Local Government Act 1992

Part I — Citizen’s Charter Provisions

Performance standards of local authorities etc.

Publication of information as to standards of performance

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Directions under s. 1

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• (1) A direction under section 1 above requiring the publication of information shall—

• (a) identify the financial year or years or other periods in relation to which the information is to be published;

• (b) specify or describe the activities to which the information is to relate; and

• (c) make provision as to the matters to be contained in the information and as to the form in which it is to be published.

• (2) A direction under section 1 above—

• (a) may be given so as to apply either to all the relevant bodies with which the Commission giving the direction is concerned or to all such bodies as are of a description specified in the direction; and

• (b) may be varied or revoked by any subsequent direction under that section.

• (3) Before giving a direction under section 1 above which imposes a new requirement on any relevant body as to the publication of any information the Audit Commission or Scottish Accounts Commission shall consult such associations of relevant bodies and such other persons as it thinks fit.

• (4) A direction under section 1 above imposing a new requirement on any relevant body as to the publication of any information shall not be given any later than the 31st December in the financial year which precedes that in relation to which the information is to be published or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.

• (5) Where the Audit Commission or the Scottish Accounts Commission gives a direction under section 1 above, it shall—

• (a) publish the direction in such manner as it considers appropriate for bringing it to the attention of members of the public; and

• (b) send a copy of the direction to every relevant body on whom duties are imposed by virtue of the direction.

• (6) References in this section to the imposition of a new requirement on a relevant body as to the publication of information are references to—

• (a) the imposition of any requirement by the first direction under section 1 above to apply to that body; or

• (b) any subsequent extension of, or addition to, either—

• (i) the matters to be contained in the information which that body are required to publish in relation to any financial year in pursuance of directions under section 1 above; or

• (ii) the activities to which any such information is to relate.

Functions of auditor and studies by the Commissions

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• (1) In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted

and (d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.

• (2) In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted

and (d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.

• (3) The comparative and other studies which the Audit Commission is required to undertake or promote under section 26(1) of the 1982 Act, and those which the Scottish Accounts Commission is required to undertake or promote under section 97A(1) of the 1973 Act, shall include, in particular—

• (a) studies designed to enable the Audit Commission or, as the case may be, the Scottish Accounts Commission to determine what directions it should give under section 1 above; and

• (b) studies of information published in pursuance of directions under section 1 above which are designed to enable the Commission in question to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by relevant bodies;

but neither Commission shall be required by section 26(4) of the 1982 Act or section 97A(3) of the 1973 Act to consult any person before undertaking or promoting a study falling within paragraph (a) or (b) above.

Application to parish and community councils and charter trustees

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Auditors’ reports and recommendations

Duty to consider auditor’s report or recommendation

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Publicity requirements for meetings under s. 5

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Publication of information by the Audit Commission

Publication of information by the Audit Commission

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Competition

Application of competitive tendering to professional services etc

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Power to define conduct as competitive or anti-competitive

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Publicity for tender specifications

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Amendments of competition provisions

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Part II — Local Government Changes for England

The Local Government Commission

The Local Government Commission for England

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Functions of the Local Government Commission

Duty to conduct reviews and make recommendations

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Changes that may be recommended

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Procedure on a review

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Consultation with the Audit Commission

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Implementation of recommendations

Implementation of recommendations by order

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Consequences of structural changes etc

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Regulations for supplementing orders

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Agreements as to incidental matters

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Joint authorities

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Residuary bodies

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Staff commissions

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Supplemental provisions of Part II

Abolition of the Local Government Boundary Commission for England

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Application of Part II to the Isles of Scilly

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Orders, regulations and directions under Part II

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Amendments relating to local government changes

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• (1) Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

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Part III — General

Interpretation

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• (1) In this Act, except where the context otherwise requires—

• “the 1972 Act” means the Local Government Act 1972;

• “the 1973 Act” means the Local Government (Scotland) Act 1973;

• “the 1980 Act” means the Local Government, Planning and Land Act 1980;

• “the 1982 Act” means the Local Government Finance Act 1982;

• “the 1988 Act” means the Local Government Act 1988;

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• “auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;

• “contravention” includes a failure to comply;

• “financial year” means the twelve months ending with 31st March;

• “local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;

• “local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;

• ...

