LocalGovernment Act 1988
CHAPTER 9
LONDON.• HMSO Reprinted 1995
Local Government Act 1988
CHAPTER 9
ARRANGEMENT OF SECTIONS
PART I COMPETITION Preliminary Section Defined authorities. 2. Defined activities. 3. Other definitions.
Works contracts: restrictions 4. Works contracts: restrictions. 5. Works contracts: transitional.
Functional work: restrictions 6. Functional work: restrictions. 7. The conditions. 8. The conditions: further provisions.
Accounts, reports and information 9. Accounts to be kept. 10. Financial objectives to be met. 11. Report for financial year. 12. Information.
Sanctions 13. Notice for purpose of getting infonnation. 14. Power to give directions. A*
Government Government Act 1988 1988 Local Local 9 9 c. c.
Miscellaneous Miscellaneous
Section Section
and and Orders, Orders, regulations, directions. specifications specifications 15. 15.
Supplementary. Supplementary. 16. 16.
II II PA.RT PA.RT
WORKS WORKS PUBLIC PUBLIC SUPPLY CONTRACTS CONTRACTS OR OR
of of authority authority and and other public public Local Local exclusion exclusion 17. 17. contracts: contracts:
non- non-
considerations. considerations. commercial commercial
relations relations Race Race 18. 18. matters. matters.
consequential consequential Provisions Provisions supplementary section section 19. 19. to to 17. 17. or or
on on
of of Duty Duty authorities authorities public public for give give 20. 20. certain certain decisions decisions to to reasons reasons
within within section 17. 17.
of of Transitional Transitional duty duty public authorities regards existing existing 21. 21. lists. lists. as as
of of for for Exclusion Exclusion charges inclusion inclusion in in 22. 22. approved approved list. list.
Commencement. Commencement. 23. 23.
III III PART PART
LET LET HOUSING ACCOMMODATION ACCOMMODATION PRIVATELY PRIVATELY
provide provide financial financial for for privately housing housing Power Power to to assistance let let 24. 24.
accommodation.. accommodation..
of of Consent Consent required for provision financial financial assistance 25. 25. etc. etc.
Consents Consents under section section 25. 25. 26. 26.
IV IV PART PART
GENERAL GENERAL MISCELLANEOUS MISCELLANEOUS AND AND
Miscellaneous Miscellaneous
publicity. publicity. authority authority Local Local 27. 27.
Prohibition Prohibition promoting homosexuality homosexuality teaching by by by by 28. 28. on on or or
publishing publishing material.
administration. administration. Local Local 29. 29. government government
of of Additional Additional auditors authorities for for local local 30. 30. etc. etc. powers powers
Land Land public public bodies. held held by by 31. 31.
labour labour Direct Direct organisations. 32. 32.
authority authority Local Local companies. 33. 33.
Arrangements Arrangements under Employment and Training Act Act 34. 34. 1973. 1973.
of of Amendment Amendment Government (Scotland) (Scotland) Act Local Local 1973. 1973. 35. 35.
Commutation Commutation of of smallholdings 36. 36. payments. payments.
registration registration Dog Dog scheme. scheme. 37. 37.
of of Abolition Abolition duty duty dog licences. licences. 38. 38. on on
of of Control Control dogs. dogs. 39. 39. stray stray
General General
Finance. Finance. 40. 40.
Repeals. Repeals. 41. 41.
Citation Citation and and 42. 42. extent. extent.
SCHEDULES: SCHEDULES:
Schedule Schedule 1—Competition.
works works public Schedule Schedule 2—Public supply the the contracts: contracts: or or
authorities. authorities.
administration. administration. Schedule Schedule 3—Local 3—Local government government Local Government Act 1988 c. 9 iii
Schedule 4—Sections to be inserted in Part III of Local Government Finance Act 1982. Schedule 5—Land held by public bodies. Schedule 6—Direct labour organisations. Schedule 7—Repeals.
ELIZABETH II c. 9
Local Government Act 1988
1988 CHAPTER 9
An Act to secure that local and other public authorities undertake certain activities only if they can do so competitively; to regulate certain functions of local and other public authorities in connection with public supply or works contracts; to authorise and regulate the provision of financial assistance by local authorities for certain housing purposes; to prohibit the promotion of homosexuality by loôal authorities; to make provision about local authorities' publicity, local government administration, the powers of auditors, land held by public bodies, direct labour organisations, arrangements under the Employment and Training Act 1973, the Commission for Local Authority Accounts in Scotland, the auditing of accounts of local authorities in Scotland, and dog registration, dog licences and stray dogs; and for connected purposes. [24th March 1988]
E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and c.nsent of the Lords Spiritual and Temporal, B and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I
COMPETITION
Preliminary
1 .—( 1) For the purposes of this Part each of the following is a defined Defined authority— authorities. (a) a local authority,
Local Local 9 9 2 2 Government Government Act 1988 1988 c. c.
PART PART urban urban
development development (b) (b) I I corporation corporation order order established established by by an an
an an
of of under under the the Government, Planning section section Local 135 135 and and Land 1980 1980 65.
c. c.
Act Act 1980, 1980,
of of corporation corporation for for the development development established established (c) (c) purposes purposes a a a a new
town, town,
Commission Commission (d) (d) for for the the the New Towns,
authority authority constituted constituted under police police (e) (e)
of of
section section the the Police Act 2 2 48. 48. 1964 1964 a a
c. c.
of of that 3(l) 3(l) mentioned mentioned Act, Act, established in in section 1964 1964 or or as as or or
of of
section section the Local by by 24 24
Government Government Act Act 25 25 1985, 1985 1985 51. or or c. c.
authority authority constituted combination combination by by fire fire (f) (f) and and scheme scheme a a a a a
metropolitan metropolitan and and fire fire civil civil authority, authority, county county defence defence
London London Authority, Authority, the the Fire and Defence Defence Civil Civil (g) (g)
metropolitan metropolitan (h) (h) authority, authority, transport transport county county a a passenger passenger
authority authority order order established established by (i) (i) of of under under the the section section 10(1) 10(1) an an an
Government Government disposal), disposal), Local Local Act (waste (waste 1985 1985
joint joint education education committee committee established (j) (j) order order under by by
an an a a
paragraph paragraph
of of Part Part of of Education Education the the II II Schedule
3 3 to to Act 1 1 1944 1944 3!. 3!. 1944 1944
c. c.
Inner Inner London Education Authority, and and the the
board board development development in (k) (k) and and Scotland, Scotland, water water a a
Scottish Scottish Special Special (1) (1) Housing Housing Association. the the
of of In In the application this this (2) (2) Part Part and and "local "local England England Wales, Wales, to to
authority" authority" subsection subsection above in in (1) (1) means— means—
London London borough district district council, council, council, council, (a) (a) county county council, council,
a a a a
parish parish community community council, council, of of the the Council the council council Isles Isles or or a a a a
of of Scully; Scully;
of of of London London Common Common capacity capacity the the the City Council Council (b) (b) in its
as as
authority authority authority. authority. police police local local or or
of of application application In In the Scotland, Scotland, subsection this this (3) (3) Part Part to to above— above— in in (1) (1)
authority" authority" "local "local (a) (a) district district council council regional, regional, islands or or means means a
or or
joint joint joint joint board board committee committee within the of of meaning meaning the the or or any any
Government Government (Scotland) (Scotland) Local Local and and Act Act 1973, 1973, 65. 65. 1973 1973 c. c.
board" board" "water "water development development meaning has has the (b) (b) section section in in same same as as
of of
the the Water (Scotland) 109(1) 109(1) Act Act 1980. 1980. 1980 1980 45. c. c.
In In where defined defined (4) (4) authorities authorities under two two or or arrange
more more a a case
section section 101 101 ajoint ajoint of of the the Local Government for for the discharge Act Act 1972 1972 by by 1972c. 1972c. 70. 70.
of of of of of their their theirs theirs functions, the committee committee committee itself itself shall shall be be
any any
authority authority treated treated for for defined defined of of Part Part this this the the its in in purposes purposes as as a
application application England England and and Wales. Wales. to to
of of for for this this This This section the the applies applies 2.—(1) 2.—(1) Part. Part. Defined Defined activities. purposes purposes
of of the the Each Each defined defined activity— following following (2) (2) is a a
of of collection collection refuse, refuse, (a) (a)
of of cleaning cleaning buildings, buildings, (b) (b)
other other cleaning, cleaning, (c) (c)
of of catering catering for (d) (d) and and schools schools welfare, welfare, purposes purposes
other other catering, catering, (e) (e)
of of maintenance maintenance (1) (1) ground, ground, and and Local Government Act 1988 c. 9 3
(g) repaii and maintenance of vehicles; PART I and Schedule I to this Act applies for the purpose of interpreting the preceding provisions of this subsection. (3) The Secretary of State may by order provide for an activity to be a defined activity by adding a paragraph to those for the time being appearing in subsection (2) above. (4) Before making an order under subsection (3) above, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate. (5) Where work would (apart from this subsection) fall within more than one defined activity it shall be treated as falling only within such one of them as the authority carrying out the work decide. (6) Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity. (7) If a defined authority carry out work which (apart from this subsection) would not fall within a defined activity, and which in their opinion cannot be carried out efficiently separately from a particular defined activity, the work shall (if they so decide) be treated as falling within that defined activity. (8) Work which would (apart from this subsection) fall within a defined activity shall not do so if it is calculated to avert, alleviate or eradicate the effects or potential effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property. (9) The Secretary of State may provide by order that any activity specified in the order, if carried out by a defined authority or authorities so specified, shall not be treated a defined activity so long as conditions so specified are fulfilled.
3.—( 1) This section applies for the purposes of this Part. Other definitions. (2) "Works contract" means a contract constituting or including an agreement which provides for the carrying out of work by a defined authority. (3) But a contract is not a works contract if it constitutes or includes an agreement providing for a defined authority to discharge the functions of a Minister of the Crown, another defined authority or (in the application of this Part to England and \Vales) a water authority. (4) "Functional work" means— (a) work carried out by a defined authority, other than work carried out under a works contract; and (b) work which is carried out otherwise than by a defined authority but which is dependent upon, or incidental or preparatory to, other work which, by virtue of paragraph (a) above, is functional work in relation to that authority; and work carried out as mentioned in paragraph (b) above shall be treated as carried out by the defined authority.
Local Local 4 4 9 Government Government Act 1988 1988 c. c.
"Financial "Financial (5) (5) PART PART of of I I year" year" months months period period beginning beginning with with 12 12 1st 1st means means a a
April. April.
Works Works restrictions restrictions contracts: contracts:
If If authority authority authority) bidding bidding defined defined (a 4.—(1) 4.—(1) Works Works propose propose enter enter to to a a contracts: contracts:
another another works works with with restrictions, restrictions, other other party) and under into into (the (the the contract contract a a person person
authority authority work work bidding bidding falling falling within the the contract contract to to out are are carry a a
authority authority bidding bidding activity, activity, the defined defined into into the the contract contract not not enter
may may
unless— unless—
of of condition condition alternative alternative the the second second the the first first first (a) (a) fulfilled, fulfilled, is is or or
and and
condition condition the the second (b) (b) fulfilled. is is
alternative alternative The The first first (2) (2) of of that— that— condition condition the the first is is
of of made made bidding the the the the by by (a) (a) is is authority's authority's contract contract acceptance acceptance
offer offer out out work, work, the the to to carry carry
(b) (b)
authority authority made made bidding bidding the the in the the offer offer invitation invitation to to response response an
other other submit submit and such such the the by by offers, party party to to
invitation invitation the the (c) (c) other other made made who who least least three to to at persons persons was was
are are
of of and and work work the the kind concerned, who who willing willing not not carry carry out to to are are
authorities authorities include include least least three who defined defined at at not not or or persons persons are are
authorities. authorities. defined defined
of of regulations regulations State State The The Secretary by by (3) (3) vary— vary— may may
of of the the invitation invitation number number made under whom whom be be (a) (a) must must to to persons persons an
and and subsection subsection above; above; (2) (2) (c)
of of minimum minimum number those who who defined the the be be (b) (b) not not persons persons to
are are
authorities. authorities.
of of alternative alternative condition the the before The The second second first is is (4) (4) that that entering entering
the the
other other published, published, into into least the the in in contract contract party at at one one newspaper newspaper
the the work carried carried circulating circulating the locality which which be be in in in is is to to out out and least least at at
publication publication circulating of of work work the the who who out out among among carry carry persons persons one one
kind kind concerned,
notice notice inviting submit offers offers to to to to the the out out persons persons a a carry carry
work. work.
condition condition The The second the (5) (5) that that into into other other entering entering the the in in is is party, party,
anything anything and and doing doing
Part) Part) required required (whether (whether by by this else else in in contract contract not not or or
connection connection the the before before entering with with it, did in in contract contract into in in not not act act
a a
the the having having effect effect of of intended intended have have the likely likely effect effect to to manner manner or or or
distorting distorting preventing competition. restricting, restricting, or or
(apart (apart Anything Anything from from subsection) subsection) would which which this this (6) (6) amount amount to to
a a
failure failure
of of alternative alternative condition, second second the the the the the first first first fulfil fulfil to to or or or or
do do condition, condition, second second the the time the shall shall unless, unless, not not is is contract contract at at so so
proposed proposed bidding bidding entered entered into, authority authority of the the the the be be to to are are aware
failure. failure.
applies applies (7) (7) is This This into into proposed proposed where where the works section section it it enter enter to to
after after April April 1989. 1989. 1st 1st contract contract on on or or
Where— Where— 5.—( 5.—(
1) 1) Works Works contracts: contracts:
transitionaL transitionaL
authority authority bidding bidding authority) entered into (as (as defined defined (a) (a) works works a a a a a
April April (and whether before before 1989 1989 before before the 1st 1st not not contract contract or or
of of and and this this Act), passing passing Local Government Act 1988 c. 9 5
(b) had they entered into the contract on 1st April 1989 they would PART I have infringed section 4 above, on that date the parties to the contract shall cease to have power to carry it out. (2) If the contract is governed by English law and the parties to it do not make other provision before 1st April 1989, the Law Reform (Frustrated 1943 c. 40. Contracts) Act 1943 shall apply to the contract with effect from that date.
