Local Government Act 2003

(11A) (1) The Secretary of State may for any financial year by regulations prescribe one or more classes of dwelling in England for the purposes of subsection (3) or (4) below. (2) A class of dwellings may be prescribed under subsection (1) above by reference to such factors as the Secretary of State sees fit and may, in particular, be prescribed by reference to— (a) the physical characteristics of dwellings, or (b) the fact that dwellings are unoccupied. (3) For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in England may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination, that the discount under section 11(2)(a) shall be such lesser percentage of at least 10 as it may so specify. (4) For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in England may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination— (a) that the discount under section 11(2)(a) above shall not apply, or (b) that the discount under that provision shall be such lesser percentage as it may so specify. (5) A billing authority may make a determination varying or revoking a determination under subsection (3) or (4) for a financial year, but only before the beginning of the year. (6) A billing authority which makes a determination under this section shall publish a notice of it in at least one newspaper circulating in its area and do so before the end of the period of 21 days beginning with the date of the determination. (7) Failure to comply with subsection (6) above shall not affect the validity of a determination.

• (2) For section 12 of that Act (discounts: special provision for Wales) there is substituted—

(12) (1) The National Assembly for Wales may for any financial year by regulations prescribe one or more classes of dwelling in Wales for the purposes of subsection (3) or (4) below. (2) A class of dwellings may be prescribed under subsection (1) above by reference to such factors as the Assembly sees fit and may, in particular, be prescribed by reference to— (a) the physical characteristics of dwellings, or (b) the fact that dwellings are unoccupied. (3) For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in Wales may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination, that the discount under section 11(2)(a) shall be such lesser percentage of at least 10 as it may so specify. (4) For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in Wales may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination— (a) that the discount under section 11(2)(a) above shall not apply, or (b) that the discount under that provision shall be such lesser percentage as it may so specify. (5) A billing authority may make a determination varying or revoking a determination under subsection (3) or (4) for a financial year, but only before the beginning of the year. (6) A billing authority which makes a determination under this section shall publish a notice of it in at least one newspaper circulating in its area and do so before the end of the period of 21 days beginning with the date of the determination. (7) Failure to comply with subsection (6) above shall not affect the validity of a determination.

• (3) Where immediately before the day on which subsection (2) comes into force regulations under section 12(1) of that Act are in force which apply in relation to a financial year beginning on or after that day, the regulations, so far as relating to such a financial year, shall on and after that day have effect as if—

• (a) they were made under section 12(1) of that Act as substituted by this section, and

• (b) each class of dwellings which they prescribe were prescribed for the purposes of section 12(4) of that Act as so substituted.

• (4) Where immediately before that day a determination under section 12(1) of that Act is in force which applies in relation to a financial year beginning on or after that day, the determination, so far as relating to such a financial year, shall on and after that day have effect as if made under section 12(4) of that Act, as substituted by this section, in relation to the whole of the area of the authority which made the determination.

• (5) In its application by virtue of subsection (4), a determination under section 12(1) of that Act shall have effect—

• (a) if it provided for section 12(2) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision to be twenty-five per cent.;

• (b) if it provided for section 12(3) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision not to apply.

Billing authority’s power to reduce amount of tax payable

76

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

Valuation lists and bands

Statutory revaluation cycle

77

After section 22A of the Local Government Finance Act 1992 there is inserted—

(22B) (1) The listing officer for a billing authority shall compile, and then maintain, new lists for the authority in accordance with this Chapter (each such list to be called its valuation list). (2) A new list must be compiled— (a) in relation to billing authorities in England, on 1 April 2007, and (b) in relation to billing authorities in Wales, on 1 April 2005. (3) After that, a new list must be compiled on the earlier of the tenth anniversary of the compilation of the previous list and 1 April in such year as may be specified— (a) in relation to billing authorities in England, by order made by the Secretary of State, and (b) in relation to billing authorities in Wales, by order made by the National Assembly for Wales. (4) A new list shall come into force on the day on which it is compiled and shall remain in force until the next such list is compiled. (5) The duty to maintain a list compiled under this section continues for so long as is necessary for the purposes of this Part and is not affected by the list ceasing to be in force. (6) Before a list is compiled under this section, the listing officer must take such steps as are reasonably practicable in the time available to ensure that it is accurately compiled on the date on which it is to be compiled. (7) Where a list is to be compiled under this section, the listing officer for a billing authority shall send the authority a copy of the list he proposes to compile (on the information then before him) not later than 1st September before the date on which it is to be compiled. (8) As soon as reasonably practicable after receiving a copy list under subsection (7) above, a billing authority shall deposit it at its principal office and take such steps as it thinks most suitable for giving notice of it. (9) As soon as reasonably practicable after the listing officer for a billing authority has compiled a list under this section, he shall send a copy of it to the authority. (10) As soon as reasonably practicable after receiving a copy list under subsection (9) above, a billing authority shall deposit it at its principal office. (11) No order under subsection (3)(a) above may be made unless a draft of the order has been laid before, and approved by resolution of, the House of Commons.

Power to change number of valuation bands

78

In section 5 of the Local Government Finance Act 1992 (c. 14) (valuation bands), after subsection (4) there is inserted—

(4A) The power under subsection (4)(b) above includes power to make provision for a different number of valuation bands from those which are for the time being effective for the purposes of subsection (2) or (3) above.

Transitional arrangements

79

After section 13A of the Local Government Finance Act 1992 there is inserted—

(13B) (1) The Secretary of State may by regulations make provision for the purpose of smoothing changes in council tax liability resulting from the coming into force in relation to a billing authority in England of— (a) an order under section 5 above, or (b) a list under section 22B below. (2) The National Assembly for Wales may by regulations make provision for the purpose of smoothing changes in council tax liability resulting from the coming into force in relation to a billing authority in Wales of— (a) an order under section 5 above, or (b) a list under section 22B below. (3) Regulations under this section may, in particular— (a) make provision about the circumstances in which changes are to be smoothed; (b) make provision for changes to be smoothed over such one or more financial years as may be specified in the regulations; (c) make provision for liability for any financial year to be determined in accordance with such rules as may be so specified, which may result in liability being the same as or different from what it would otherwise be. (4) Without prejudice to section 113(1) below, regulations under this section may make different provision for different financial years. (5) To the extent that he would not have power to do so apart from this subsection, the Secretary of State may— (a) include in regulations made by him under this section such amendments of any social security instrument as he thinks expedient in consequence of the regulations; (b) include in any social security instrument such provision as he thinks expedient in consequence of regulations under this section. (6) In subsection (5) above, “social security instrument” has the meaning given by section 13(10) above.

Enforcement

Amendments relating to distress

80

• (1) Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement) is amended as follows.