• “modifications” includes additions, alterations and omissions;

• “principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;

• “principal council” means a council elected for a principal area;

• “public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;

• “the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;

• “staff” includes officers and employees.

• (2) References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).

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

Consequential amendment, repeals and saving

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• (1) Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.

• (2) The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) Without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.

Short title, commencement and extent

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• (1) This Act may be cited as the Local Government Act 1992.

• (2) Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) The following provisions of this Act, that is to say—

• (a) sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and

• (b) section 24, Schedule 3 and Part II of Schedule 4,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

• (4) The following provisions of this Act do not extend to Scotland, that is to say—

• (a) sections 4 and 7;

• (b) Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and

• (c) Part II of Schedule 4, apart from so much of that Part as makes a repeal in the House of Commons Disqualification Act 1975.

• (5) Except for the purposes of—

• (a) the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and

• (b) so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,

this Act does not extend to Northern Ireland.

SCHEDULE 1

The Local Government, Planning and Land Act 1980 (c. 65)

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In section 7(1B) of the 1980 Act (no failure to fulfil competition condition unless local authority are aware of failure when they propose to enter into contract), for the words from “unless” to “aware” there shall be substituted the words “ unless the local authority have become aware, before entering into the contract, ” .

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• (1) In subsection (2) of section 9 of the 1980 Act (obligation to prepare written statement as to the amounts that will be credited to an authority’s DLO revenue account in respect of certain work), after the word “first” there shall be inserted the words “ , in accordance with such requirements (if any) as may be contained in regulations made by the Secretary of State, ” .

• (2) In subsection (4)(a) of that section (obligation to invite offers to undertake work in accordance with specified conditions), for the words “conditions specified by them” there shall be substituted the words “ a detailed specification prepared for the purposes of the invitation ” .

• (3) In subsection (6) of that section (statement under subsection (2) to be consistent with conditions specified for the purposes of subsection (4)(a)), for the words “conditions corresponding to those specified in” there shall be substituted the words “ the requirements of the specification prepared for the purposes of ” .

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In section 13(2) of the 1980 Act (documents to be prepared by every local authority or development body who undertake construction or maintenance work), for paragraph (c) (statement of rate of return) there shall be substituted the following paragraph—

(c) a statement showing whether the local authority or development body have complied with section 16(1) below.

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• (1) In subsection (1) of section 16 of the 1980 Act (obligation to secure that revenue from certain work shows such positive rate of return as the Secretary of State may direct), for the words from “their revenue” to the end of the subsection there shall be substituted the words “ such financial objective as the Secretary of State may specify for that year is met by their revenue (as adjusted in such manner as he may so specify) for all the work of that description which is carried out in that year. ”

• (2) After that subsection there shall be inserted the following subsection—

(1A) Where the Secretary of State specifies a financial objective under this section, he may define that objective by reference to such factors as he thinks fit.

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In section 18(2B) of the 1980 Act (auditor’s obligation to consider statement of rate of return), for the words “statement of rate of return” there shall be substituted the words “ statement referred to in section 13(2)(c) above ” .

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In section 19A(1) of the 1980 Act (conditions of enforcement)—

• (a) after the word “work”, in the first place where it occurs, there shall be inserted the words “ , or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be ” ; and

• (b) in paragraph (a), for the words “they have entered into” there shall be substituted the words “ into which that authority have entered ” .

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• (1) In section 19B of the 1980 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (5) there shall be inserted the following subsection—

(5A) The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where— (a) the Secretary of State has been satisfied as to any matter specified or described in the direction; or (b) the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.

• (2) In subsection (6) of that section (power to give direction to be exercised in writing), at the end there shall be inserted the words “ and, without prejudice to subsection (4) above, shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority or body to which the direction relates. ”

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In section 20(2) of the 1980 Act (exclusion from references to construction and maintenance work of routine maintenance of specific building etc. by person employed for the purpose), for the words from “employed” in paragraph (b) to the end of the subsection there shall be substituted the words

who— (i) is employed to perform duties in relation to that building or structure, or those buildings or structures; but (ii) spends the greater part of the time required for performing the duties of his employment in the carrying out of work which is neither routine maintenance nor work of any other description falling within the meaning, for the purposes of this Part of this Act, of construction or maintenance work.

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