Functional work: restrictions 6.—( 1) A defined authority may not carry out functional work falling Functional work: within a defined activity unless each of the six conditions is fulfilled, restrictions. (2) The conditions mentioned in subsection (1) above are those set out in section 7 below, which shall have effect subject to section 8 below. (3) This section applies only if the work falls within such a defined activity, is of such a description, is proposed to be carried out by such defined authority or authorities, and is proposed to be carried out on or after such date (not preceding 1st April 1989), as the Secretary of State may by regulations specify. (4) The regulations may provide that where a defined authority propose to carry out functional work which falls within a defined activity specified in the regulations (whether or not by virtue of section 2(5) or (7) above) and to which this section would not otherwise apply, it shall (if the authority so decide) be treated as work to which this section applies. (5) This section applies even if the work forms part of work begun before any date specified in the regulations, but references in this section and the following provisions of this Part to the work do not include references to any work carried out before such date.
7.—(I) The first condition is that, before carrying out the work, the The conditions. authority published, in at least one newspaper circulating in the locality in which the work is to be carried out and at least one publication circulating among persons who carry out work of the kind concerned, a notice containing the matters mentioned in subsection (2) below.
(2) The matters are—--- (a) a brief description of the work, (b) a statement that during a period specified in the notice any person may inspect a detailed specification of the work free of charge at a place and time specified in the notice, (c) a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of such charge as is specified in the notice, (d) a statement that any person who may wish to carry out the work should notify the authority of that fact within a period specified in the notice, and (e) a statement that the authority intend to make, in accordance with the third condition, an invitation to carry out the work. (3) The second condition is that— (a) the periods, place, time and charge specified in the notice are reasonable,
Local Local Act Act Government Government 1988 1988 9 9 6 6 c. c.
I I PART PART authority authority made made work, work, the before before carrying the the (b) (b) detailed detailed out out
a a
of of specification specification the available of of and and for for inspection, inspection, work work copies copies
and and accordance accordance available available for supply, it it with the notice, in in
the the detailed includes specification specification (c) (c) of of the the period statement statement a a
during during carried carried which which the work be be is is to to out. out.
if if that, that, third third condition The The the the notified notified (4) (4) is is authority authority in in person person any any
under under accordance accordance with with the subsection subsection above, above, the (2)(d) (2)(d) statement statement
authority authority made made invitation accordance the the work in in out out to to with with the carry carry an an
following following rules— rules—
authority authority the the invitation the carrying made made before before (a) (a) by the the out out was was
than than work, work, and less less 3 3 not not than months after 6 6 nor nor more more
with with condition; condition; complying complying first first .the .the
if if than than three three (b) (b) who authorities authorities defined defined not not more more
persons persons are
notified notified
of of authority, authority, least least three them the the invited; at at were were
than than four four if if who who defined defined less less (c) (c) authorities authorities notified notified not not persons persons are
of of authority, authority, them them the the each invited; was was
if if authority authority authorities authorities defined defined (d) (d) defined the the notified notified or or a a
authority, authority, (if (if such such of of authority authority the the any) any) them or or more more one one as. as.
decided decided invited. invited. was was
of of (5) (5) paragraphs paragraphs regulations regulations amend The The State State by by Secretary. Secretary. (b) (b) may may
of of of and and number number above above subsection subsection the the (4) (4) (c) (c) to to who who vary vary as as
persons persons so so
authorities authorities invited invited who who defined defined be be not not must must work work in in out out to to are are carry carry
particular particular circumstances. circumstances.
condition condition before before that that fourth fourth The The carrying carrying the work the is is (6) (6) out out
labour labour authority, authority, through organisation organisation their their direct similar similar or or a a
organisation, organisation, prepared indicating indicating their written written bid wish wish to to the out out carry carry a a
work. work.
(7) (7) that that authority, authority, condition condition the the The The reaching the decision fifth fifth in is is
that that and and should should doing doing anything (whether (whether the the work they they in in else else out out carry carry
connection connection required required Part) with with by by this in in not not the the work before reaching or or
intended intended the the did did having the in in decision, decision, effect effect not not act act likely likely manner manner or or a a
of of have have the restricting, restricting, effect effect distorting distorting to to preventing competition. or or
that that authority authority condition condition carrying carrying The The sixth work the in in the (8) (8) is out out
of of mentioned mentioned comply comply with the detailed specification specification in it it subsections subsections (2) (2)
and and above. above. (3) (3)
If If of of
the the State State provides provides Secretary Secretary 8.—{l) 8.—{l) the the regulations, regulations, second second by by The The conditions: so so
further further if if condition condition treated treated the period stated virtue virtue shall shall by by fulfilled fulfilled be be provisions, provisions, of of not not as as
above— above— section section 7(3)(c) 7(3)(c)
period period the the regulations; (a) (a) exceeds specified specified in a a
than than another another period (b) (b) specified. specified. less less is is so so
of of provides provides (2) (2) If If the the regulations, the third Secretary Secretary State by by so so
treated treated condition condition shall shall unless— be be fulfilled not not as as
invitation invitation of of the the included prescribed prescribed (a) (a) matters matters contents contents any any
the the for for responding, relate relate time time allowed (which (which to to the the may may
of of method method responding, responding, and and otherwise), otherwise), or or Local Government Act 1988 c. 9 7
(b) if any response was made to any invitation, before carrying out PART I the work the authority complied with prescribed requirements as to responses (which may include requirements to disregard certain responses, requirements about the keeping or opening of responses, or otherwise); and "prescribed" here means prescribed by the regulations.
(3) The fourth condition shall not be treated as fulfilled unless the bid is prepared in accordance with the following rules— (a) if the authority would, assuming it were an independent contractor, charge for carrying out the work, the bid must provide for an item to be credited to any account kept (or to be kept) by the authority as regards the work under section 9 below, (b) if the authority would, assuming it were an independent contractor, pay for the right to carry out the work, the bid must provide for an item to be debited to any such account, (c) in the case of an item to be credited, the bid must state either what the authority intend as its maximum amount or the method by which they intend to calculate its maximum amount, (d) in the case of an item to be debited, the bid must state either what they intend as its minimum amount or the method by which they intend to calculate its minimum amount, and (e) a statement mentioned in paragraph (c) or (d) above may include provision for any intended amount or method to vary with changes in circumstances.
(4) If the Secretary of State so provides by regulations, the fourth condition shall not be treated as fulfilled unless before carrying out the work the authority complied with requirements prescribed by the regulations as to the bid (which may include requirements about the preparation, keeping or opening of the bid, or otherwise).
(5) If the Secretary of State so provides by regulations, the fifth condition shall not be treated as fulfilled unless— (a) in accordance with prescribed requirements there is prepared and certified a document which appraises and fulfils such other conditions as may be prescribed with respect to responses falling within subsection (2) above and the bid referred to in subsection (3) above; and (b) at such time or times (prior to reaching the decision referred to in section 7(7) above) as may be prescribed, copies of that document are provided or made available in accordance with any prescribed requirements; and "prescribed" here means prescribed by the regulations.
(6) Where any document is provided or made available in accordance with the requirements of regulations under subsection (5) above, the publication thereby of any defamatory matter in the document shall be privileged unless the publication is proved to be made with malice.
8 8
Government Government Local Local 1988 1988 9 9 Act Act c. c.
PART PART I and and information information Accounts, Accounts, reports reports
This This section section applies where
9.—( 9.—( 1) 1) authority authority defined defined Accounts Accounts be the the in in carry carry out, a a to to
financial financial
kept. kept. subsequent subsequent beginning beginning financial financial in in in in 1989 1989 work work or or year year year, year, a a
condition condition and and the the within within activity which which defined defined falls falls fulfils fulfils that— that— a a
carried carried under works works which which (a) (a) it is is contract contract out out above to to section 4 4 a a
applies, applies, or or
above above section section (b) (b) applies applies it. it. 6 6 to to
For For each each financial carried carried work work the the which which the (2) (2) in is is out, out, year year
authority authority regards regards work work shall shall keep which all all falls that that account account within within an an as as
that that carried carried them them and and activity, activity, in in by by fulfils fulfils is is out out that condition. condition. year year
work work Where Where within the activity falling falling (3) (3)
is is under under carried carried out out any any
a a
authority authority works works shall shall contract, contract, under under the the credit the kept to to account this this
regards regards the activity for section section the financial work work which which the in in is is as as year year
carried carried
the the such such specified specified in in is is out out amount contract, contract, ascertained ascertained an an as as
or or
under under the the for carrying work price price it, it, that that out out the the in in as as year. year.
functional functional Where Where work falling within the activity (4) (4) is is work, work, the the any any
authority authority kept kept under in in the shall shall account account regards regards the enter, enter, this this section as as
for for the the activity activity financial financial which which carried carried the the work in in is is out, out, such such item year year
is is authority authority intention intention the the expressed expressed by by to to out in in carry carry any any necessary necessary as as
relation relation prepared under bid bid the the work above. section section in in 7(6) 7(6) to to any any
of of The The Secretary specify— specify— (5) (5) State State may may
kept kept under entered entered (a) (a) items which be be in accounts accounts this this section to to are are
addition addition virtue virtue items items by be be (in (in of of to to entered subsections subsections (3) (3) to to
and and above), above), and and (4) (4)
of of of method method determining determining the the the the (b) (b)
entered entered item item be be amount amount to to any any
of of virtue virtue the by by specification. specification.
No No credited credited item item be be (6) (6) to to kept kept under this this section account account an an may may
required required
item item above above credited credited subsection except except be by by (4) (3) (3) to to by by an an
or or or
of of virtue virtue specification specification under under subsection subsection above. above. (5) (5) a a
under under Where Where authority authority required required section section keep this this (7) (7) is is to to account an an
an an
of of work work activity, activity, falling falling within defined defined of of nothing nothing section section the 2(2) 2(2) in in a a
Authorities Authorities Local Local
(Goods (Goods and taken taken Act Act shall shall Services) Services) be be 1970 1970 1970 1970 require require 39. 39. to to
c. c.
authority authority the the keep in in of of separate separate account for for to to agreement agreement respect respect a a any any
of of that carrying carrying the the work. work. out out
authority authority
This This section applies where defined defined 10.— 10.— Financial Financial (1) (1) the the in in out, out, a a
carry carry
objectives objectives beginning beginning financial financial financial in in in in 1989 1989 be be work work subsequent subsequent to to year year or or year, year,
a a
met. met. within within activity which which defined defined falls falls that— that— condition condition and and the the fulfils fulfils a a
under under carried carried works works which which (a) (a) it is is out out above above section section 4 4 contract contract to to a a
applies, applies, or or
above above applies section section (b) (b) it. it. 6 6 to to
authority authority The The shall shall
that that such such financial objective (2) (2) the the secure secure as as
of of Secretary Secretary for the concerned State State specify specify by— by— is is may may met met year year
that that for for work work the the within which which (a) (a) falls falls all all carried carried activity, activity, is is revenue revenue
that that
them them by by in in that that condition, condition, and and fulfils fulfils out out year year or or
that that adjusted adjusted (b) (b)
additions additions subtractions making making such such by by revenue, revenue, or or
(or (or both) required the the specification. specification. be be by by may may as as Local Government Act 1988 c. 9 9
(3) The reference in subsection (2) above to the revenue for the work PART I concerned is to the aggregate of the items credited to the account kept under section 9 above as regards the work. (4) A specification under this section may define the financial objective concerned by reference to such factors as the Secretary of State thinks fit.