• (2) In paragraph 5(1) (power to authorise making of attachment of earnings orders against persons subject to liability orders), in paragraph (a) (under which attachment of earnings may be authorised to secure payment of any outstanding sum which is or forms part of the amount in respect of which a liability order was made), for the words from “any outstanding sum” to the end there is substituted “ the appropriate amount ”.

• (3) After that sub-paragraph there is inserted—

(1A) For the purposes of this paragraph the appropriate amount is the aggregate of— (a) any outstanding sum which is or forms part of the amount in respect of which the liability order was made; and (b) where the authority concerned has sought to levy an amount by distress and sale of the debtor’s goods under provision included by virtue of paragraph 7 below and the person making the distress has reported that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount— (i) such sum as is referred to in sub-paragraph (2)(b) of that paragraph, and (ii) if the authority has applied for the issue of a warrant committing the debtor to prison under provision included by virtue of paragraph 8 below, a sum (of a prescribed amount or an amount determined in accordance with prescribed rules) in respect of the costs of the application.

• (4) In paragraph 7 (distress), after sub-paragraph (4) there is inserted—

(4A) The regulations may include provision with respect to the supply of information to the debtor by— (a) a person who makes, or attempts to make, a distress, or (b) where it has levied any amount by distress, the authority concerned.

Charging orders: aggregation

81

In Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement), after paragraph 11 there is inserted—

(11A) Regulations under paragraph 1(1)(a) above may provide that two or more liability orders against the same person shall be treated as a single liability order for the purposes of provision included by virtue of paragraph 11 above if an application under such provision could be made in respect of each of them in relation to the same dwelling.

Quashing of liability orders

82

In Schedule 4 to the Local Government Finance Act 1992 (enforcement), after paragraph 12 there is inserted—

(12A) Regulations under paragraph 1(1) above may provide— (a) that, where on an application by the authority concerned a magistrates' court is satisfied that a liability order should not have been made, it shall quash the order; (b) that, where on an application to a magistrates' court for the quashing of a liability order, the court is satisfied that, had the original application been for a liability order in respect of a lesser sum payable, such an order could properly have been made, it shall substitute a liability order in respect of the aggregate of— (i) that lesser sum, and (ii) any sum included in the quashed order in respect of the costs incurred in obtaining it.

Other

Major precepting authorities: combined fire authorities

83

• (1) In section 39(1) of the Local Government Finance Act 1992 (c. 14) (which specifies the authorities which are major precepting authorities for the purposes of Part 1 of that Act), after paragraph (d) there is inserted—

(da) a fire authority in England constituted by a combination scheme made under section 6 of the Fire Services Act 1947;

.

• (2) The National Assembly for Wales may by order amend section 39(1)(da) of the Local Government Finance Act 1992 for the purpose of extending the provision to fire and rescue authorities in Wales.

• (3) Before making an order under subsection (2), the National Assembly for Wales shall consult—

• (a) such bodies or persons appearing to it to be representative of the interests of local government in Wales, and

• (b) such other bodies or persons,

as it may consider appropriate.

Amendment of section 67 of the Local Government Finance Act 1992

84

• (1) Section 67 of the Local Government Finance Act 1992 (under which certain council tax functions must be discharged only by an authority as a whole) is amended as follows.

• (2) In subsection (1), for “Subject to subsections (3) and (3A) below,” there is substituted “ Subject to subsections (2A) to (3A) below, ”.

• (3) After subsection (2) there is inserted—

(2A) Subsection (1) does not apply to the following functions— (a) the determination of an amount for item T in section 33(1) above; (b) the determination of an amount for item TP in section 34(3) above; (c) the determination of an amount for item T in section 44(1) above; (d) the determination of an amount for item TP in section 45(3) above; (e) the determination of an amount for item TP in section 48(3) or (4) above; (f) the determination of an amount for item T in section 88(2) of the Greater London Authority Act 1999 (c. 29); (g) the determination of an amount for item TP2 in section 89(4) of that Act; (h) the determination of an amount required for determining an amount for the item mentioned in paragraph (c), (d), (f) or (g) above.

Vacant dwellings: use of information obtained for council tax purposes

85

In Schedule 2 to the Local Government Finance Act 1992 (c. 14) (council tax: administration), after paragraph 18 there is inserted—

(18A) (1) A billing authority may use information it has obtained for the purpose of carrying out its functions under Part 1 of this Act for the purpose of— (a) identifying vacant dwellings, or (b) taking steps to bring vacant dwellings back into use. (2) The power under sub-paragraph (1) above, so far as relating to personal information, extends only to information which consists of an individual’s name or an address or number for communicating with him. (3) In this paragraph— - “personal information” means information which relates to an individual (living or dead) who can be identified— 1. from that information, or 2. from that information and other information of the authority, - “vacant dwelling” means a dwelling in which no one lives and which is substantially unfurnished.

Repeal of section 31 of the Local Government Act 1999

86

Section 31 of the Local Government Act 1999 (c. 27) (further regulation of major precepting authorities) ceases to have effect.

Part 7 — Housing finance etc

Housing strategies and statements

87

• (1) The Welsh Ministers may—

• (a) require a local housing authority in Wales to have a strategy in respect of such matters relating to housing as the Welsh Ministers may specify, and

• (b) impose requirements with respect to—

• (i) the ends that the strategy is to be designed to achieve,

• (ii) the formulation of policy for the purposes of the strategy, or

• (iii) review of the strategy.

• (2) The Welsh Ministers may require a local housing authority in Wales, by such time as the Welsh Ministers may specify, to prepare and supply the Welsh Ministers with a statement setting out such material of either of the following descriptions as the Welsh Ministers may specify—

• (a) a strategy that the authority is required to have under subsection (1);

• (b) other material relating to housing.

• (3) The Welsh Ministers may, in relation to a statement whose preparation and supply is required under subsection (2), impose requirements with respect to—

• (a) the contents of the statement;

• (b) the form of the statement;

• (c) the statement’s supply to the Welsh Ministers.

• (4) In this section—

• “housing” includes accommodation needs for gypsies and travellers within the meaning of ... section 225 of the Housing Act 2004, in the case of a local housing authority in England; Part 3 of the Housing (Wales) Act 2014, in the case of a local housing authority in Wales;

• “local housing authority” has the same meaning as in the Housing Act 1985 (c. 68).

Housing Revenue Account business plans

88

• (1) The power under section 87(3) includes (in particular) power to require that material—

• (a) in a statement, and

• (b) relating to property within the Housing Revenue Account of the authority preparing the statement,

be designated in the statement as being, or forming part of, the authority’s Housing Revenue Account business plan.

• (2) All material that—

• (a) in accordance with requirements imposed under section 87(3) is so designated in a statement prepared for the purposes of section 87(2) by an authority in Wales, and

• (b) has not in a subsequent statement so prepared by the authority been declared to be superseded or withdrawn,

shall collectively be known as the authority’s Housing Revenue Account business plan.

