Reform history
Local Government (Interim Provisions) Act 1984 (repealed)
2 versions
· 1984-07-31
2004-07-22
Local Government (Interim Provisions) Act 1984 (repealed)
Changes on 2004-07-22
@@ -1,20 +1,12 @@
# Local Government (Interim Provisions) Act 1984 (repealed)
## PART I — Preliminary
## Part I
#### Commencement and termination of interim provisions.
##### 1
- (1) Part II of this Act shall not come into force until such day as may be appointed by an order made by the Secretary of State.
- (2) The Secretary of State may by order repeal Parts II to IV of this Act (other than sections 6(3) and 13(1)); and if such an order is made any enactment repealed by this Act shall revive on the coming into force of the order.
- (3) An order under subsection (2) above may contain such transitional and supplementary provisions as the Secretary of State thinks necessary or expedient, including provisions modifying the Local Government Act 1972 (in this Act referred to as “the principal Act”) or the Representation of the People Act 1983.
- (4) The power to make orders under this section shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
## PART II — Interim Composition of Greater London Council and Metropolitan County Councils
## Part II
#### Suspension of elections and extension of terms of office.
@@ -42,65 +34,25 @@
- (2) The power to make orders under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
## PART III — Staff Commission
## Part III — Staff Commission
#### Establishment and functions of staff commission.
##### 4
- (1) The Secretary of State, after consulting such bodies representative of relevant authorities or of staff employed by them as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for the purpose of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (a) advising the Secretary of State on the steps necessary to safeguard the interests of the staff employed by relevant authorities; and
- (b) considering and keeping under review—
- (i) the arrangements for the recruitment of staff by those authorities; and
- (ii) the arrangements for any transfer of staff employed by them in the event of Parliament approving any transfer of functions to which this section applies.
- (2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to—
- (a) the furnishing of any information requested, and the implementation of any advice given, by the commission; and
- (b) the payment by a relevant authority of any expenses incurred by the commission in doing anything requested by the authority;
and it shall be the duty of the commission and of a relevant authority to comply with any direction given to it under this subsection.
- (3) Any expenses incurred by the staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State.
- (4) The relevant authorities for the purposes of this section are—
- (a) the Greater London Council, the London borough councils and the Common Council;
- (b) metropolitan county councils and metropolitan district councils;
and this section applies, in relation to authorities within paragraph (a) above, to any transfer of functions from the Greater London Council to the London borough councils, to the Common Council or to any other body and, in relation to authorities within paragraph (b) above, to any transfer of functions from metropolitan county councils to metropolitan district councils or to any other body.
## PART IV — Miscellaneous and Supplementary
## Part IV — Miscellaneous and Supplementary
#### Information in connection with proposals for abolition of authorities.
##### 5
- (1) This section has effect for the purpose of facilitating the formulation and, in the event of their being approved by Parliament, the implementation of proposals—
- (a) for the abolition of the Greater London Council and the transfer of functions from that Council to the London borough councils, to the Common Council or to any other body;
- (b) for the abolition of the metropolitan county councils and the transfer of functions from those councils to metropolitan district councils or to any other body.
- (2) The Greater London Council and its officers shall furnish the Secretary of State, any London borough council and the Common Council with all such information relating to the Greater London Council or its functions as the Secretary of State or that London borough council or the Common Council may request.
- (3) Each metropolitan county council and its officers shall furnish the Secretary of State and the council of each metropolitan district comprised in the county with all such information relating to the metropolitan county council or its functions as the Secretary of State or the council of that metropolitan district may request.
#### Postponement of exercise of functions.
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- (1) The Secretary of State need not at any time while this section is in force consider, or continue to consider, proposals submitted to him (whether before or after the passing of this Act) for the alteration of the Greater London development plan or of a structure plan for a metropolitan county.
- (2) The Secretary of State need not at any time while this section is in force consider, or continue to consider, proposals submitted to him (whether before or after the passing of this Act) under section 25 of the Water Act 1973 (transfer of recreation and amenity functions to the Greater London Council).
- (3) An order under section 29 of the Reservoirs Act 1975 may appoint different days for the coming into force of that Act (or any provision of that Act) in different areas and any such order may make such modifications in any provision of that Act as appear to the Secretary of State to be required in consequence of that Act or any of its provisions coming into force in accordance with an order made by virtue of this subsection.
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#### Control of general expenditure powers.
@@ -172,49 +124,23 @@
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- (1) If, on the application of a constituent council or a local government elector for the area of a constituent council, it appears to the High Court that the Greater London Council or a metropolitan county council has made a disposal in contravention of section 8 above or entered into a contract in contravention of section 9 above, the court may order any person responsible for authorising the disposal or contract who is, or was at the time of the conduct in question, a member of the council to be disqualified for being a member of that council and to be disqualified for a specified period for being a member of any other local authority.
- (2) In sections 80(1)(e), 86(b)(1)(d) of the principal Act references of Part III of the Local Government Finance Act 1982 shall include references to this section.
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#### Accounts and financial consultation.
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- (1) Each of the constituent councils shall, in respect of the accounts of the Greater London Council or, as the case may be, of the relevant metropolitan county council, have the same rights as those conferred on a local government elector for Greater London or that county by sections 17, 19 and 20 of the Local Government Finance Act 1982 (right to question auditor, to make objections and to appeal to the court).
- (2) The Greater London Council and each metropolitan county council shall consult its constituent councils about its proposals for expenditure and the financing of expenditure in the financial year beginning on 1st April 1985 and about any other proposal that would involve expenditure in a subsequent financial year.
- (3) The Greater London Council and each metropolitan county council shall—
- (a) comply with the duty imposed by subsection (2) above before it determines for the purposes of section 11 of the General Rate Act 1967 the amount of its total estimated expenditure for the financial year beginning on 1st April 1985;
- (b) have regard, in performing that duty, to any guidance given by the Secretary of State as to the timing and manner of consultation; and
- (c) make available to its constituent councils such information concerning its past and proposed expenditure and financing of expenditure as may be prescribed by regulations made by the Secretary of State.
- (4) The power to make regulations under subsection (3)(c) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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#### Expenses.
##### 12
Any expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.
#### Short title and interpretation.
##### 13
- (1) This Act may be cited as the Local Government (Interim Provisions) Act 1984.
- (2) For the purposes of this Act the constituent councils are—
- (a) in relation to the Greater London Council, the London borough councils and the Common Council; and
- (b) in relation to a metropolitan county, the councils of the metropolitan districts comprised in the county.
- (3) In this Act “ the principal Act ” means the Local Government Act 1972.
- (4) Any expression used in this Act which is also used in the principal Act has the same meaning as in that Act.
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1984-07-31
Local Government (Interim Provisions) Act 1984 (repealed) — versión
original version
Text at this date