11.— (1) This section applies where a defined authority carry out, in the Report for financial year beginning in 1989 or in a subsequent financial year, work financial year. which falls within a defined activity and fulfils the condition that— (a) it is carried out under a works contract to which section 4 above applies, or (b) section 6 above applies to it. (2) The authority shall prepare a report for the financial year concerned, containing as regards all work which falls within that activity, is carried out by them in that year and fulfils that condition— (a) a summary of the account kept for that year under section 9 above as regards the work, (b) a statement showing whether the requirement under Section 10 above has been fulfilled for that year as regards the work, (c) a statement identifying such of the work (if any) as falls only within the activity by virtue of a decision under section 2(5) above, (d) a statement identifying such of the work (if any) as falls within the activity by virtue of a decision under section 2(7) above, and (e) a statement identifying such of the work (if any) as is work to which section 6 above applies by virtue of a decision under section 6(4) above. (3) The summary referred to in subsection (2)(a) above shall present fairly the financial result, during the financial year concerned, of the work having been carried out and shall be expressed in such form as the Secretary of State may specify. (4) A report under this section shall also contain, as regards the work, such other information (and expressed in such form) as the Secretary of State may specify. (5) A report under this section shall also contain such information (and expressed in such form) as the Secretary of State may specify as regards work which falls within the defined activity, was carried out by the authority in the financial year preceding the financial year concerned, and fulfils the condition that— (a) it was carried out under a works contract to which section 4 above applies, or (b) section 6 above applies to it. (6) The report may contain such other information as the authority think fit. (7) The report must be prepared not later than 30th September in the financial year following that for which it is prepared, and the authority concerned shall send a copy to the Secretary of State and to their auditor not later than 31st October in the financial year following that for which it is prepared.
Local Local Government Government 9 9 1988 1988 10 10 Act Act c. c.
authority's authority's auditor has has Where Where been been 1 1 (8) (8) of of in in report report sent sent an an a a copy a a
accordance accordance with subsection above, above, consider consider the he he shall (7) (7) statement statement
contained contained of of and and virtue virtue subsection subsection the the above, above, shall shall (2)(b) (2)(b) in in by by report report give give
and and authority authority written written opinion the the his his the statement statement to the the Secretary Secretary to to
on on
of of State. State.
For For of of authority's authority's and and above above the the subsections (8) (8) (9) (9) (7) purposes purposes an an
auditor auditor under under appointed, appointed, the the who is is is for for enactment enactment the the person person any any
authority's authority's audit audit prepared, prepared, the the for for the the financial financial which which is is report report to to year year
accounts. accounts.
If If authority, authority, having having decided decided defined defined 12.— 12.— (1) (1) functional functional Information. Information. out out to to carry carry a a
work work above above applies, which which section
requested requested supply by by 6 6 to to to to are are person person a a
the the with falling within subsection (2) (2) statement statement below, below, they shall shall person person a a
supply supply such the statement statement to to person. person. a a
this this A A within within subsection subsection falling falling is is (2) (2) statement statement written statement statement
a a
showing— showing—
authority's authority's the the the work, decision decision (a) (a) to to carry carry out
the the financial financial provisions shown
(b) (b)
(if (if each each any) offer offer in in to to out
carry carry
the the under under invitation invitation made work work made in in to to section section response response an
and and above, above, 7(4) 7(4)
of of the the provisions provisions the the financial financial (c) (c) prepared prepared undet bid bid section section 7(6) 7(6)
above above the the relation relation work. in in to to
Subsections Subsections required required apply apply below below (4) (4) (3) (3) (6) report report to to to to be be any any to to
prepared prepared under section section above. above. 11 11
and and authority stated stated Any Any place place time by by (4) (4) at at who who person person may, may,
an an a a
of of prepared prepared the the inspect inspect have have charge. free free report, report, report report a a
authority authority prepared prepared An An who who have shall shall
(5) (5) supply supply (on (on report report copy copy a a a a
request) request)
authority authority charge charge who who such the to to any any person pays pays as may may
reasonably reasonably require. require.
authority authority publish publish least least shall shall A A defined in in (6) (6) at at appropriate one one
notice notice of— of— newspaper newspaper
and and the the place place which time time (a) (a) prepared prepared authority authority the the by by at at report report any any
accordance accordance inspected inspected be be with with subsection above, in in (4) (4) may may
that that the the
(b) (b) of of the the available available for supply fact fact copies copies report report in in are are
and and accordance accordance with subsection above, above, (5) (5)
for for the the (c) (c) charge charge each each copy. copy.
of of For For appropriate appropriate subsection subsection the the above (6) (6) (7) (7) an an purposes purposes newspaper newspaper
is— is—
of of the the the Commission (a) (a) in
national national for for the New Towns, case case a a
and and newspaper, newspaper,
of of in in (b) (b)
other other authority, authority, the the defined defined any any case case a a newspaper
circulating circulating their in in area. area.
Sanctions Sanctions
If If of of that the the it it 13.— 13.—
(1) (1) State State Secretary Secretary in the financial for for to to Notice Notice appears appears
year year
beginning beginning in in of of
getting getting
authority— authority— subsequent subsequent financial in in defined defined 1989 1989 purpose purpose or or a a
year year a
information. information.
have have bidding (a) (a) authonty) authonty) entered entered (as (as . . . . contract contract into into to to out out a a a carry carry
of of contravention contravention work work and done done in above, above, section section have have 4 4 so so Local Government Act 1988 c. 9 11
(b) have darned out work in circumstances where any of the six PART I conditions required to be fulfilled as regards the work by section 6 above has not been fulfilled, (c) have carried out work in circumstances where section 9 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to an account required by that section to be kept for the year concerned as regards the activity, (d) have carried out work in circumstances where section 10 above has not been complied with for the year concerned in relation to the defined activity within which the work falls, or (e) have carried out work in circumstances where section 11 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to a report required by that section to be prepared for the year concerned as regards the activity, he may serve on the authority a written notice falling within subsection (2) below. (2) The notice is one which— (a) informs the authority that it appears to him that in a financial year identified in the notice they have acted as mentioned in one of the paragraphs (so identified) of subsection (1) above, (b) identifies the work concerned and states why it so appears, and (c) contains the requirement mentioned in subsection (3) below. (3) The requirement is that the authority submit to him within such time as is specified in the notice a written response which— (a) states that they have not acted as mentioned in the paragraph concerned of subsection (1) above and justifies the statement, or (b) states that they have acted as so mentioned and gives reasons why he should not give a direction under section 14 below. (4) Where work is specified under section 6(3) above as a proportion of particular work, the reference in subsection (2)(b) above to work is to the work of which the proportion forms a part. (5) The Secretary of State may serve on an authority different notices under this section identifying the same financial year and the same work, whether they identify the same paragraph or different paragraphs of subsection (1) above.
14.— (1) Subsection (2) below applies where— Power to give (a) the Secretary of State has served a notice on an authority under directions. section 13 above, (b) the time specified in the notice has expired (whether or not he has received a written response to the notice), and (c) it still appears to him that the authority have acted as mentioned in the paragraph concerned of section 13(1) above. (2) The Secretary of State may direct that with effect from such date as is specified in the direction the authority— (a) shall cease to have power to carry out any work falling within the appropriate activity,
Local Local 9 9 Government Government 12 12 Act Act 1988 1988 c. c.
I I PART PART have have shall shall (b) (b) to to within work work falling falling such such to to out power power carry cease cease
that that activity activity the the direction, identified identified in in is is as as
shall shall (c) (c) work work within only only have falling that that to to out carry carry power power
if if conditions conditions activity activity such such specified specified
direction direction the the in in are are as as
are are
fulfilled, fulfilled, or or
regards regards work shall, shall, such (d) (d)
that that activity activity falling falling within is is as as
as as
identified identified
direction, direction, only only have it the the in in if if such such out out to to carry carry power power
conditions conditions specified specified the the direction in in fulfilled. fulfilled. are are are are as as
of of under under State State has direction subsection Where Where the Secretary given given (3) (3) a a
above above this this subsection (the
(2) (2)
previous previous direction) he give give or or may may a a
that that direction direction date with with from direction) direction) such such (a (a effect effect is is specified specified new new as as
direction— direction— the the in in new new
of of prohibition prohibition virtue virtue applying applying the the by by (a) (a) direction direction previous previous any any
prohibition prohibition (whether (whether the
if if outright outright conditions conditions applies applies
or or are are
apply, apply, fulfilled) fulfilled) shall to to not not cease cease
outright outright prohibition applying applying (b) (b) of of virtue virtue the the previous by by any any
direction direction prohibition prohibition applying applying replaced replaced by by is is regards regards the (as (as a a
if if conditions conditions work) work) specified specified
direction direction the the in in not not same same new new
are are
fulfilled, fulfilled, or or
prohibition prohibition (c) (c) applying applying regards regards work work by virtue of of the the any any as as
prohibition prohibition
previous previous direction (whether the outright outright applies applies
or or
if if conditions conditions
fulifiled) fulifiled) prohibition prohibition replaced replaced which which by by is is not not are are
a a
of of that work work such such the the applies applies only identified identified in is is to to as as new
but but direction direction the the otherwise otherwise which which in in is is the the terms terms same same as as
prohibition prohibition previous previous direction. in in the
If If the the of of authority authority that that under under State State directs Secretary Secretary this this section (4) (4) an an
shall shall have shall shall out out work, to to only only have to to carry to to cease cease or or power power power power
if if work work certain conditions have have the the direction shall shall fulifiled, fulifiled, out out carry carry are
of of notwithstanding notwithstanding virtue virtue by by which effect effect enactment enactment required required they they any any
are are
the the authorised authorised do do work work it it without the the do do (as (as be) be) to to to to the or or or or may may case case
for for the need need conditions conditions be be fulfilled. to to
"the "the In In this this (5) (5) appropriate appropriate activity" activity" activity activity the the section section defined defined means means
within within in the the the work which which identified notice notice concerned falls. falls.
Miscellaneous Miscellaneous
order order 15.—(1) 15.—(1) The section section under under make make above above to to shall shall be be 2(3) 2(3) Orders, Orders, power power an
instrument, instrument, and order exercisable exercisable by such shall be be regulations, regulations, statutory statutory made made
no no
and and specifications specifications
draft draft of the the order laid laid
and and approved resolution has has been been before by by a a
directions, directions, each each of of of of House House Parliament. Parliament.
order order The The make (2) (2) under under above above section section shall shall be 2(9) 2(9) to to an an power power
instrument instrument annulment annulment subject subject exercisable exercisable by of of statutory statutory in in to to
pursuance pursuance
resolution resolution of of of Parliament. Parliament. either either House House a a
of of under under The The make regulations sections sections (3) (3) above above to to 4 4 8 8 power power to any any
shall shall be exercisable by instrument instrument annulment subject subject statutory statutory to to in in
of of of of either either House Parliament. resolution resolution of of pursuance pursuance a a
under under The The section above, above, specify specify (4) (4) and and the the to to 9, 9, 10 10 11 11 power power or or power power
direction direction under give give above, above, shall in writing. section section be be exercised 14 14 to to a a Local Government Act 1988 c. 9 13
(5) An order under section 2(9) above, and a specification under section PART I 9, 10 or 11 above, may make different provision for different cases or descriptions of case (whether for different areas, different defined authorities or kinds of authority, different defined activities, or otherwise).
(6) Regulations under any of sections 4 to 8 above may make different provision for different cases or descriptions of case (whether for different areas, different defined authorities or kinds of authority, different defined activities, different kinds of work falling within the same activity, or otherwise). (7) Any order, regulations, specification or direction mentioned in this section may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient. (8) In particular— (a) an order under section 2(3) above may include provision amending or adapting any provision of this Act for the purpose of interpreting any paragraph added by .the order or for purposes of commencement or otherwise, and (b) a direction under section 14 above may include provision with respect to work in progress or outstanding contractual commitments.
16.—(1) No provisioh of this Part relating to accounts shall prejudice Supplementary. any provision of Part III of the Local Government Finance Act 1982, or 1982 C. 32. Part VII of Local Government (Scotland) Act 1973, relating to the 1973 c. 65. accounts. (2) Nothing in sections 13 and 14 above shall prejudice any remedy available to a person (apart from those sections) in respect of a failure to observe a provision of this Part.
(3) In Schedule 1 to the Local Government Finance Act 1987 (list of 1987 c. 6. accounts) the following shall be inserted after paragraph 13— "14. Any account kept under section 9 of the Local Government Act 1988."
PART II
PUBLIC SUPPLY OR WORKS CONTRACTS
17.—(l) It is the duty of every public authority to which this section Local and other applies, in exercising, in relatiOn to its public supply or works contracts, public authority any proposed or any subsisting such contract, as the case may be, any contracts: function regulated by this section to exercise that function without non- reference t? matters which are non-commercial matters for the purposes commercial of this section. considerations. (2) The public authorities to which this section applies are those specified in Schedule 2 to this Act. A*2
Local Local Government Government 9 9 14 14 Act Act 1988 1988 c. c.