• (3) The reference in subsection (1) to property within an authority’s Housing Revenue Account has the same meaning as in Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance).

Housing Revenue Account subsidy: payment and calculation

89

• (1) For section 79(2) of the Local Government and Housing Act 1989 (payment of Housing Revenue Account subsidy) there is substituted—

(2) Housing Revenue Account subsidy shall be paid by the appropriate person— (a) in such instalments, at such times and in such manner, and (b) subject to such conditions as to claims, records, certificates, supply of Housing Revenue Account business plans, audit or otherwise, as the appropriate person may determine.

• (2) In section 80 of that Act (calculation of Housing Revenue Account subsidy), for subsection (1) (subsidy to be calculated in accordance with formulae) there is substituted—

(1) The amount of Housing Revenue Account subsidy (if any) payable to a local housing authority for a year shall be calculated in such manner as the appropriate person may from time to time determine. (1A) A determination under subsection (1) above may (in particular)— (a) provide for all or part of the amount to be calculated in accordance with a formula or formulae; (b) provide for the amount, or part of the amount, to be calculated by reference to— (i) whether any Housing Revenue Account business plan that the authority are required to prepare by any time has been supplied to the appropriate person or has been supplied to the appropriate person by that time; (ii) the appropriate person’s assessment of any Housing Revenue Account business plan prepared by the authority and supplied to the appropriate person; (iii) whether conditions are met that relate to, or to the authority’s conduct of, the authority’s finances or any aspect of those finances; (iv) an assessment of the state of, or of the authority’s conduct of, the authority’s finances or any aspect of those finances; (v) whether conditions are met that relate to housing provided by the authority, to housing functions of the authority or to the authority’s performance in exercising such functions; (vi) an assessment of, or of the state of, housing provided by the authority; (vii) an assessment of the authority’s performance in exercising functions in relation to housing provided by the authority or in otherwise exercising housing functions; (viii) whether, as respects housing provided by the authority, management functions exercisable in relation to that housing have been entrusted to a company; (ix) whether, where such functions have been entrusted to a company, conditions are met that relate to the performance of the company in exercising the functions; (x) an assessment, where such functions have been entrusted to a company, of the performance of the company in exercising those functions; (xi) assumptions as to any matter; (c) have the effect that the amount, or part of the amount, is nil or a negative amount; (d) make different provision for different parts of the amount.

• (3) In subsection (3) of that section (determinations of, and for the purposes of, formulae)—

• (a) in the words before paragraph (a), for “the Secretary of State may” there is substituted “ the appropriate person may (in particular) ”, and

• (b) the words after paragraph (c) (which are superseded by the new subsections (5) and (6) of that section) are omitted.

• (4) In subsections (3)(b) and (4) of that section (provisions about formulae), for “Secretary of State” (in each place) there is substituted “ appropriate person ”.

• (5) In that section, after subsection (4) there is inserted—

(5) Nothing in subsections (1A) to (4) above is to be taken as limiting the appropriate person’s discretion under subsection (1) above. (6) The appropriate person may make a determination under subsection (1) above, or a calculation under such a determination, on the basis of information received by him on or before such date as he thinks fit.

• (6) In section 88(1) of that Act (interpretation of Part 6), after paragraph (a) there is inserted—

(aa) “the appropriate person” means— (i) in relation to England, the Secretary of State, and (ii) in relation to Wales, the National Assembly for Wales;

.

Housing Revenue Account subsidy: negative amounts

90

• (1) In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance), after section 80 there is inserted—

(80ZA) (1) If calculation in accordance with a determination under section 80(1) above of the amount of Housing Revenue Account subsidy payable to a local housing authority for a year produces a negative amount— (a) the authority shall for that year debit the equivalent positive amount to their Housing Revenue Account, and (b) pay that equivalent amount to the appropriate person. (2) Amounts payable to the appropriate person under subsection (1)(b) above shall be paid to him in such instalments, at such times and in such manner as he may determine. (3) A payment in respect of an amount payable under subsection (1)(b) above shall be accompanied by such information as the appropriate person may require. (4) The appropriate person may charge a local housing authority interest, at such rates and for such periods as he may determine, on any sum payable to him under subsection (1)(b) above that is not paid by such time as may be determined under subsection (2) above for its payment. (5) The appropriate person may charge a local housing authority an amount equal to any additional costs incurred by him as a result of any sum payable to him under subsection (1)(b) above not being paid by such time as may be determined under subsection (2) above for its payment.

• (2) In section 80 of that Act (calculation of Housing Revenue Account subsidy), subsection (2) (negative amounts of subsidy) is omitted.

• (3) In Part 2 of Schedule 4 to that Act (amounts to be debited to a local housing authority’s Housing Revenue Account), for item 5 there is substituted—

Sums payable for the year to the Secretary of State, or the National Assembly for Wales, under subsection (1)(b) of section 80ZA of this Act (Housing Revenue Account subsidy of a negative amount) and— (a) any interest charged on those sums under subsection (4) of that section, and (b) any amount charged under subsection (5) of that section in respect of costs incurred as a result of late payment of any of those sums.

• (4) In section 141(8) of the Local Government Finance Act 1988 (c. 41) (amounts due from authorities that may be set off against amounts due from Secretary of State or National Assembly for Wales), for “and paragraphs 12 and 15 of that Schedule” there is substituted “ ,?paragraphs 12 and 15 of that Schedule and section 80ZA of the Local Government and Housing Act 1989 (negative amounts of Housing Revenue Account subsidy and interest and costs where payment made late) ”.

Housing Revenue Accounts etc: adaptation of enactments

91

• (1) In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance), after section 87 there is inserted—

(87A) (1) The appropriate person may by order— (a) amend, repeal or re-enact provisions of sections 74 to 76 and 78 of, and Schedule 4 to, this Act; (b) provide for any such provisions— (i) not to apply, whether at all or in cases specified by the order or to authorities so specified; (ii) to apply, whether generally or in cases so specified or to authorities so specified, subject to modifications so specified. (2) An order under this section may (in particular)— (a) add items to, or remove items from, Part 1 or 2 of Schedule 4 to this Act, or vary items of those Parts; (b) confer discretions, or expand, curtail or repeal discretions conferred, on the appropriate person or any other person; (c) be made before, during or after the end of any year to which it relates. (3) In subsection (2)(b) above “discretion” includes power to make a determination or give a direction. (4) An order under this section may— (a) contain such incidental, consequential, transitional or supplementary provisions (including provisions amending or repealing enactments), and such savings, as the appropriate person considers appropriate; (b) make different provision for different cases or authorities. (5) The power to make an order under this section is exercisable by statutory instrument. (6) The Secretary of State shall not make an order under this section unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

• (2) In Part 4 of Schedule 4 to that Act (Housing Revenue Accounts: supplementary provisions), paragraph 3 (which is superseded by the new section 87A) is omitted.

