and river purification authorities in the discharge of their functions relating to clean air and pollution ; and

• (b) the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

• (3) The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

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

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

• (6) The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

• (7) The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

• (8) The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

Part II — Publication of Information by Local Authorities

Certification of appropriate alternative development.

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• (1) The authorities to whom this section applies are—

• (a) a county council;

• (aa) a county borough council;

• (b) a district council;

• (ba) a parish council;

• (bb) a parish meeting of a parish which does not have a separate parish council;

• (bc) a community council;

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

• (d) a London borough council;

• (e) the Common Council of the City of London;

• (f) the Council of the Isles of Scilly;

• (g) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

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

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

• (hb) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

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

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ka) a joint authority established by Part IV of the Local Government Act 1985;

• (kaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (kab) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (kac) a combined authority established under section 103 of that Act;

• (kad) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (kb) the London Fire Commissioner;

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

; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value) ....

• (1A) This section also applies to an authority which—

• (a) is not within subsection (1) above;

• (b) is not within section 4(4) below; and

• (c) is, or is treated as, a smaller authority for the purposes of section 5 of the Local Audit and Accountability Act 2014 (modification of that Act in relation to smaller authorities).

• (2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

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

• (4) A code may be prepared either by the Secretary of State or by some other person at his request.

• (5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

• (6) A code may specify—

• (a) that publication be made in periodical reports or in any other specified manner;

• (b) the occasions on which such publication is to made; and

• (c) the form which such publication is to take.

• (7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

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

• (aa) its dispatch with, or inclusion in—

• (i) a demand note for payment of rates issued under section 237(1) of the Local Government (Scotland) Act 1947; or

• (ii) a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992

• (b) its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with section 3 of the Local Audit and Accountability Act 2014 or regulations under section 39 of the Public Audit (Wales) Act 2004 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or

• (c) its being made available for inspection by members of the public at an authority’s office or elsewhere.

• (8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

• (9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

• (10) More than one code may be issued under this section, and different codes may deal with—

• (a) different classes of information;

• (b) different kinds of authority or the same kind of authority in different circumstances or different areas ;

• (c) different manners, forms or occasions of publication.

• (11) A code issued under this section applies to an authority within subsection (1A) above only in respect of information relating to a financial year during which the authority was within that subsection.

• (12) A function under this section or section 3 below that is expressed to be exercisable by the Secretary of State is exercisable by the Secretary of State (and not the Welsh Ministers) in relation to a person or body that—

• (a) is within subsection (1A), and

• (b) exercises functions in relation to an area that is partly in England and partly in Wales.

Supplementary provisions relating to codes of practice on publication of information

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• (1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

• (2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

• (3) Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

• (4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

• (a) the information is of a description to which this subsection applies; and

• (b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

• (5) The descriptions of information to which subsection (4) above applies are—

• (a) information about the discharge of authorities’ functions relating to housing or land;

• (b) information about the number of their employees or the number of any description of their employees; and

• (c) information about the determination of applications for planning permission under the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1997.

• (6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

• (7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

• (8) The power to make any such regulations or order shall be exercisable by statutory instrument.

• (9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

• (11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

• (12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Power to direct bodies to publish information

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• (1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

• (2) Different directions may be given to bodies of the same description in different areas.

• (3) A direction under this section may specify—

• (a) the manner in which information is to be published;

• (b) the occasions on which such publication is to be made; and

• (c) the form which such publication is to take.

• (4) The bodies and descriptions of bodies mentioned in subsection (1) above are—

• (a) development corporations established under the New Towns Act 1981 or the New Towns (Scotland) Act 1968;

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

• (c) water authorities;

• (d) urban development corporations within the meaning of Part XVI of this Act;

• (e) Passenger Transport Executives . . .

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

• (g) district councils or Welsh county councils or county borough councils carrying on road passenger transport undertakings.

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

• (5A) In this section “the relevant Minister” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food

• (6) Subject to subsection(5A) above, in this section “the relevant Minister " means the Secretary of State.

• (7) A direction given to a . . .council under this section may only relate to its road passenger transport undertaking.

Part III — Direct Labour Organisations

Works Contracts

Meaning of " works contract"

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Regulation of works contracts

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Limitations on power to enter into works contracts

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Functional work

Meaning of " functional work "

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Regulation of functional work

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Accounting Provisions

Accounts relating to construction or maintenance work

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Exemption from requirement to keep separate accounts under section 10

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Contents of accounts relating to construction or maintenance work

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Annual balance sheet etc.

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Accounts under section 10 and other local authority accounts

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Financial provisions

Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.

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General financial duty: treatment of deficits

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Rates of return: powers of Secretary of State

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Supplementary

Annual reports on construction or maintenance work

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Application to joint committees

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General

Interpretation of Part III

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Exemption of small direct labour organisations from requirements of Part III

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Consequential repeal or amendment of local statutory provisions

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Part III-supplementary

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Part IV — Local Government Allowances

Right of councillor to opt for financial loss allowance

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• (1) In section 173 of the Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words “unless a notice under section 173A below is effective in relation to him".

• (2) The following section shall be inserted after that section:—

(173A) (1) If a councillor gives notice in writing to the local authority 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 local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be enititled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after giving of the notice. (4) If a councillor who has not given the local authority a financial loss allowance ntoice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the perofrmance of any approved duty performed not earlier than the beginning of that financial year. (5) A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first. (6) If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.

• (3) This section does not extend to Scotland.

Amendments relating to allowances to members of local authorities and other bodies

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