II II
The The public public supply works which which (3) (3) contracts contracts for the the contracts contracts
are are or
of of
for for the the this this section of of contracts contracts goods goods materials, supply supply purposes purposes
are are
or or
of of for for supply the the services services of of but but for for the the this this execution execution works; section section or or
into into relation relation apply apply entered does does before in in not not contracts contracts to to the the
of of this this section. section. commencement commencement
The The functions regulated this this by by section (4) (4) are— are—
of of the the inclusion in in of of persons persons from— the the exclusion (a) (a) or or persons persons
of of approved approved for list list (1) (1) of of public public the the any any persons purposes purposes
works works authority, authority, supply supply with with the contracts contracts or or or or
of of list list (ii) (ii) for for from from whom tenders such such persons persons any any
invited; invited; be be contracts contracts may may
proposed proposed in in relation relation public public supply works (b) (b) to to with with contract contract or or a a
authority— authority— the the
of of the the inclusion
(i) (i) of of the the exclusion in in
or or persons persons persons persons
from from
of of from from whom tenders the the invited, invited, group group persons persons are are
accepting accepting the the accepting the the submission (ii) (ii) of of not not or or
for for tenders tenders the the contract, contract,
the the the with selecting selecting (iii) (iii) into into whom whom the to to enter person person
contract, contract, or or
withholding withholding the the giving giving (iv) (iv) approval approval for, for, the selecting selecting or or or or
nominating, nominating, sub-contractors sub-contractors for for the be be to to or or persons persons
of of and and the the contract; contract; purposes purposes
relation relation subsisting subsisting public supply works in in (c) (c) to to with with contract contract or or a a
the the authority— authority—
approval approval the the withholding the for, for, giving giving (i) (i) selecting selecting or or or or
nominating, nominating, sub-contractors sub-contractors to to for for the be be or or persons persons
of of the the contract, contract, purposes purposes or or
of of termination termination the the the (ii) (ii) contract. contract.
non-commercial non-commercial The The following
(5) (5) matters matters regards regards the the matters matters are are
as as
of of authority, authority, proposed works works public public public supply
contracts contracts or or a a any any
or or
subsisting subsisting the the such such that that contract, contract, be, be, is is to to any any may may say— say— case case as as
of of of of and and conditions employment employment the the by by (a) (a) their their terms terms contractors contractors
the the composition workers workers for for the of, of, the arrangements arrangements
or or
promotion, promotion, transfer of of training training other opportunities the the or or or
afforded afforded their their workforces; workforces; to, to,
whether whether the their with with which which (b) (b) contractors contractors contract terms terms sub- sub- on on
of of constitute, constitute, the the in in contractors contractors with with individuals, contracts contracts
case case
for for the provision provision by by of of them them self-employed self-employed contracts contracts as as persons
their their services services only;
involvement involvement business business (c) (c) of of of of interests interests the the activities any any or or
of of Government Government irrelevant irrelevant with with policy; policy; fields fields contractors contractors
of of industrial industrial the the conduct workers workers (d) (d) in in contractors contractors disputes disputes
or or
between between of of them them the the involvement involvement business business activities of of or or any
other other industrial industrial disputes disputes between in in contractors contractors persons; persons;
the the of of of territory territory location location origin origin supplies (e) (e) country country to, to, the the in or or or or
of of territory territory
the the business business country country interests interests activities activities of, of, any any or or or or
contractors; contractors;
industrial industrial political, political,
(1) (1) sectarian sectarian interests affiliations affiliations of of or or any any or or
their their directors, employees; employees; contractors contractors partners or or or or Local Government Act 1988 c. 9 15
(g) financial support or lack of financial support by contractors for PART II any institution to or from which the authority gives or withholds support; (h) use or non-use by contractors of technical or professional services provided by the authority under the Building Act 1984 1984 c. 55. or the Building (Scotland) Act 1959. 1959 c. 24. (6) The matters specified in subsection (5) above include matters which have occurred in the past as well as matters which subsist when the function in question falls to be exercised. (7) Where any matter referable to a contractor would, as a matter specified in subsection (5) above, be a non-commercial matter in relation to him, the corresponding matter referable to— (a) a supplier or customer of the contractor; (b) a sub-contractor of the contractor or his supplier or customer; (c) an associated body of the contractor or his supplier or customer; or (d) a sub-contractor of an associated body of the contractor or his supplier or customer; is also, in relation to the contractor, a non-commercial matter for the purposes of this section. (8) In this section— "approved list" means such a list as is mentioned in subsection (4)(a) above; "associated body", in relation to a contractor, means any company which (within the meaning of the Companies Act 1985) is the 1985 c. 6. contractor's holding company or subsidiary or is a subsidiary of the contractor's holding company; "business" includes any trade or profession; "business activities" and "business interests", in relation to a contractor or other person, mean respectively any activities comprised in, or any investments employed in or attributable to, the carrying on of his business and "activity" includes receiving the benefit of the performance of any contract; "contractor", except in relation to a subsisting contract, means a "potential contractor", that is to say— (a) in relation to functions as respects an approved list, any person who is or seeks to be included in the list; and (b) in relation to functions as respects a proposed public supply or works contract, any person who is or seeks to be included in the group of persOns from whom tenders are invited or who seeks to submit a tender for or enter into the proposed contract, as the case may be; "exclusion" includes removal; "Government policy" falls within "irrelevant fields" for the purposes of this section if it concerns matters of defence or foreign or Commonwealth policy and "involve", as regards business activities and any such field of policy, includes the supply of goods or materials or services to, or the execution of works for, any authority or person having functions or carrying
Local Local Government Government 1988 1988 9 9 Act Act 16 16 c. c.
that that and, and, regards regards interests business business business business in in II II field PART PART and and on on as as
of of includes includes investment such such policy,
authority authority field field in any any any any or or
whose whose business activities involved; involved; are are so so person person
"industrial "industrial Great Great dispute" dispute" regards regards Britain, Britain, the dispute dispute has, has, in in a a as as
Labour Labour and and Trade Trade trade trade dispute meaning meaning Union the the in in same same as as
and and
"involve", "involve",
Relations Relations Act Act regards regards business activities
1974 1974 as as 1974 1974 52.
c. c.
of of and and industrial industrial dispute, goods, includes includes the supply an an
of of for for materials materials the the execution by, by, services services works works to to or or or or or or or
other other dispute, dispute, the the the the by, by, affected by party party to person person any any
any any
of of authority authority concerned concerned enforcement enforcement dispute, dispute, with with the law law or or any any
and and order relation relation the dispute; in in to to
sectarian sectarian affiliations affiliations "political, "political, industrial interests" interests" or or or means
potential potential actual actual potential potential membership actual of, of, or or or or or
political political for, for, respectively, employers' employers' support support party, party, any any any any
fraternity fraternity other union union association association trade society, society, or or or or or or any
association; association;
and and "sub-contractors" "suppliers "suppliers customers" includes includes or or
and and prospective prospective and sub-contractors; suppliers suppliers customers customers or or
"supplier", "supplier", relation relation who, who, includes includes in in contractor, contractor, to to person person any any a a
of of in in the supplies supplies him business, business, with facilities services services or or course course
of of for for the his his business; of of description description purposes purposes any any
"trade "trade union" union" and and "employers' association" association" and regards regards bodies have, have, as as
of of England England and Scotland, Scotland, the Wales Wales constituted constituted under the the law law or or same same
Labour Labour Trade Trade Union and meaning meaning Relations Relations Act the the in in 1974. 1974. as as
This This section section subject section below. below. (9) (9) is is 18 18 to to
permitted permitted 18.—(l) 18.—(l) the by by subsection section below, below, (2) (2) Except Except to extent relations relations Race Race
of of authorities authorities the the Relations Act regard (local (local have 1976 1976 Race Race to to to 71 71 matters. matters.
of of discrimination discrimination and equality unlawful unlawful racial
promote promote eliminate eliminate
need need
to to 74. 74.
1976 1976
c. c.
of of different different opportunity, opportunity, and good good relations, between racial racial persons persons
authorise authorise authority groups) groups) require local local shall shall exercise exercise to to not not or or any any a a
non-commercial non-commercial above above reference reference function function regulated to by by section by 17 17 a a
matter. matter.
nothing nothing Subject Subject subsection above section section below, below, shall in in (2) (2) (3) (3) 17 17 to to
authority authority from— from— preclude preclude local local a a
information information undertakings asking asking approved questions seeking seeking (a) (a) or or
and and considering considering the relating relating workforce workforce matters matters to to to responses responses
them, them, or or
draft draft draft tender tender for including including in (b) (b) contract contract contract contract terms terms or or a a a a
and and provisions provisions relating workforce considering the the matters matters to to or or
them, them, to to responses responses
of of of of information, information, consideration consideration the the the the giving giving be, be, the the if, if, as as case case may
of of undertaking undertaking reasonably reasonably the the the the inclusion is is term term to or or necessary necessary secure secure
compliance compliance with the the said section 71. 71.
of of terminating terminating Subsection Subsection apply above above the function does does (3) (3) (2) (2) not not to to
relation relation functions approved and, and, subsisting subsisting in in contract contract to to respects respects as as
a a
other other than authorise authorise questions questions does does in in not not proposed proposed contracts, lists lists or or
written written form. form.
subsection subsection under under Where Where above above question it it ask ask permissible permissible (4) (4) (2) (2) is is to to a a
if if approved approved for it it also permissible make, it it in in writing, is is is is request request to to an an
of of the the question. evidence evidence in in support support to to an an answer Local Government Act 1988 c. 9 17
(5) The Secretary of State may specify— PART II (a) questions which are to be approved questions for the purposes of this section; and (b) descriptions of evidence which, in relation to approved questions, are to be approved descriptions of evidence for those purposes; and the powers conferred by this subsection shall be exercised in writing. (6) Any specification under subsection (5) above may include such consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient. (7) In this section— "approved question" means a question for the time being specified by the Secretary of State under subsection (5) above; "approved request for evidence" means a request for evidence of a description for the time being specified by the Secretary of State under that subsection in relation to an approved question; "workforce matters" means matters falling within paragraph (a), but no other paragraph, of subsection (5) of section 17 above; and any expression used in this section and section 17 above has the same meaning in this section as in that section.
19.—( 1) The Secretary of State may, by order made by statutory Provisions instrument, specify as a non-commercial matter for the purposes of supplementary to section 17 above, any other matter which appears to him to be irrelevant or conseciuential to the commercial purposes of public supply or works contracts of any on section 17. description. (2) The power conferred by subsection (1) above includes power to apply section 17(6) and (7) above to any matter specified in the order and to amend any definition in section 17(8) above of an expression used in any paragraph of section 17(5) above without making any other provision. (3) An order under subsection (1) above may include such consequential and transitional provisions as appear to the Secretary of State to be necessary or expedient. (4) No order under subsection (1) above shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(5) Section 17 above applies to a public authority where, in exercising functions regulated by that section, the authority is, as well as where it is not, acting on behalf of a Minister of the Crown.
(6) Where a public authority makes arrangements under section 101 of the Local Government Act 1972 or in relation to Scotland section 56 of 1972 c. 70. the Local Government (Scotland) Act 1973 for the exercise by another 1973 c. 65. public authority of any function regulated by section 17 above, section 17 shall apply to that other public authority in exercising that function as if it were exercising the function in relation to its own public supply or works contracts, any proposed or any subsisting such contract, as the casemay be.
Local Local 9 9 Act Act Government Government 1988 1988 18 18 c. c.
imposed imposed The The
by by II II PART PART duty duty above above does criminal section section 17(1) 17(1) (7) (7) not not create create a a
but— but— offence offence
proceedings proceedings for in in (a) (a) judicial judicial the the who have review, review, persons persons a
and and interest interest interest Scotland, Scotland, title the in in in sufficient sufficient matter matter or, or,
include include shall shall of of potential potential in in the contractor contractor any any or, or, case case a a
potential potential made, made, former (or, (or, which which has been contract contract contractor contractor
body body representing in in .such; .such; contractors), contractors), and and any any any any case, case, as as
who, who, actionable actionable in in failure failure comply with with by it it (b) (b) is is to to a a any any person
damage. damage. suffers suffers loss or or consequence, consequence,
under under action action (8) (8) has has above above In In who section section by by 17(1) 17(1) person person any any a a
tender tender for proposed proposed submitted submitted public public supply works arising arising contract contract a a a a
or or
of of of of functions functions relation the the the in in exercise exercise out out proposed proposed the the contract contract to to
of of expenditure expenditure damages damages damages damages limited shall shall in be be reasonably reasonably to to respect
for for incurred incurred submitting the the of of the the tender. him him by by purpose purpose
Nothing Nothing above above subsection above in in section (1) (1) (9) (9) 17 17 that that the the implies implies
or or
of of that function function regulated regulated by exercise exercise be be section section impugned; not not any any may may
that that for for judicial ground it it proceedings proceedings the the exercised exercised by review, review, in in
on on was was
other other than those those reference reference non-cOmmercial which which matters matters to to matters matters
are are
of of that for for section. section. the the purposes purposes
suppiy suppiy
authority, authority, public public public public (10) (10) If If relation relation works works in in to to or or a a
proposed proposed the the such such be— contract, contract, contracts contracts or or any any case case as as may may
of of potential potential question question relating relating asks asks (a) (a) contractor contractor to to
any any non- any any a a
than than other other question consideration commercial commercial of of matter matter the the a a
permitted permitted by by above, above, which which section section is is 18 18 to to or or answer answer
draft draft draft draft potential potential submits submits (b) (b) contractor contractor contract to to or or any any a a
tender tender for for provisions relating which which includes contract contract terms terms a a or or
other other than provision provision non-commercial non-commercial matter matter to to term term or or any any a a
of of the the inclusion which which is is permitted permitted section section in in the by by 18 18 contract contract
above, above,
of of authority authority treated, treated, for the the the section section shall shall be be above, above, 17 17 purposes purposes
as as
functions functions exercising exercising
that that regulated regulated section section by by by reference to to non- non-
commercial commercial matters. matters.