Local housing authority houses: rents

92

• (1) In section 24(3) of the Housing Act 1985 (c. 68) (local housing authorities in England and Wales to have regard to private sector rents in setting rents for their houses), after “a local housing authority” there is inserted “ in Wales ”.

• (2) The National Assembly for Wales may by order repeal section 24(3) of that Act (as amended by subsection (1)).

Part 8 — Miscellaneous and general

Chapter 1 — Miscellaneous

Charging and trading

Power to charge for discretionary services

93

• (1) Subject to the following provisions, a relevant authority may charge a person for providing a service to him if—

• (a) the authority is authorised, but not required, by an enactment to provide the service to him, and

• (b) he has agreed to its provision.

• (2) Subsection (1) does not apply if the authority—

• (a) has power apart from this section to charge for the provision of the service, or

• (b) is expressly prohibited from charging for the provision of the service.

• (3) The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision.

• (4) The duty under subsection (3) shall apply separately in relation to each kind of service.

• (5) Within the framework set by subsections (3) and (4), a relevant authority may set charges as it thinks fit and may, in particular—

• (a) charge only some persons for providing a service;

• (b) charge different persons different amounts for the provision of a service.

• (6) In carrying out functions under this section, a relevant authority shall have regard to such guidance as the appropriate person may issue.

• (7) The following shall be disregarded for the purposes of subsection (2)(b)—

• (a) section 111(3) of the Local Government Act 1972 (c. 70) (subsidiary powers of local authorities not to include power to raise money),

• (b) section 34(2) of the Greater London Authority Act 1999 (c. 29) (corresponding provision for Greater London Authority), ...

• (c) section 3(2) of the Local Government Act 2000 (c. 22) (well-being powers not to include power to raise money).

• (d) section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities , combined authorities and combined county authorities),

• (e) section 102C(4) of that Act (Integrated Transport Authorities),

• (f) section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), ...

• (g) section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities), and

• (h) section 50(4) of the Levelling-up and Regeneration Act 2023 (combined county authorities).

• (8) In subsection (1), “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

• (9) In this section, “ relevant authority ” means—

• (a) a best value authority;

• (aa) a county council or county borough council in Wales;

• (ab) the Passenger Transport Executive of an integrated transport area in England;

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

• (b) a parish council;

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

• (d) a community council.

Power to disapply section 93(1)

94

• (1) The appropriate person may by order disapply section 93(1)—

• (a) in relation to particular descriptions of relevant authority or particular relevant authorities;

• (b) in relation to the provision of a particular kind of service by—

• (i) all relevant authorities,

• (ii) particular relevant authorities, or

• (iii) particular descriptions of relevant authority.

• (2) The power under subsection (1) includes power to disapply for a particular period.

• (3) In this section, “relevant authority” has the meaning given in section 93.

Housing Revenue Account subsidy: negative amounts

95

• (1) The appropriate person may by order—

• (a) authorise relevant authorities to do for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions, and

• (b) make provision about the persons in relation to whom authority under paragraph (a) is exercisable.

• (2) No order under this section may authorise a relevant authority—

• (a) to do in relation to a person anything which it is required to do in relation to him under its ordinary functions, or

• (b) to do in relation to a person anything which it is authorised, apart from this section, to do in relation to him for a commercial purpose.

• (3) An order under this section may be made in relation to—

• (a) all relevant authorities, particular relevant authorities or particular descriptions of relevant authority;

• (b) all things authorised to be done for the purpose of carrying on a particular function, particular things authorised to be done for that purpose or particular descriptions of thing authorised to be so done.

• (4) Power conferred by an order under this section shall only be exercisable through a company within the meaning of Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests).

• (5) A relevant authority on which power is conferred by an order under this section shall be treated as a local authority for the purposes of Part 5 of the Local Government and Housing Act 1989 if it would not otherwise be such an authority, but only in relation to a body corporate through which it exercises, or proposes to exercise, the power conferred by the order.

• (6) In its application by virtue of subsection (5), section 70(1) of the Local Government and Housing Act 1989 (c. 42) (power to make provision about what a company under the control, or subject to the influence of, a local authority does) shall only apply in relation to the doing for a commercial purpose of the thing to which the order under this section relates.

• (7) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant authority” means— a best value authority, other than the Common Council of the City of London in its capacity as a police authority and ... ; a county council or county borough council in Wales; a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; the Passenger Transport Executive of an integrated transport area in England; a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004; 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; a National Park authority for a National Park in Wales; a parish council; a parish meeting of a parish which does not have a separate parish council; or a community council.

• “ordinary functions”, in relation to a relevant authority, means functions of the authority which are not functions under this section.

Regulation of trading powers

96

• (1) The appropriate person may by order impose conditions in relation to the exercise by a relevant authority of—

• (a) a power to do anything for a commercial purpose, or

• (b) a power to do anything for such a purpose through a company.

• (2) In exercising such a power as is mentioned in subsection (1), a relevant authority shall have regard to such guidance as the appropriate person may issue.

• (3) An order under this section may be made in relation to—

• (a) all relevant authorities,

• (b) particular relevant authorities, or

• (c) particular descriptions of relevant authority.

• (4) In this section, “relevant authority” has the meaning given in section 95.

• (5) In subsection (1)(b), “company” has the same meaning as in Part 5 of the Local Government and Housing Act 1989.

Power to modify enactments in connection with charging or trading

97

• (1) If it appears to the appropriate authority that an enactment (whenever passed or made), other than section 93(2) or 95(2), prevents or obstructs relevant authorities—

• (a) charging by agreement for the provision of a discretionary service, or

• (b) doing for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions,

the appropriate authority may by order amend, repeal, revoke or disapply the enactment.

• (2) The appropriate authority may by order amend, repeal, revoke or disapply an enactment (whenever passed or made), other than section 93, which makes in relation to a relevant authority provision for, or in connection with, power to charge for the provision of a discretionary service.

• (3) The power under subsection (1) or (2) to amend or disapply an enactment includes power to amend or disapply an enactment for a particular period.

• (4) An order under this section may be made in relation to—

• (a) all relevant authorities,

• (b) particular relevant authorities, or

• (c) particular descriptions of relevant authority.

• (5) An order under subsection (1)(b) may be made in relation to—

• (a) all things authorised to be done for the purpose of carrying on a particular function,

• (b) particular things authorised to be done for that purpose, or

• (c) particular descriptions of thing authorised to be so done.

• (6) An order under subsection (1)(b) may not be used to authorise a relevant authority to do in relation to a person anything which it is required to do in relation to him under its ordinary functions.

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

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

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

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

• (9) Subject to subsection (10), no order shall be made by the Secretary of State under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

• (10) An order under this section which is made by the Secretary of State only for the purpose of amending an earlier order under this section—

• (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

• (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10A) Subject to subsection (10B), no order may be made by the Welsh Ministers under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (10B) An order under this section which is made by the Welsh Ministers only for the purpose mentioned in subsection (10) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (11) In this section—

• “the appropriate authority” means— in relation to England, the Secretary of State; and in relation to Wales, the Welsh Ministers;

• “discretionary service”, in relation to a relevant authority, means a service which the authority is authorised, but not required, to provide;

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));

• “ordinary functions”, in relation to a relevant authority, means functions of the authority which are not functions under section 95.

• “relevant authority” means— in relation to England— a best value authority in England; a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004; a parish council; or a parish meeting of a parish which does not have a separate parish council; and in relation to Wales— a county council or county borough council in Wales; a community council; a National Park authority for a National Park in Wales; 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.

Procedure for orders under section 97

98

• (1) Before making an order under section 97, the Secretary of State shall consult—

• (a) such relevant authorities as appear to him to be likely to be affected by his proposals, and

• (b) such other persons as appear to him to be representative of interests likely to be so affected.

• (2) If following consultation under subsection (1) ..., the Secretary of State proposes to make an order under section 97, he shall lay before each House of Parliament a document which—

• (a) explains his proposals,

• (b) sets them out in the form of a draft order, and

• (c) gives details of consultation under subsection (1), ...

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

• (3) Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 97 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.

• (4) In calculating the period mentioned in subsection (3), no account shall be taken of any time during which —

• (a) Parliament is dissolved or prorogued, or

• (b) either House is adjourned for more than four days.

• (5) In preparing a draft order under section 97 the Secretary of State shall consider any representations made during the period mentioned in subsection (3).

• (6) A draft order laid before Parliament in accordance with section 97(9) must be accompanied by a statement of the Secretary of State giving details of—

• (a) any representations considered in accordance with subsection (5), and

• (b) any changes made to the proposals contained in the document laid before Parliament under subsection (2).

• (7) Nothing in this section applies to an order under section 97 which is made only for the purpose mentioned in section 97(10).

• (8) In this section, “relevant authority” has the meaning given in section 97.

Performance categories

Categorisation of English local authorities by reference to performance

99

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

Exercise of powers by reference to authorities' performance categories

100

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Schedule 3 (which amends certain of the provisions conferring, or governing the exercise of, certain powers and does so for purposes of their exercise in relation to authorities, whether or not English local authorities, to which they apply) has effect.

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

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

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

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

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

Contracting-out

Staff transfer matters: general

101

• (1) In exercising a power to contract with a person for the provision of services, a relevant authority must—

• (a) deal with matters affecting—

• (i) who will be the employer of existing staff if a contract is entered into and carried out, or

• (ii) what will be the terms and conditions of employment of existing staff, or the arrangements for their pensions, if their employer changes as a result of a contract being entered into and carried out,

in accordance with directions given to it by the appropriate person;

• (b) have regard to guidance issued to it by the appropriate person on matters relating to the employment or pensions of existing staff.

• (2) In subsection (1), references to existing staff, in relation to a contract for the provision of services, are to staff who before the contract is carried out are engaged in the provision of any of the services.

• (3) Where the provision of any services under a contract with a relevant authority for their provision is to cease in circumstances where they are to be provided instead by members of the authority’s staff, the authority shall comply with directions given to it by the appropriate person for the purpose of requiring it to offer employment to staff who, before the services cease to be provided under the contract, are engaged in the provision of any of the services.

• (4) The duties under Part 1 of the Local Government Act 1999 (c. 27) (best value) of a best value authority have effect subject to subsections (1) and (3).

• (5) The duties under sections 1 and 2 of the Local Government in Scotland Act 2003 (asp 1) (best value) of a relevant authority have effect subject to subsections (1) and (3).

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

• (6) Directions given, or guidance issued, for the purposes of subsection (1) or (3)—

• (a) may be addressed to—

• (i) all relevant authorities, or

• (ii) authorities of a particular description;

• (b) may be different for different cases or authorities.

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

• (7A) In this section, in relation to England and Wales, “ relevant authority ” means—

• (a) a best value authority;

• (aa) a county council or county borough council in Wales;

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

• (ac) 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;

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

• (b) a parish council;

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

• (d) a community council.

• (8) In this section, in relation to Scotland—

• “appropriate person”... means the Scottish Ministers; and

• “relevant authority” means— a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), the Strathclyde Passenger Transport Authority, or any other body to which Part 1 of the Local Government in Scotland Act 2003 (asp 1) (best value and accountability) applies.

Procedure for orders under section 97: England

102

• (1) The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where a local authority is contracting with a person (“the contractor”) for the provision of services that are to be provided under a contract instead of by employees of the authority, it does so on terms—

• (a) that require the contractor, in the event of there being any transferring employees, to secure pension protection for each of them, and

• (b) that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

• (2) For the purposes of subsection (1)—

• (a) “transferring employee” means an employee of the authority whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the contractor, a contract of employment with someone other than the authority, and

• (b) “pension protection” is secured for a transferring employee if after that change in his employer he has, as an employee of his new employer, rights to acquire pension benefits and those rights—

• (i) are the same as, or

• (ii) under the directions count as being broadly comparable to or better than,

those that he had as an employee of the authority.

• (3) The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where—

• (a) a local authority has contracted with a person (“the first contractor”) for the provision of services,

• (b) the application of the TUPE regulations in relation to what was done for the purposes of carrying out the contract between the authority and the first contractor resulted in employees of the authority (“the original employees”) becoming employees of someone other than the authority, and

• (c) the authority is contracting with a person (“the subsequent contractor”) for the provision of any of the services,

the authority contracts with the subsequent contractor on terms satisfying the requirements of subsection (4).

• (4) Those requirements are that the terms—

• (a) require the subsequent contractor, in the event of there being any transferring original employees, to secure pension protection for each of them, and

• (b) so far as relating to the securing of pension protection for an original employee, are enforceable by the employee.

• (5) For the purposes of subsection (4)—

• (a) “transferring original employee” means an original employee—

• (i) whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the subsequent contractor, a contract of employment with someone other than his existing employer, and

• (ii) whose contract of employment on each occasion when an intervening contract was carried out became, by virtue of the application of the TUPE regulations in relation to what was done for the purposes of carrying out the intervening contract, a contract of employment with someone other than his existing employer;

• (b) “pension protection” is secured for a transferring original employee if after the change in his employer mentioned in paragraph (a)(i) he has, as an employee of his new employer, rights to acquire pension benefits and those rights—

• (i) are the same as, or

• (ii) under the directions count as being broadly comparable to or better than,

those that he had before that change.

• (6) In subsection (5)(a)(ii), “intervening contract” means a contract with the authority for the provision, at times after they are provided under the contract with the first contractor and before they are to be provided under a contract with the subsequent contractor, of the services to be provided under the contract with the subsequent contractor.