of of In In above, above, the following section section (11) (11) provisions provisions 17 17 consequence consequence
authorities authorities insertion require require local local the (which (which of of fair fair to to secure secure wages
housing housing contracts), namely— namely— clauses clauses in all
of of
the the
and and
section section Housing Act 52(a) 52(a) 1985, 1985, (a) (a) 68. 68. 1985 1985 c. c.
of of the the Housing (Scotland) Act section section (b) (b)
337 337 1987, 1987, 1987 1987 26. 26. c. c.
have have shall shall effect. effect. to to cease cease
the the and and section Expressions Expressions used in this above above have section section (12) (12) 17 17
this this that that meaning meaning in in section section. section. in in as as same same
20.—(l) 20.—(l) public public authority authority function function regulated Where Where by by exercises exercises of of Duty Duty public public a a a
above above relation by by making, in section section authorities authorities 17 17 give give to to decision decision which which to to to to
person, person,
any any a
for for certain this this applies, it shall shall of of authority authority forthwith forthwith the the duty notify notify the the section section be be
reasons reasons to to
decisions decisions within
of of that that that if if the the decision decision and,
writing writing within in in requests requests
person person person person so so
10 10 SCC SCC
days days beginning the the
of of of of period period the furnish with with the date notice, him him 15 15 to to . .
written written of the for the with with decision. decision. statement statement reasons reasons a a Local Government Act 1988 c. 9 19
(2) This section applies to the following decisions in relation to any PART II person, namely— (a) in relation to an approved list, a decision to exclude him from the list, (b) in relation to a proposed public supply or works contract— (i) where he has asked to be invited to tender for the contract, a decision not to invite him to tender, (ii) a decision not to accept the submission by him of a tender for the contract, (iii) where he has submitted a tender for the contract, a decision not to enter into the contract with him, or (iv) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or (c) in relation to a subsisting public supply or works contract with him— (1) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or (ii) a decision to tenninate the contract. (3) A statement of reasons under subsection (1) above shall be sent to the person requesting it within the penod of 15 days beginning with the date of the request. (4) The Secretary of State may by order amend subsection (1) or (3) above so as to substitute for the period specified in that subsection such other period as he thinks fit and such an order may make different amendments of subsections (1) and (3). (5) The power to make an order under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) Expressions used in this section and section 17 above have the same meaning in this section as in that section.
21.—(1) Subject to subsection (3) below, it is the duty of a public Transitional duty authority which, at the commencement of this section, maintains an of public approved list— authonties as regards existing (a) to consider whether persons have been included in or excluded lists. from the list by reference to non-commercial matters, and (b) if it appears to the authority that that is the case to compile the list afresh in accordance with subsections (4) to (6) below. (2) Persons shall be treated by a public authority as having been excluded from a list by reference to non-commercial matters if, in relation to the list, the authority has— (a) circulated to potential contractors questionnaires including questions relating to non-commercial matters, or (b) notified potential contractors of its intention to have regard to non-commercial matters, or (c) issued statements of policy framed by reference to non- commercial matters.
20 20 Local Local Act Act Government Government 1988 1988 9 9 c. c.
II II PART PART authority authority from from Inclusion Inclusion by by local exclusion exclusion its list by reference (3) (3) or or a a
non-commercial non-commercial duty duty does does rise rise give give matter matter not to to to the the to compile the a a
if if afresh afresh subsection list list that that paragraph paragraph under under above above within within falls falls (1) (1) matter matter
(but (but of of and and other other paragraph) above above section section (a) (a) 17(5) 17(5) the the local local no no
authority's authority's action action reasonably reasonably compliance compliance with to to necessary necessary was was secure
of of the the Race Relations Act section section 1976. 1976. 71 71 W76 W76 74. 74. c. c.
of of The The duty authority approved approved compile compile afresh (4) (4) list list shall be to to an an an
discharged discharged follows— follows— as as
of of authority authority publish publish the the notice notice (a) (a) shall shall intention intention compile compile its its to to
the the apply within notice) notice) invite to to persons persons a a
and and period period included included in in the be be specified specified list; list; to to
of of authority authority that that period the the the end end proceed shall shall (b) (b) at at compile compile to to
the the the applicants afresh afresh from list list in in accordance with the among among
duty duty imposed imposed section section above. by by 17 17
of of authority authority Publication Publication the the notice by by (5) (5) required required subsection subsection by by (4) (4) an an
above above causing causing the notice published— shall shall be be effected by be to to
least least circulating
(a) (a) in
if if authority's authority's the the in in at at
one one newspaper
area area or,
the the
of of authority's authority's the the functions functions require, in extent extent least least at at one one
so so
national national and newspaper; newspaper;
(b) (b) in journal journal circulating circulating least least such such at at or or among among one one newspaper
of of undertake undertake the the description contracts contracts to which which the persons persons as as
relates. relates. list list
under under The The period in in the notice subsection above specified specified (4) (4) (6) (6) the the
as as
shorter shorter made made period period within applications applications shall shall which which be be be not not than than to to
are are
date date period period publication the the beginning with the of of of of of the the days days notice. notice. 28 28
The The imposed shall shall by by (7) (7) duty duty discharged discharged by public this this section be
a a
of of authority authority reasonably reasonably practicable after the is is commencement commencement as as
soon soon as as
of of and and three three months. in in within the period this this section event event any any
This This does criminal (8) (8) of of but but paragraph section section (a) (a) offence offence not not create
a a
section section of of above above for the the duty imposed by by this applies applies 19(7) 19(7) purposes purposes
of of duty duty applies applies for imposed the the section section section the the by by it it 17(1) 17(1) as as purposes purposes
above. above.
and and Expressions Expressions used above have the section section section in in this (9) (9) 17 17
same same
that that in in this this in meaning meaning section section section. section. as as
A A public authority maintains approved which which list list shall 22.—(1) 22.—(1) of of not not Exclusion Exclusion an an
of of condition condition require require inclusion inclusion
his his charges charges for to to
or or a a person pay any sum sum as a a
inclusion inclusion
of of for for continued continued inclusion inclusion considered the the being being in in list such his his
or or
approved approved hst. hst. inclusion. inclusion.
above above Subsection Subsection (I) (I) but but contravention contravention does does offence offence (2) (2) not not create create an an a a
of of it it actionable retained retained included included by by the seeking seeking be is is to to the the in in or or person person
list. list.
and and Expressions Expressions used in this section section above have (3) (3) the the 17 17
same same
meaning meaning that that in in this section section section. section. in in as as Local Government Act 1988 c. 9 21
23. Sections 17 to 22 above shall come into force at the end of the period PART II of 14 days beginning with the day on which this Act is passed. Commencement.
PART III
PRIVATELY LET HOUSING ACCOMMODATION
24.—( 1) Subject to section 25 below, a local housing authority shall Power to provide have power to provide any person with financial assistance for the financial purposes of, or in connection with, the acquisition, construction, assistance for conversion, rehabilitation, improvement, maintenance or management privately let (whether by that person or by another) of any property which is or is intended to be privately let as housing accommodation. (2) For the purposes of this section and section 25 below a local authority provide a person with financial assistance if they do or agree to do any of the following, that is to say— (a) make a grant or loan to that person; (b) guarantee or join in guaranteeing the performance of any obligation owed to or by that person; (c) indemnify or join in indemnifying that person in respect of any liabilities, loss or damage; or (d) if that person is a body corporate, acquire share or loan capital in that person. (3) For the purposes of this section property is privately let as housing accommodatibn at any time when— (a) it is occupied as housing accommodation in pursuance of a lease or licence of any description or under a statutory tenancy; and (b) the immediate landlord of the occupier of the property is a person other than a local authority in England and Wales or a public-sector landlord in Scotland. (4) Neither section 438 of the Housing Act 1985 (local authority 1985 c. 68. mortgage interest rates) nor section 219 of the Housing (Scotland) Act 1987 c. 26. 1987 (local authority home-loan interest rates) shall apply in relation to anything done under this section.
(5) In the Housing Associations Act 1985— 1985 c. 69. (a) in sections 18(1) and 31(1) (powers exercisable in relation to registered charities which have received grants or loans under certain provisions), after the word "received" there shall be inserted the words "financial assistance under section 24 of the Local Government Act 1988 or"; (b) in section 46(2)(a) (cases in which applications for housing association grant are to be made to local authorities), for the words from "for a" to "project" there shall be substituted the words "in connection with the project for a loan under section 58(2) below or section 24 of the Local Government Act 1988"; and (c) in section 69(1) (agreements which may be varied or terminated by the Secretary of State), after paragraph (f) there shall be inserted the following paragraph—
9 9 Local Local Act Act Government Government 1988 1988 22 22 c. c.
III III
PARr PARr
for for loan
"(g) "(g) housing housing agreement agreement registered registered grant grant to to
or or a a a a an an
association association section section of of under under the the Government Act Local Local 24 24
for for provide provide (power (power financial financial assistance 1988 1988 privately privately to to let let
housing housing accommodation)."
In In Part— this this (6) (6)
"disposal", "disposal", relation relation land, disposal disposal includes includes in in to to the the by by any any
a a
of of creation creation interest interest the in in land; land; any any
"housing "housing accommodation", England England in in relation relation has. and and Wales, Wales, to to
the the Part Part of
II II the the Housing Act meaning meaning in in
1985; 1985; 1985 1985 68. 68. same same as as c. c.
"landlord", "landlord",
relation relation of of occupation occupation in in whose whose to to property property a a person any any
of of in in lease lease
is is statutory statutory has has the pursuance pursuance tenancy, tenancy, or or a a
same same
Landlord Landlord
the the
in in
meaning meaning
Tenant Tenant and and Act Act in in 1985 1985 70. 70. 1985 1985 as as c. c. or, or,
Rent Rent and, and, Scotland, Scotland, the (Scotland) Act in in
relation relation 1984 1984 1984 1984 to to 58. 58. c. c. a a
of of occupation occupation whose whose licence, licence, in in is is the the pursuance pursuance person person
means means a a
who who for the the the the being of of interest interest right time time in which person person owns owns
granted; granted; the the licence licence was was
"lease", "lease", in relation England England
and and has the meaning meaning Wales, Wales, to to same same
as as
the the in in Housing Housing Act Act 1985; 1985;
of of "loan" "loan" includes includes credit credit and (whether form form the the remission in in any any
whole whole
and and whether temporarily permanently) permanently) in in of of part part or or or or
obligation; obligation; liability liability or or any any
authority"— authority"— "local "local
England England relation relation in in Wales, Wales, (a) (a) and and local local housing to to means means a
authority authority council; council; county county or or a a
relation relation Scotland, regional, regional, in in (b) (b) to to islands islands or or means means a
district district council; council;
authority"— authority"— "local "local housing
and and relation relation England the has has (a) (a) in Wales, to to meaning meaning same same
the the Housing Act in in 1985; 1985; as as
(b) (b)
relation relation Scotland, islands in in
district district to to means means an
or or
council; council;
landlord", landlord", relation relation "public-sector "public-sector Scotland, Scotland, in in to to means— means—
authority; authority; local local (a) (a) a a
joint joint board board (b) (b) joint joint committee committee within the meaning of of or or a a
Local Local Government (Scotland) the the Act Act 1973; 1973; 1973 1973 65. 65. c. c.
of of under under the control body body (c) (c) trust trust mentioned mentioned in in any any any any
paragraph paragraph above; above; (a) (a) (b) (b) or or
corporation corporation
development development established established (d) (d) order order by by a a
an an
if if under under having having made, section section effect effect
2 2 made, made,
of of the the New New 1968 1968 or or 16. 16. as as
c. c.
(Scotland) (Scotland) Towns Towns Act 1968; 1968;
Housing Housing Association; the the Scottish Special Special (e) (e)
"statutory "statutory tenancy"— tenancy"—
relation relation England and has has the in in Wales, Wales, (a) (a) to to meaning meaning same same
the the Housing in in Act Act 1985; 1985; as as
relation relation Scotland, the the (b) (b) in
meaning meaning has has the in in to to same same
as as
(Scotland) (Scotland) Rent Rent Act Act 1984. 1984. Local Government Act 1988 c. 9 23
25.—(l) Subject to the following provisions of this section, a local PART III authority shall neither— Consent required for provision of (a) exercise the power conferred by section 24 above; nor financial assistance etc. (b) so exercise any other power as to provide any person, for the purposes of or in connection with the matters mentioned in subsection (1) of that section, with any financial assistance or with any gratuitous benefit, except under and in accordance with a consent given by the Secretary of State.