• (7) Any expression used in this section, and in the TUPE regulations, has in this section the meaning that it has in the TUPE regulations.

• (7A) In this section, in relation to England, “ local authority ” means—

• (a) a county council in England, a district council, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council;

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

• (c) the Common Council of the City of London in its capacity as a local authority; and

• (d) the Greater London Authority so far as it exercises its functions through the Mayor.

• (7B) In this section, in relation to Wales, “local authority” means—

• (a) a county council, county borough council or community council in Wales;

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

• (8) In this section, in relation to Scotland—

• “appropriate person”, ... means the Scottish Ministers;

• “local authority”— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• (9) In this section,

• “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006, or any regulations replacing those regulations, as from time to time amended.

2004 local government elections

Power to change date of elections in England

103

• (1) The Secretary of State may by order provide that in 2004—

• (a) the ordinary day of election of councillors for—

• (i) all local government areas in England, or

• (ii) all local government areas in England, except parishes, and

• (b) the day on which the poll is to be held at the second ordinary election under the Greater London Authority Act 1999 (c. 29),

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

• (2) Where the Secretary of State makes an order under subsection (1), he may by order—

• (a) make provision modifying, in relation to elections in England in 2004—

• (i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or

• (ii) rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of parish councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983 (c. 2));

• (b) make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of parish councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in England in 2004;

• (c) make such provision as he thinks fit for the purpose of enabling the annual meeting in 2004 of an authority to which subsection (3) applies to be held after the date of the poll at the European Parliamentary general election.

• (3) This subsection applies to—

• (a) any of the following for which 2004 is not a year of ordinary elections of councillors to the council—

• (i) a county council in England,

• (ii) a district council, and

• (iii) a parish council;

• (b) an authority established by Part 4 of the Local Government Act 1985 (c. 51) (joint authorities);

• (c) a police authority established under section 3 of the Police Act 1996 (c. 16);

• (d) the Metropolitan Police Authority.

• (4) Where the National Assembly for Wales makes an order under section 104, the Secretary of State may by order make in relation to elections in England such consequential provision, including provision excluding or modifying the application of any enactment, as he thinks fit.

• (5) Before making an order under this section, the Secretary of State must consult—

• (a) the Electoral Commission, and

• (b) such other persons or bodies as he considers appropriate.

• (6) Subsection (5) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.

• (7) In subsection (1)—

• “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2);

• “ordinary election” is to be read in accordance with section 2(7) of the Greater London Authority Act 1999 (c. 29).

• (8) In subsection (4) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).

Power to change date of elections in Wales

104

• (1) The National Assembly for Wales may by order provide that in 2004 the ordinary day of election of councillors for—

• (a) all local government areas in Wales, or

• (b) all local government areas in Wales, except communities, or

• (c) all communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

• (2) Where the Assembly makes an order under subsection (1), it may by order—

• (a) make provision modifying, in relation to elections in Wales in 2004—

• (i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or

• (ii) rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of community councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983);

• (b) make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of community councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in Wales in 2004.

• (3) Where the Secretary of State makes an order under section 103, the National Assembly for Wales may by order make in relation to elections in Wales such consequential provision, including provision excluding or modifying the application of any enactment, as it thinks fit.

• (4) Before making an order under this section, the National Assembly for Wales must consult—

• (a) the Electoral Commission, and

• (b) such other persons or bodies as it considers appropriate.

• (5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.

• (6) In subsection (1), “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2).

• (7) In subsection (3) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).

Valuation Tribunal Service

The Valuation Tribunal Service

105

• (1) There shall be a body corporate to be known as the Valuation Tribunal Service (referred to in this section, section 106 and Schedules 4 and 5 as “the Service”).

• (2) The Service shall have the following functions in relation to the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”)—

• (a) providing, or arranging for the provision of, the services required for the operation of the Tribunal, in particular—

• (i) accommodation,

• (ii) staff (including the clerk of the Tribunal),

• (iii) information technology,

• (iv) equipment, and

• (v) training for members and staff of the Tribunal (including the clerk of the Tribunal);

• (aa) making payments in accordance with paragraph A14 or A18A(8) of Schedule 11 to the Local Government Finance Act 1988;

• (b) giving general advice about procedure in relation to proceedings before the Tribunal.

• (3) The Service shall provide the Secretary of State with such information, advice and assistance as he may require.

• (4) The Service may do anything which it considers is calculated to facilitate, or is conducive or incidental to, the carrying-out of its functions.

• (5) The Service shall carry out its functions with respect to the Tribunal in the manner which it considers best calculated to secure its efficient and independent operation.

• (6) The Service shall, in relation to its functions with respect to the Tribunal, consult the President of the Tribunal about the carrying-out of its functions.

• (7) The Secretary of State may—

• (a) after consultation with the Service, give directions to it for the purpose of securing the effective carrying-out of its functions, and

• (b) issue guidance to the Service about the carrying-out of its functions.

• (8) The Service shall, in carrying out its functions—

• (a) comply with any directions under subsection (7)(a), and

• (b) have regard to any guidance under subsection (7)(b).

• (9) Schedule 4 (which makes further provision about the Service) has effect.

Transfer to Service of property, rights and liabilities

106

• (1) The Secretary of State may make one or more schemes for the transfer to the Service of—

• (a) such of his property, rights and liabilities, or

• (b) such of the property, rights and liabilities of a valuation tribunal in England,

as appear to him to be appropriate to be transferred for the performance of the Service’s functions.

• (2) On the day appointed by a transfer scheme for the coming into force of the scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.

• (3) Schedule 5 (which makes further provision in relation to transfer schemes) has effect.

Audit Commission

Auditors' public interest reports: time allowed for consideration

107

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

Auditors' public interest reports: publicity

108

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

Registered social landlords

109

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

Financial year

110

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

Delegation

111

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

Other

Standards Board for England: delegation

112

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

Standards committees and monitoring officers: delegation

113

• (1) In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local government members), after section 54 there is inserted—

(54A) (1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee. (2) Subsection (1) does not apply to functions under section 55 or 56. (3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed. (4) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales— (a) regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and (b) sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees. (5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority— (a) regulations under section 53(11) may make provision in relation to such sub-committees, and (b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees. (6) Subject to any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)— (a) the number of members of a sub-committee under subsection (1), and (b) the term of office of those members, are to be fixed by the standards committee by which the sub-committee is appointed.

• (2) In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—

(82A) (1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section 60(2), 64(2), 70(4) or 71(2). (2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer. (3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions— (a) to which this section applies, and (b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy, those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy. (4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed. (5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall— (a) pay the person a reasonable fee for performing the functions, (b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and (c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.

• (3) In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation etc. of monitoring officers), after subsection (7) there is inserted—

(7A) Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).

Paid time off for councillors not to be political donation

114

• (1) In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph (a) there is inserted—

(aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business— (i) of the authority, (ii) of any body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or (iii) of any other body if it is a public body;

.

• (2) In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—

(4) In sub-paragraph (1)(aa)— “employee” and “employer”— (a) in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, and (b) in relation to Northern Ireland, have the same meaning as in the Employment Rights (Northern Ireland) Order 1996; “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council; “working hours” of an employee— (a) in relation to England and Wales, and Scotland, has the same meaning as in section 50 of the Employment Rights Act 1996, and (b) in relation to Northern Ireland, has the same meaning as in Article 78 of the Employment Rights (Northern Ireland) Order 1996; “qualifying business”, in relation to a body, means— (a) the doing of anything for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees, and (b) where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of anything for the purpose of the discharge of those functions.

• (3) Subsections (1) and (2) shall be deemed to have come into force on 16th February 2001.

• (4) The Electoral Commission shall remove from the register kept by it under section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41) any entry that they would not have been required to make had subsections (1) and (2) actually been in force throughout the period beginning with 16th February 2001 and ending with the passing of this Act.

Overview and scrutiny committees: voting rights of co-opted members

115

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

Local polls

116

• (1) A local authority may conduct a poll to ascertain the views of those polled about—

• (a) any matter relating to—

• (i) services provided in pursuance of the authority’s functions, or

• (ii) the authority’s expenditure on such services.

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

• (2) It shall be for the local authority concerned to decide—

• (a) who is to be polled, and

• (b) how the poll is to be conducted.

• (3) In conducting a poll under this section, a local authority must have regard to any guidance issued by the appropriate person on facilitating participation in a poll under this section by such of those polled as are disabled people.

• (4) This section is without prejudice to any powers of a local authority exercisable otherwise than by virtue of this section.

• (5) In this section, “local authority” means—

• (a) in relation to England—

• (i) a county council;

• (ii) a district council;

• (iii) a London borough council;

• (iv) the Greater London Authority;

• (v) the Common Council of the City of London in its capacity as a local authority;

• (vi) the Council of the Isles of Scilly, and

• (b) in relation to Wales, a county council or a county borough council.

Generally accepted accounting practice: power to amend enactments

117

• (1) The appropriate person may by order amend or repeal an enactment relating to a local authority if he considers it appropriate to do so in the light of generally accepted accounting practice as it applies to local government.

• (2) It does not matter for the purposes of subsection (1) whether the enactment itself relates to the accounts of a local authority.

• (3) No order under this section shall be made by the Secretary of State unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

• (4) In this section—

• “enactment” includes an enactment contained in this Act or any Act passed after this Act;

• “local authority” means— a body which is a local authority for the purposes of Part 1, or a parish council, a community council or charter trustees.

Appropriate sum under section 137(4) of the Local Government Act 1972

118

• (1) In section 137 of the Local Government Act 1972 (c. 70) (which enables local authorities to incur expenditure for certain purposes not otherwise authorised), in subsection (4)(a) (which makes provision in connection with the calculation of the maximum amount of such expenditure in any financial year), for “subsection (4AA) below” there is substituted “ Schedule 12B to this Act ”.

• (2) After Schedule 12A to that Act there is inserted—

SCHEDULE 12B (1) This Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority. (2) The sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00. (3) (1) For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula— $A × B C$ (2) A is the sum appropriate to the local authority for the financial year preceding the year concerned. (3) B is the retail prices index for September of the financial year preceding the year concerned. (4) C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies. (5) Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year. (6) References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the Office for National Statistics. (7) If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by that Office. (8) For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month— (a) for which the retail prices index is taken to be 100, and (b) by reference to which the index for the September in question is calculated. (9) In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only— (a) adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and (b) ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths. (4) Before the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above. (5) In paragraph 4 above “the appropriate person” means— (a) as respects England, the Secretary of State; (b) as respects Wales, the National Assembly for Wales. (6) An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions. (7) An order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Use of fixed penalties paid for litter and dog-fouling offences

119

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

Regulation of cosmetic piercing and skin-colouring businesses

120

• (1) Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is amended as follows.

• (2) In subsection (1) (requirement for person carrying on business to be registered), for paragraph (b) (ear-piercing) there is substituted—

(aa) of semi-permanent skin-colouring; (b) of cosmetic piercing; or

(and in the side-note for “ear-piercing” there is substituted “ semi-permanent skin-colouring, cosmetic piercing ”).

• (3) In subsection (2) (requirement to register premises where business carried on)—

• (a) for “ear-piercing” there is substituted “ semi-permanent skin-colouring, cosmetic piercing ”, and

• (b) for “pierce their ears” there is substituted “ carry out semi-permanent skin-colouring on them, pierce their bodies ”.

• (4) In subsection (5) (local authority may not require particulars about individuals whose ears have been pierced etc.), for “or whose ears he has pierced” there is substituted “ , whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring ”.

• (5) After subsection (8) there is inserted—

(9) In this section “semi-permanent skin-colouring” means the insertion of semi-permanent colouring into a person’s skin.

• (6) Schedule 6 (which makes provision about transition) has effect.

Fire brigade establishment schemes: removal of Secretary of State’s functions

121

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

Repeal of prohibition on promotion of homosexuality

122

Section 2A of the Local Government Act 1986 (c. 10) (local authorities prohibited from promoting homosexuality) ceases to have effect.

Chapter 2 — General

Orders and regulations

123

• (1) Any power to make orders or regulations under this Act includes power—

• (a) to make different provision for different cases or areas, and

• (b) to make incidental, supplementary, consequential or transitional provision or savings (including provision amending or repealing any enactment or instrument made under any enactment).

• (2) The power under subsection (1)(a) includes, in particular, power to make different provision for different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

• (3) The generality of the power under subsection (1)(a) shall not be taken to be prejudiced by any specific provision of this Act authorising differential provision.

• (4) No—

• (a) order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or

• (b) regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,

shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

• (5) Any power to make orders or regulations under this Act is exercisable by statutory instrument.

• (6) A statutory instrument that—

• (a) contains an order or regulations under this Act, and

• (b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) Subsection (6) does not apply to a statutory instrument containing an order or regulations made by the National Assembly for Wales.

• (8) This section does not apply to orders under section 128.

General interpretation

124

In this Act—

• “appropriate person” means— in relation to England, the Secretary of State, and in relation to Wales, the National Assembly for Wales;

• “best value authority” means an authority or body which is a best value authority for the purposes of Part 1 of the Local Government Act 1999 (c. 27);

• “financial year” means a period of 12 months beginning with 1st April;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to Isles of Scilly

125

Part 1 and sections 25 to 28 apply to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order provide.