(2) Nothing in this section shall require the consent of the Secretary of State to a person's being provided by any local authority with any assistance or benefit if— (a) an obligation to provide that person with that particular assistance or benefit— (i) is imposed on the authority by or under any enactment; or (ii) not being an obligation arising as the result of the exercise on or after 6th February 1987 of any option conferred on the authority, has arisen by virtue of an agreement entered into by them before that date; (b) the assistance or benefit is provided under section 36 of the Water Act 1945 or for the purposes of section 16(4)(b) of the 1945 c. 42. Water Act 1973 (which provide for cases where a local authority 1973 c. 37. give an undertaking to make good a deficit so as to enable a water supply or public sewer to be requisitioned); (c) the assistance or benefit is provided under section 28A(9)(b) of the National Health Service Act 1977 or section 1 6A(3)(b) of 1977 c. 49. the National Health Service (Scotland) Act 1978 (power to 1978 c. 29. make payments to voluntary organisations out of sums received from health authorities); (d) the assistance or benefit is provided in exercise of any power the expenses of exercising which are recoverable under Schedule 10 to the Housing Act 1985 or Schedule 9 to the Housing 1985 c. 68. (Scotland) Act 1987 (recovery of expenses of carrying out works 1987 c. 26. required to be carried out by a repair notice, an improvement notice or a notice relating to a house in multiple occupation); (e) the assistance or benefit is provided in consequence of, or in connection with, the service of an improvement notice under Part VII of the said Act of 1985 or of an improvement order under Part IV of the said Act of 1987, or the acceptance of an undertaking under the said Part VII; or (0 the assistance or benefit is provided in exercise of any power conferred by— (i) section 273 of the said Act of 1985 (power to cleanse premises of vermin before demolition); (ii) sections 379 to 394 of the said Act of 1985 or sections 178 to 190 of the said Act of 1987 (powers exercisable pursuant to the making of a control order); or
Local Local Government Government 24 24 9 1988 Act Act c. c.
III III of of Parts Parts XVI XVI XIV XIV (iii) (iii) PART PART of of Parts Parts XII Act Act the the said 1985 1985 to to or or
of of of and and Act Act XIV XIV (loans the the said 1987 1987 grants grants and to to for, for,
assistance assistance acquisition, with, with, improvement, improvement, repair and the the
conversion conversion of of housing). housing).
transaction transaction of of contravention contravention into into entered entered Any Any this section in in (3) (3) shall shall
be be void.
of of and and subsections subsections section Subject Subject below, below, where (4) (4) 26 26 (3) (3) (4) (4) to to at at
any any
February February after after and and
time time of of before before the passing Act 6th 6th this this 1987 1987 or or on on a a
authority authority done done anything England England and has has in in Wales Wales local local would would which which
contravention contravention of of had had if if have have been this section it been been in force that that at at a a
if if the the this this time, time, shall follow had had section section been been in in same same
consequences consequences as as
that that time. time. force force at at
For For of of the the this this section
(5) (5)
authority authority provide provide local local purposes purposes a a person person a a
gratuitous gratuitous with with benefit benefit if— if— a a
that that they they provide (a) (a)
that that provide provide with with to to
or or person, person, person, person, agree agree
a a
benefit benefit
of of the the disposal disposal consisting consisting in to to land land or or any any person any any
other other the the provision in in of of property, property, goods, goods, to to person person any any any
facilities, facilities, services services
for for the the carrying in in of of out out or or any any person any any
of of works works the making in in and and to to payment; payment; or or person person any any any any
that that for for provided provided either benefit benefit (b) (b) is is is is consideration consideration to to be be or or or or no no
for for consideration consideration which which has has value value in money's money's or or money money a a a a
than than worth worth the the which which significantly value, in less less is is money money or
money's money's worth, of provided provided the the benefit benefit which is is is the the by by be be to to or or
authority. authority.
for for
of of In In determining determining the subsection above above whether (5) (5) (6) (6) purposes purposes any any
authority authority for for provided provided consideration, local local benefit benefit by be be is is is is to to or or a a
no no
of of and and determining determining for those value value in in the the consideration, consideration, purposes purposes any any
disregarded— disregarded— there there shall shall be
of of consideration consideration for much much (if the the the any) any) benefit benefit (a) (a) in in question question so so
consists— consists— as as
the the acquisition by
of of in in such (i) (i) property property any any person any
as as
mentioned mentioned section section in in 24(1) 24(1) is is in that that above above promise or or a a any
acquired acquired such such by by be be will will property property any any person; person;
of of the the by carrying carrying in in works (ii) (ii) out out for for the any any person person any any
of of the the construction, construction, conversion, conversion, rehabilitation, purposes purposes
of of maintenance maintenance
improvement improvement such such
in in property property or or any any or or a a
that that carried carried promise promise works be be by by will will out out for for any any person person any any
such such any any purposes; purposes;
of of of of carrying carrying in in the by by (iii) (iii) out out any any person acts acts any any
relation relation such such in in management management to to promise promise in in property property or or any any a a
that that of carried carried be be by by will will out out management management acts acts any any person person any any
in in such relation relation property; property; to to or or any any
the the
of of nominate nominate right right in in (iv) (iv) grant grant be be to to to
persons persons a a
occupiers occupiers
of of promise promise such such in property property to to grant grant any any or or any any a a
such such right;
and and
paragraph paragraph without without prejudice prejudice
(b) (b) of of above, above, much to to (a) (a)
so so any any
transaction transaction of of into into after the passing entered entered Act Act this this otherwise
than than of of another another transaction entered entered into in in before before pursuance pursuance Local Government Act 1988 c. 9 25
that time as provides, in relation to any property which is or is PART III intended to be occupied as housing accommodation, for an obligation which— (i) restricts the occupation of the property as housing accommodation, or (ii) (whether because it relates to a matter affecting the suitability of the property for particular purposes or otherwise) has the effect of restricting its occupation as housing accommodation, to occupation by persons of a particular description or to occupation by virtue of an interest or agreement of a particular description.
(7) In the application of this section to Scotland the references in subsection (2)(a)(ii) above to 6th February 1987 shall have effect as references to the date on which this Act is passed.
26.—(1) A consent given for the purposes of section 25 above— Consents under (a) may be given either unconditionally or subject to conditions; 25. (b) may be given in relation to a particular case or in relation to such description of eases (including cases described by reference to a particular local authority or a particular manner of providing assistance or benefits) as may be specified in the consent; and (c) except in relation to anything already done or agreed to be done on the authority of the consent, may be varied or revoked by a notice given or published by the Secretary of State such manner as he may consider appropriate.
(2) In determining whether to give a consent for the purposes of section 25 above in relation to any assistance or benefit or whether to vary or revoke a consent so given, and in determining to what (if any) conditions such a consent should be subject, the Secretary of State— (a) shall take into account the extent (if any) to which, and the circumstances in which, it is appropriate, in his opinion, that a local authority should bear the financial burden and risks of acquiring, constructing, converting, rehabilitating, improving, maintaining or managing any of the property in relation to which assistance or benefits might be provided by virtue of the consent; and (b) may take into account any other matter whatever which he considers relevant.
(3) Where before the passing of this Act any statement has been made by or on behalf of the Secretary of State— (a) that, if an enactment were in force requiring his consent to a person's being provided by a local authority with assistance or benefits of any description, he would give his consent for the purposes of that enactment in relation to any matter or would so give his consent subject to certain conditions; and
Local Local Government Government Act 26 26 1988 9 9 c. c.
III III PART PART if if that, that, such such passed, passed, (b) (b) his his be is is is is enactment enactment statement to to any any
of of that that treated treated for for the enactment, enactment, consent consent purposes purposes as as a
that that both both of of of for for the have have subsection shall shall (4) (4) effect, effect, statement statement purposes purposes
of of and and after if if section section above the the passing this 25 25 Act, Act, it it consent consent were were a as as
of of for for (if given given that that conditions conditions any) any) section section the the the specified specified purposes purposes on on
the the in in statement. statement.
of of for for the above above Where Where section section given given (4) (4) 25 25 consent consent purposes purposes or or a a a a
mentioned mentioned subsection subsection above above relates, whole whole such such in in in is is (3) statement statement as as
assistance assistance provided provided before before the in in benefits benefits part, part, consent consent to to or or any any or was was
that that made, made, the the shall shall have given given effect effect statement statement statement consent consent
or or or or
of of for for the this this section that that and and section— section— purposes purposes
if if made, made, had had before before the the been the (a) (a) given, statement statement consent consent as as or or
assistance assistance the the benefits and and provided; provided; or or were were
of of the the (b) (b) in relating relating assistance assistance benefits benefits consent consent to or or any any case case a
of of if if had had provided provided before passing the the this Act, the the consent consent as as
been been such statement; statement; a a
but but having having accordance with this this in in effect effect statement statement consent consent or or a a
subsection subsection shall shall affect affect not not interest interest impose impose deriving deriving from, or or any any any any
of of made made before the liability liability disposal which which of, of, in in property property respect respect any any
was was
of of of of made made making making the the the the giving giving the the and and consent consent by by or or statement statement was was a a
paragraphs paragraphs from from who, who, (b) (b) and and make make above, above, had (a) (a) apart apart to to person person power power
of of it it by virtue section section above. above. 25(3) 25(3) (4) (4) or or
of of authority authority has has disposal disposal land Where Where been been by by local (5) (5) consent consent to a a a a a
of of for for the above section section such given given statement statement 25 25 is is or or any any purposes purposes as as
further further mentioned mentioned above above subsection subsection in in effect effect (3) (3) has has such such consent, consent,
no no as as a
of of that that of of State the the the disposal Secretary Secretary disposal shall (if is is to to consent consent
after after this this of of required required the the passing virtue of— Act) Act) by by be be
of of section section the 26(4) 26(4)
(a) (a)
Town Town and Country Planning Act 1959 1959 1959 1959 or or 53. 53.
c. c.
of of Local Local Government (Scotland) Act the the 74(2) 74(2)
1973 1973 section section 1973 1973
65. 65.
c. c.
of of than than land land the the (disposal (disposal for best price less less etc.); etc.);
of of of Government Government (disposal (disposal Local Local Act (b) (b) section the
123(2) 123(2) 1972 1972
1972 1972 70. 70.
c. c.
certain certain authorities); land land by by local local or or
of of the the Houèing Act section section section section 43(1) 43(1) 32(2) 32(2)
(c) (c) 1985 1985
of of the the 12 12 or or 1985 1985 or or 68. 68.
c. c.
for for Housing Housing (Scotland) held held
of of housing housing Act Act land (disposal (disposal 1987 1987 1987 1987 26. 26.
c. c.
of of and and other other certain certain land). land). purposes purposes
above above and, far Subsection Subsection in in they relate (6) (6) (3) statement statement such such to to so so as as a a
that that mentioned mentioned above subsection, subsection, subsections in in is is and and shall shall (4) (4) (5) not not as as
extend extend Scotland. to to
IV IV
GENERAL GENERAL MISCELLANEOUS MISCELLANEOUS AND AND
Miscellaneous Miscellaneous
of of of of (prohibition (prohibition In In the Local Government Act section section 27.—(1) 27.—(1) 2 2 1986 1986 authority authority Local Local
authorities), authorities), for political political publicity subsection local local by by publicity, publicity, (matters (matters be be (2) (2) to to
considered considered determining in in
whether whether material prohibited) there shall shall be be
1986 1986 10. 10. c. c. substituted— substituted— Local Government Act 1988 c. 9 27
"(2) In determining whether material falls within the prohibition PART IV regard shall be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed and, in particular, to the following matters— (a) whether the material refers to a political party or to persons identified with a political party or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another; (b) where the material is part of a campaign, the effect which the campaign appears to be designed to achieve." (2) In section 4 of that Act (issue by Secretary of State of codes of recommended practice on publicity), in subsection (1) for the words from "for the guidance" to the end there shall be substituted "; and local authorities shall have regard to the provisions of any such code in coming to any decision on publicity." (3) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
28.—( 1) The following section shall be inserted after section 2 of the Prohibition on Local Government Act 1986 (prohibition of political publicity)— promoting homosexuality by Prohibition on 2A.—(l) A local authority shall not— teaching or by promoting (a) intentionally promote homosexuality or publish publishing material with the intention of promoting material. by publishing homosexuality; 1986 c. 10. material. (b) promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship. (2) Nothing in subsection (1) above shall be taken to prohibit the doing of anything for the purpose of treating or preventing the spread of disease. (3) In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it. (4) In subsection (l)(b) above "maintained school" means,—--- (a) in England and Wales, a county school, voluntary school, nursery school or special school, within the meaning of the Education Act 1944; and (b) in Scotland, a public school, nursery school or special school, within the meaning of the Education (Scotland) Act 1980." (2) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
29.—(l) Schedule 3 to this Act (which relates to local government Local government administration) shall have effect. administration. (2) That Schedule shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
Local Local Government Government 1988 1988 Act Act 9 9 28 28 c. c.
and and extend extend England .paragraphs .paragraphs Schedule, Schedule, Wales IV IV 10 10 that that I I In In to to (3) (3) to to
paragraphs paragraphs Scotland Scotland only. only. and and extend extend only only 17 17 11 11 to to to to
of of Government Government Finance After After Act Act section section the the Local 30.—( 30.—( 1982 1982 25 25 1) 1) Additional Additional powers powers
inserted inserted there there shall the the Schedule this Act. sections sections in in be be 4 4 of of auditors auditors for for out out to to set set
authorities authorities
local local
nght nght that that of of (auditor's (auditor's obtain obtain documents and Act Act (2) (2) 16 16
to to In In section section
etc. etc.
of of audit", audit", "for "for in in each words words the the the
information) information) for place place the the 32. 32. 1982 1982 purposes purposes
c. c.