Financial provisions

126

• (1) There shall be paid out of money provided by Parliament—

• (a) any expenditure under this Act of a Minister of the Crown or government department, and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

• (2) Any sums received under this Act by a Minister of the Crown shall be paid into the Consolidated Fund.

• (3) There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums payable out of or into that Fund under any other enactment.

Minor and consequential amendments and repeals

127

• (1) Schedule 7 (minor and consequential amendments) has effect.

• (2) The enactments and instruments specified in Schedule 8 are hereby repealed or revoked to the extent specified there.

• (3) The Secretary of State may by order make provision consequential on this Act amending, repealing or revoking (with or without savings) any provision of an Act passed before or in the same session as this Act, or of an instrument made under an Act before the passing of this Act.

• (4) In this section, “Act” includes a private or local Act.

Commencement

128

• (1) The following provisions shall come into force on the day on which this Act is passed—

• (a) this section and sections 30, 34, 35, 72, 73, 103, 104, 110, 114, 121, 123, 124 and 129;

• (b) paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 51(1), 55 and 60 of Schedule 7, and section 127(1) so far as relating thereto;

• (c) Schedule 8, so far as relating to—

• (i) the Fire Services Act 1947 (c. 41),

• (ii) the Fire Services Act 1959 (c. 44),

• (iii) Schedule 9 to the Local Government Finance Act 1988 (c. 41), and

• (iv) paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),

and section 127(2) so far as relating thereto.

• (2) The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

• (a) Chapter 1 of Part 3;

• (b) sections 38 and 39, so far as relating to England;

• (c) Part 6, except sections 75(2) to (5) and 83;

• (d) sections 87, 88, 91, 93 to 98, 113, 116 and 122;

• (e) paragraphs 41 to 48, 49(a), 50(a), 52 to 54 and 81 of Schedule 7, and section 127(1) so far as relating thereto;

• (f) Schedule 8, so far as relating to—

• (i) section 2A of the Local Government Act 1986 (c. 10),

• (ii) section 28 of the Local Government Act 1988 (c. 9),

• (iii) Part 4 of Schedule 4 to the Local Government and Housing Act 1989 (c. 42),

• (iv) section 25 of the Local Government Finance Act 1992,

• (v) paragraphs 96 and 97 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19),

• (vi) paragraph 5 of Schedule 1 to the Education Act 1996 (c. 56),

• (vii) paragraph 13 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31),

• (viii) section 31 of the Local Government Act 1999 (c. 27) and section 136(1) of the Greater London Authority Act 1999 (c. 29), and

• (ix) section 104 of the Local Government Act 2000 (c. 22),

and section 127(2) so far as relating thereto.

• (3) The following provisions shall come into force on such day as the Secretary of State may by order appoint—

• (a) sections 62(2) and (11), 65, 70(4) to (6), 83, 92(1), 99, 100(1), (2) and (4) to (8), 105 to 108, 109(3) and (4), 111, 112, 115 and 125;

• (b) section 101, so far as relating to England and so far as relating to a best value authority in Wales mentioned in subsection (7) of that section;

• (c) section 109(1), so far as relating to registered social landlords for which the Housing Corporation is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 (c. 52);

• (d) Schedules 4 and 5;

• (e) paragraphs 1, 10, 11, 20, 21, 24(3), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), 36 to 39, 65, 68 to 78 and 80 of Schedule 7, and section 127(1) so far as relating thereto;

• (f) Schedule 8, so far as consequential on any of the provisions mentioned in paragraphs (a) to (e), and section 127(2) so far as relating thereto.

• (4) The following provisions shall come into force on such day as the National Assembly for Wales may by order appoint—

• (a) sections 38 and 39, so far as relating to Wales;

• (b) sections 40, 61(6) and (7), 63, 70(7) to (9), 75(2) to (5) and 92(2);

• (c) section 101, so far as relating to a best value authority in Wales, other than one mentioned in subsection (7) of that section;

• (d) section 109(1), so far as relating to registered social landlords for which the Assembly is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 (c. 52), and section 109(2);

• (e) Schedule 2;

• (f) paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 49(b), 50(b), 51(2), 56 to 58, 66(2), 67 and 79 of Schedule 7, and section 127(1) so far as relating thereto;

• (g) Schedule 8 so far as—

• (i) relating to section 137(4C) of the Local Government Act 1972 (c. 70) and paragraph 30 of Schedule 15 to the Local Government (Wales) Act 1994 (c. 19), or

• (ii) consequential on any of the provisions mentioned in paragraphs (a) to (f),

and section 127(2) so far as relating thereto.

• (5) So far as relating to Scotland, sections 101 and 102 shall come into force on such day as the Scottish Ministers may by order appoint.

• (6) The remaining provisions of this Act—

• (a) so far as relating to England, shall come into force on such day as the Secretary of State may by order appoint, and

• (b) so far as relating to Wales, shall come into force on such day as the National Assembly for Wales may by order appoint.

• (7) Power to make orders under this section is exercisable by statutory instrument.

• (8) Orders under this section may make different provision for different purposes.

• (9) A person who has power under this section to appoint a day for the coming into force of a provision may by order make in connection with the coming into force of that provision such transitional provision or saving as the person considers necessary or expedient.

Short title and extent

129

• (1) This Act may be cited as the Local Government Act 2003.

• (2) Subject to the following provisions, this Act extends to England and Wales only.

• (3) Sections 83(2), 101 and 102 extend also to Scotland.

• (4) The following provisions extend also to Scotland, Northern Ireland and Gibraltar—

• (a) sections 103, 104 and 128,

• (b) this section, and

• (c) paragraph 7(2) of Schedule 7, and section 127(1) so far as relating thereto.

• (5) Section 114 extends also—

• (a) to Scotland, but only so far as (within the meaning of the Scotland Act 1998 (c. 46)) it confers or removes functions exercisable otherwise than in or as regards Scotland, and

• (b) to Northern Ireland.

• (6) Each of sections 123 and 124, so far as relating to any other provision of this Act, has the same extent as that other provision.

• (7) Except as provided by subsection (8), any amendment, repeal or revocation made by this Act has the same extent as the enactment or instrument to which it relates.

• (8) Subsection (7) does not apply to—

• (a) sections 85, 113(3), 114 and 121(a),

• (b) paragraphs 8 and 53 of Schedule 7, and

• (c) the entries in Schedule 8 relating to—

• (i) the Fire Services Act 1947 (c. 41),

• (ii) section 7(1) of the Fire Services Act 1959 (c. 44), and

• (iii) section 33 of the Local Government Act 1988 (c. 9).

SCHEDULE 1

Introductory

1

The following are local authorities for the purposes of this Schedule—

• (a) a parish council;

• (b) a community council;

• (c) charter trustees.

Borrowing

2

• (1) Subject to sub-paragraph (2), a local authority may borrow money—

• (a) for any purpose relevant to its functions under any enactment, or