"for "for of substituted substituted there there the where where they shall shall his his be be purposes purposes occur, occur,
this this under under Act". Act". functions functions
that that of into into force force the end the Schedule Schedule shall and and This This section (3) (3) at at come come
of of months months day day period period beginning beginning with the which this Act passed. passed. is is two two on on
that that and and England England and This This section extend Wales Wales Schedule Schedule shall (4) (4) to to
only. only.
land land relates relates Schedule Schedule held by public this this Act (which 31.—(1) 31.—(1) 5 5 to to to to Land Land held held by by
bodies) bodies) shall have effect. effect. public public bodies.
subsection subsection that that into into Subject Subject Schedule shall force force below, below, (2) (2) (3) (3) to to come come
of of of of period period day months months beginning the the end the with with the this which which 2 2 at at on on
passed. passed. is is Act Act
of of that Paragraph Paragraph into into day day force force such Schedule Schedule shall (3) (3) 2 2 on on come come as as
of of appoint appoint order order made made the the State by by by by statutory statutory Secretary Secretary may may
instrument. instrument.
that that and and England England and extend extend This This section Wales Wales Schedule Schedule only. only. to to (4) (4)
labour labour Act Act direct direct Schedule Schedule this (which relates 32.—( 32.—( 6 6 1) 1) to to to labour labour Direct Direct
organisations) organisations) have have shall shall effect. effect. organisations. organisations.
that that into into subsection subsection Subject Subject Schedule Schedule shall force below, below, (2) (2) (3) (3) to to come come
of of appoint appoint order order the the State day day made such such Secretary by by by may may on on as as
appointed appointed for for different different instrument; instrument; and different different days days be be statutory statutory may may
provisions provisions different different purposes. purposes. or or
Paragraphs Paragraphs that and and and into into Schedule Schedule shall 8(1) 8(1) (3) (3) (3) (3) 11 11 come come
day day force force passed. passed. which which this is is the the Act Act on on on
order order under this this include such section section supplementary, supplementary, An An (4) (4) may may
transitional. transitional. incidental, incidental, consequential provisions provisions the to to or or appear appear as as
of of State State Secretary Secretary expedient. expedient. be be to to or or necessary necessary
of of that Paragraph Paragraph Scotland Scotland extends extends only. only. Schedule Schedule (5) (5) 11 11 to to
authority authority into into relevant relevant public body A A local shall shall 33.—(1) 33.—(1) not not enter enter authority authority Local Local a a
or or
under under authority authority associated associated with the which which which is is companies. companies. contract contract or or a a company
body body work work within within defined defined activity, unless, before falling falling is is out out to to carry carry a a
that that authority authority into into body body taken reasonable entering entering has has the the contract, contract, or or
of of that for for of of competition for the carrying the the securing securing out out steps steps purpose purpose
work. work.
of of For For the the associated with this this section local local (2) (2) is is company company purpose purpose a a
a a
of of of authority authority virtue virtue relevant relevant public body decision decision by by if, if, the the or or
any any
of of authority authority that body body (including sub-committee sub-committee committee committee or or or any any
of of thereof thereof them them discharging discharging function conferred the the in in by course course
upon upon any any
of of of Government Government
virtue virtue section section the Local Local
101 101
relation relation Act Act in in 1972, 1972, to to 70. 70. 1972 1972 or, or,
c. c.
of of section section Scotland, Scotland, Government Government (Scotland) (Scotland) Act the the Local Local 1973)— 1973)— 56 56
1973 1973 65. 65. Local Government Act 1988 c. 9 29
(a) the authority body, or PART IV (b) any member or officer of the authority or body, or (c) any nominee of the authority or body, is a member either of the company or of another company which, in accordance with section 736 of the Companies Act 1985, is the company's 1985 c. 6. subsidiary or holding company. (3) In this section— (a) "defined activity" has the meaning assigned by section 2 above; (b) "local authority" has the meaning assigned by subsection (2) or, as the case may be, subsection (3) of section 1 above; and (c) "relevant public body" means any authority or committee falling within paragraphs (e) to (j) of subsection (1) of section 1 above. (4) This section (and, so far as is relevant for the purposes of the definitions in subsection (3) above, sections 1 and 2 above) shall be deemed to have come into force on 11th February 1988 and, accordingly, has effect in relation to contracts entered into on or after that day.
34.—(1) In section 45(2) of the Local Government (Miscellaneous Arrangements Provisions) Act 1982 (local authorities having power to enter into under arrangements under Employment and Training Act 1973) after Employment and paragraph (a) there shall be inserted— Training Act
"(aa) an authority established by Part III or IV of the Local 1982 30. Government Act 1985 or by an order under section 10 of that Act; 1973 50 (ab), a body corporate established by an order under section 67 of that Act." (2) This section shall be deemed to have come into force, as regards any authority or body concerned, on the day the authority or body was established. (3) This section extends to England and Wales only.
35.—(1) The Local Government (Scotland) Act 1973 shall be amended Amendment of in accordance with the provisions of this section. Local Government (2) In section 97 (establishment of Commission for Local Authonty (Scotland) Act Accounts in Scotland), in subsection (2) the word "and" after paragraph 1973. (c) shall be omitted and at the end there shall be added "and 1973 c. 65. (e) functions conferred by sections 97A and 97B of this Act." (3) After section 97 there shall be inserted the following sections— "Studies for 97A.—(1) The Commission shall undertake or improving promote comparative and other studies designed to economy etc. iii enable it to make recommendations SerVIecS. for improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and for improving the financial or other management of such authorities or other bodies. (2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section.
Government Government 1988 1988 Local Local Act Act 30 30 9 c. c.
promoting promoting IV IV PART PART undertaking undertaking study study under Before Before (3) (3) or or any any
consult consult section section the Commission such such this this shall
of of other authorities authorities associations associations bodies bodies whose whose local local or or
accordance accordance audited audited required required with with be be in in accounts accounts to to are are
of of concerned concerned and this this this this Act be be it it Part Part to to to to appear appear as as
of of associations associations employees employees such such it it be be to to to to appear appear as as
appropriate. appropriate.
of of other other Without Without provision provision 97B.—(l) 97B.—(l) prejudice prejudice of of Furnishing Furnishing to to any any
information information and and of of
require require Act, Act, the Commission this this Part Part this this
any any may may
documents documents to to
audited audited body body required whose whose in in be be accounts accounts to to are are
Commission. Commission.
of of and and accordance accordance with with this Act, Act, this this officer officer Part Part or or any any
of of member member such such body, furnish the Commission to to any any or or
authorised authorised information with with such by by it all all any any person as as
that that reasonably reasonably require the the Commission or or person person may may
of of of of under under for for discharge discharge the the functions this the the Part Part this this
of of of that including including the Act Act the Commission person, person,
or or
of of of of under under carrying carrying study study section section this this Act. 97A 97A out out any any
without without reasonable Any Any who fails fails (2) (2) to to person person excuse excuse
requirement requirement with with subsection imposed imposed by by comply comply (1) (1) a a
of of and and above above guilty guilty liable shall shall shall offence offence be be be an an on
conviction conviction the the exceeding exceeding fine fine level 3 3 not not to to
summary summary on on a a
standard standard scale." scale."
of of paragraph paragraph auditors) auditors) after there there (general (general duties section section (b) (4) (4) 99 99 In In
added— added— shall shall be be
authority authority for for has has made that that arrangements the the "(c) "(c) local local proper proper
its its effectiveness effectiveness efficiency efficiency in in of of and and securing securing economy, economy, use use
resources." resources."
of of of of into into period This This section shall force force the the the end (5) (5) at at two two come come
months months Act Act beginning beginning with the day passed. passed. which which this is is on on
extends extends Scotland This This section only. only. (6) (6) to to
of of annual annual other periodic periodic under the Any Any 36. 36. payments payments terms of of Commutation Commutation
or or any any
of of of payable payable under the the section section 27 27 Land Land settlement settlement in in smallholdings smallholdings amounts amounts respect respect
Settlement Settlement (Facilities) Act from this this section, would which, which, fall fall 1919 1919 payments. payments. apart apart
of of district district made made the the Minister council council council council be be by by
59. 59. 1919 1919 county county to to to
or or a a c. c.
Food Food of of and and Agriculture, Agriculture, State Fisheries Fisheries the Secretary be be or or may may
that that commuted commuted either either with with him him into single single by by by payment, payment, agreement agreement
a a
of of order order default default made made him him in in by in by by that that council council agreement, agreement, an an or, or,
behalf. behalf.
of of
regulations regulations make provision for State State by by The The Secretary 37.—( 37.—( 1) 1) registration registration may may
Dog Dog
registration registration and and administration of the the establishment dog scheme scheme by by scheme. scheme. a a
other other organisations after consulting authorities, authorities, such such he he local local may, may, or or as as
with with them, designate.
this this section exercisable shall shall be be under under Regulations Regulations made by by (2) (2)
instrument. instrument. statutory statutory
Dog Dog duty duty charged under Act Act The The the 38.—( 38.—( Licences licences 1959 1959 1) 1) on on of of duty duty Abolition Abolition
for for dogs hereby hereby abolished. is is
dog dog licences. licences. on on
55. 55. 1959 1959
c. c.
of of Protection Protection In In of
Act Act Animals Animals (Cruelty the the Dogs) (2) (2) 1933 1933 . . . . section section to to 1 1
1933 1933 17. 17.
of of of of (disqualification (disqualification dog convicted keeping keeping for for cruelty cruelty to to any any person a a
there there inserted subsection— subsection— dogs), dogs), the the the end shall following be be at at Local Government Act 1988 c. 9 31
"(5) For the purposes of this section a person shall be PART IV presumed, until the contrary is shown, to keep a dog— (a) if it is found or seen in that person's custody, charge or possession, or in his house or premises; (b) in the case of hounds, if he is their owner or master."
(3) In section 1 of the Protection of Animals (Cruelty to Dogs) 1934 c. 25. (Scotland) Act 1934 (disqualification for keeping a dog of any person convicted of cruelty to dogs), at the end there shall be inserted the following subsection— "(5) For the purposes of this section a person shall be presumed, until the contrary is shown, to keep a dog— (a) if it is found or seen in that person's custody, charge or possession, or in his house or premises; (b) in the case of hounds, if he is their owner or master." (4) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
39.—( 1) The Dogs Act 1906 shall be amended in accordance with the Control of stray provisions of this section. dogs. 1906c. 32. (2) Section 3 (seizure of stray dogs) shall be amended as follows for the purpose of conferring upon a duly authorised officer of a local authority the same powers as those conferred upon a police officer by that section— (a) in subsection (1), after the word "officer" there shall be inserted the words "or a duly authorised offices of a local authority"; (b) in subsections (2) and (4), after the word "behalf' there shall be inserted the words "or a duly authorised officer of a local authority"; (c) in subsection (6), after the word "area" where it first occurs there shall be inserted the words "and the local authority for an area" and for the words "in that area" there shall be substituted the words "by the officers of his force or, as the case may be, by the local authority's officers"; (d) in subsection (7), for the words from the beginning to the word "section" there shall be substituted the words "A dog seized under this section shall not be disposed of'; and (e) after subsection 9 there shall be inserted the following subsection— "(9A) In this section and section 4 below, the expression "local authority" means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly."
(3) Section 3 shall be amended as follows for the purpose of extending the powers of seizure and detention of stray dogs to those found on land or premises other than highways or places of public resort— (a) in subsection (1), after the word "resort" there shall be inserted the words "or on any other land or premises"; and (b) after subsection (1) there shall be inserted the following subsection—
Local Local Government Government 9 9 32 32 Act Act 1988 1988 c. c.
IV IV PART PART "(IA) "(IA) under under subsection subsection The The of of this this section shall shall (1) (1) powers powers
relation relation be be exercised dog dog found land in in not not to to on on any a a or or
of of than than other other public public premises premises highway place unless unless resort resort a a or or
of of the the occupier the land premises premises consented consented has has or or owner owner or
such such exercise." to to
of of of of At At end end dogs the the section section (delivery police) (4) (4) (1) 4 4 there there stray stray to
inserted inserted the this this subsection words words shall shall be be "but "but apply apply shall shall where where the not not
authorised authorised duly duly finder finder is is of of authority". authority". local local officer officer a a a
Any Any Act amends local local which which in in (5) (5) enactment enactment confers confers section section 3 3 or or any any
that that of of authority authority the the meaning local local (within section) in in on on powers powers a
of of that that relation relation it it applies the section section the authority authority to to to to local local shall shall as as area area
have have effect. effect. to to cease cease
This This (6) (6) of of into into section section period force force the end shall shall of of the the at at come come two
months months beginning beginning the the which day day this this Act passed. is is on on on
This This (7) (7) England England and section section extends Wales Wales only. to to
General General
of of There There provided paid paid shall shall by by be be 40. 40. out out Parliament— Parliament— Finance. Finance. money money
of of of incurred incurred the the Secretary (a) (a) of of State State in in any any expenses consequence consequence
this this Act; Act;
attributable attributable (b) (b)
payable payable increase increase the this this Act in in of of to to out out any any sums sums
under under other other provided provided enactment. enactment. money money any so so
mentioned mentioned in this this Schedule Schedule 41. 41. The The enactments enactments Act Act repealed 7 7 Repeals. Repeals. to to to are are
but but column column provision the the subject subject in in the the specified specified 3, 3, of of extent extent end at at to to
any any
that that Part Part of Schedule. Schedule. any any
This This cited cited 42.—( 42.—( 1) 1) Government Government Act the the Act Act Local Local be be Citation Citation and 1988. 1988. may may as as
extent. extent.
This This (2) (2) Northern Northern Act Act does extend extend Ireland. not not to to Local Government Act 1988 C. 9 33
SCHEDULES
SCHEDULE 1 Section 2.
COMPETITION Collection of refuse (1) In the application of this Part to England and Wales, the following (and only the following) fall within section 2(2)(a) above— (a) the collection of household waste, and (b) the collection of commercial waste. (2) In sub-paragraph (1) above— (a) household waste means anything (other than sewage) which is for the time being household waste for the purposes of section 12 of the Control of Pollution Act 1974, and 1974 c. 40. (b) commercial waste means anything (other than sewage) which is for the time being commercial waste for those purposes. (3) In sub-paragraph (2) above "sewage" has the same meaning as in section 30(4) of the Control of Pollution Act 1974. (4) In the application of this Part to Scotland, the following (and only the following) fall within section 2(2)(a) above— (a) the collection of household waste (which here means anything which is for the time being household waste for the purposes of section .124 of the Civic Government (Scotland) Act 1982), and 1982 c. 45. (b) the collection of trade waste (which here means anything which is for the time being trade waste for those purposes).
Cleaning of buildings 2.— (1) The cleaning of the windows of any building (whether inside or outside) and the cleaning of the interior of any building faIl within section 2(2)(b) above. (2) But the following do not fall within section 2(2)(b) above— (a) the cleaning of the exterior (which here excludes windows) of any building; (b) the cleaning of the windows or interior of a dwelling, residential establishment or police establishment. (3) In sub-paragraph (2) above "dwelling" means a building or part of a building occupied as a person's home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied. (4) In sub-paragraph (2) above "residential establishment" means (except in relation to Scotland) a building or part of a building in which residential accommodation is provided under— (a) section 21 or 29 of the National Assistance Act 1948, 1948 c. 29. (b) Schedule 8 to the National Health Service Act 1977, or 1977 c. 49. (c) section 31 of the Child Care Act 1980. 1980c. 5. (5) In sub-paragraph (2) above "residential establishment", in relation to Scotland, has the same meaning as in the Social Work (Scotland) Act 1968. 1968 c. 49.
Government Government Act-1988 Local Local 34 34 9 c. c.
sub-paragraph sub-paragraph ScH ScH
establishment" establishment" above above "police building building In In (6) (6) (2) 1 1 means means
or or
a a
of of of of performance performance their building building used for the police police by by part part functions functions (whether a a
police police
station station training training establishment police police otherwise). or or or or as as a a
Other Other cleaning
The The following (and following) (1) (1) only only the within section 3.— 3.— fall fall 2(2)(c)
above— above—
of of removal removal litter from land; the the (a) (a) any any
of of emptying emptying litter litter the the (b) (b) bins; bins;
of of otherwise) otherwise) the the cleaning (by (by sweeping (c) (c) or or street; street; any any
(d) (d) the of of emptying emptying gullies; gullies;
of of and and the the cleaning traffic traffic (e) (e) plates. plates. signs signs street street name name
sub-paragraph sub-paragraph above— above— In In (2) (2) (1) (1)
"gullies" "gullies" includes catchpits and interceptors;
"litter" "litter"
but but derelict derelict includes includes derelict leaves leaves vehicles, not not vessels vessels
or or scrap
metal; metal;
"litter "litter bin" relation relation in in
Scotland) Scotland) receptacle receptacle provided (except (except in in to to
means means a
a a
public public
and and relation relation the street street for litter, Scotland) Scotland) place place (in refuse refuse to to has has or or or or
same same
of of Litter Litter Act section section the the in in 1983; 1983; meaning meaning 7 7 1983 1983 35. 35. as as c. c.
"street" "street" Scotland) Scotland) has meaning meaning relation relation the the by by (except, (except, in section section to to given given
of of the the 329(1) 329(1)
relation relation road and and Scotland) Scotland) Highways Highways Act (in (in 1980, 1980, 66. 66. 1980 1980 to to c. c. means means a a
as as
of of Government Government and Planning Planning (Scotland) defined defined section section the the Local 25(3) 25(3) in in 1982 1982 43. 43. Act Act c. c.
1982; 1982;
1984 1984
27. 27.
of of C. C. "traffic "traffic sign" has the meaning given given by Road Road the the section section Traffic Traffic 64(1) 64(1)
that that Regulation Regulation Act include include 1984 1984 road. road. mark mark does does except except it it line line not not or or on on a a a
and and Catering: Catering: schools schools welfare welfare
4.—(l) 4.—(l) The The following (and only the following) within within fall fall section section 2(2)(d) 2(2)(d)
above— above—
and and preparing, providing providing ingredients for, for, delivering (a) (a) and and serving, serving, meals
consumption consumption for for other other than schools schools excepted schools; in in
consumption consumption providing providing refreshments for for (b) (b) other other than schools schools excepted in in
schools; schools;
and and preparing providing providing ingredients for, (c) (c) and and for for delivering, delivering, meals
consumption consumption residential residential in in other other than establishments establishments day centres centres or or
establishments establishments excepted excepted centres; centres; or or
consumption consumption providing providing refreshments for establishments residential residential (d) (d) in in
day day other than establishments establishments excepted excepted centres centres or or centres; centres; or or
and and preparing, providing providing ingredients for for provision for, for, meals meals (e) (e) to to
persons persons
of of under under their their Health homes homes section in in
and and Public Public the the
Services Services 45 45 46. 46.
1968 1968 own own
c. c.
Health Health of of
and and Disabled the the Chronically Act Act section )(g) )(g) Sick Sick 1968, 1968, 2(1 2(1 44. 44. 1970 1970
c. c.
of of Persons Persons Act
Schedule Schedule 1970, 1970, Part Part Health Health and the the Social Social II II 9 9 41. 41. 1983 1983 to to c. c.
Adjudications Adjudications and and
Act Act Social Social Security Services Services 1983 1983 of of the the section section 49. 49. 12 12 1968 1968 or or
c. c.
Work Work (Scotland) (Scotland) Social Social 1968. 1968. Act Act
of of For For sub-paragraph sub-paragraph the the (2) (2)
above above school school excepted (1) (1) is is purposes purposes an an one one a a
if— if—
school school whose premises special special school all all (a) (a) it is is of of the the or or on on a a a a or or some some
pupils pupils reside, reside,
maintained maintained education it it by by local (b) (b) is is authority authority under under Scotland, Scotland, it it in in is is a a
or, or,
the the of of authority, authority, education education and and management management an an
prepared prepared meals meals its its premises. (c) (c) are are on on Local Government Act 1988 C. 9 35
(3) For the purposes of. sub-paragraph (1) above an establishment or centre is ScH 1 an excepted one if it is maintained by a local authority and meals are prepared on its premises; and "local authority" here has the same meaning as in section 1(1) above. (4) In this paragraph "residential establishment" has the same meaning as in paragraph'2 above. (5) In this paragraph "day centre" means premises (other than residential premises) where facilities are provided under— (a) section 29 of the National Assistance Act 1948, 1948 c. 29. (b) section 45 of the Health Services and Public Health Act 1968, 1968 c. 46. (c) section 12 of the Social Work (Scotland) Act 1968, 1968 c. 49. (d) Schedule 8 to the National Health Service Act 1977, or 1977 c. 49. (e) Part H of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983. 1983 c. 41.
Other catering 5.—(1) The following (and only, the following) fall within section 2(2)(e) above— (a) providing ingredients for, and preparing and serving, meals; (b) providing refreshments. (2) But an activity does not fall within section 2(2)(e) above if— (a) the meals or refreshments are for consumption in schools, residential establishments, day centres, institutions of further education, or hostels in Scotland used mainly by pupils attending schools, or (b) the activity falls within paragraph 4(1)(e) above. (3) In sub-paragraph (2) above "residential establishment" and "day centre" have the same meanings as in paragraph 4 above. (4) In sub-paragraph (2) above "institution of further education" means (except in relation to Scotland) an institution for which section 1 of the Education 1968 c. 37. (No.2) Act 1968 requires an instrument of government. (5) In sub-paragraph (2) above "institution of further education" means, in relation to Scotland, an institution for the provision by an education authority of any form of further education within the meaning of section 135(1) of the Education (Scotland) Act 1980. 1980 c. 44.
Maintenance of ground 6.—(1) Subject to sub-paragraph (2) below, the following (and only the following) fall within section 2(2)(f) above— (a) cutting and tending grass (including re-turfing and re-seeding but not initial turfing or seeding); (b) planting and tending trees, hedges, shrubs, flowers and other plants (but excluding landscaping any area); (c) controlling weeds. (2) An activity does not fall within section 2(2)(f) above if its primary purpose is research or securing the survival of any kind of plant.
Repair and maintenance of vehicles 7.— (1) Subject to the following provisions of this paragraph, the repair and the maintenance of any motor vehicle or trailer fall within section 2(2)(g) above.
Government Government Act 1988 1988 Local Local 9 9 36 36 c. c.
within within fall fall
of of damage damage caused The The repair accident does section by by (2) (2) SCH SCH not not 1 1 an an
2(2)(g). 2(2)(g).
of of
repair repair maintenance within within police police vehicle vehicle falls
Neither Neither the the the (3) (3) nor nor a a
section section 2(2)(g). 2(2)(g).
mechanically mechanically propelled vehicle" vehicle" vehicle vehicle paragraph paragraph "motor In In this (4) (4) means means a a
adapted adapted roads roads intended intended for for otherwise land. or or on on or or on on use use
relation relation Scotland) Scotland) "police "police vehicle" in in paragraph paragraph (except (except In In this (5) (5) tO tO means means a a
of of of functions functions connection connection discharge the the police with with the only only vehicle vehicle in in used used an an
of of Common Common above above Council Council the the authority authority the the City falling falling within section 1(l)(e) or or
of of London. London.
paragraph paragraph relation relation Scotland, "police "police vehicle" vehicle" vehicle vehicle in in to to this this In In (6) (6) means, means, a a
of of of of authority. authority. connection connection discharge functions only only the the police with with the used used in in a a
"trailer" "trailer" paragraph paragraph adapted adapted intended intended
vehicle vehicle be be In In this (7) (7) to to or or means means a a
by by vehicle. vehicle. drawn drawn motor motor a a
SCHEDULE SCHEDULE Section Section 17(2). 17(2). 2
Punuc Punuc
WORKS WORKS SUPPLY SUPPLY CONTRACTS: CONTRACTS: OR OR
AUTHORITIES AUTHORITIES THE THE PUBLIC
authorities authorities Public Public
authority. authority. local local A A
section section corporation corporation urban urban order under development development established An An by by 135 135 an an
Government, Government, Planning and Land Act Act 1980. 1980. the the Local of of 1980 1980 65. c. c.
of of established established for the corporation corporation development development town. town. A A purposes purposes a a new new
Commission Commission for the The The Towns. New New
of of authority authority constituted constituted under the the Police Act police police section section A A 1964 1964 2 2 1964 1964 48. 48. or or as as
c. c.
of of of that that established established section section Act, Act, the section section by by 3(1) 3(1) 24 24 25. 25. mentioned mentioned in in or or or or
Government Government
Act Act Local Local 1985. 1985. 1985 1985 51. 51. c. c.
authority authority combination combination metropolitan constituted constituted and and scheme scheme fire fire by A A a a a
authority. authority. and and defence defence fire fire civil civil county county
Authority. Authority. London London Fire and and The The Defence Civil Civil
metropolitan metropolitan authority. authority. A A transport transport county county passenger passenger
of of authority authority order order under established established section section the Local An An by by 10(1) 10(1) an an
Act Act (waste (waste disposal). 1985 1985 Government Government
Ajoint Ajoint of paragraph paragraph Part Part order order under education education committee established established by by 3 3 an an
of of and and Education Education Inner London Education the the the Schedule Schedule Act Act
1944 1944 II II 1944 1944 31. 31. I I to to c. c.
Authority. Authority.
board board development development Scotland. A A in water water
Scottish Scottish Housing Association. Special Special The The
Authority. Authority. The The Broads
Planning Planning Board. The The Lake District Special Special
Joint Joint Planning Board. Park Park The The Peak
Transport Transport that constituted constituted body body Passenger Passenger such such Executive, Executive, A A is is to to any any say, say, as as
of of of of Part Part for for the the Executive Executive for II
transport transport purposes purposes area area passenger passenger an an a a
Transport Transport Act Act
1968. 1968. 1968 1968 73. c. c.
body body is is probation probation that constituted constituted after-care after-care committee, committee, and and A A any any to to say, say, as as
of of paragraph paragraph probation probation and after-care after-care committee committee for such such by by 2(1) 2(1) area area a a a a
of of Courts Courts Criminal Criminal Powers Powers Act Schedule Schedule the the 1973. 1973. 3 3 62. 62. 1973 1973 to to c. c. Local Government Act 1988 c. 9 37
A joint committee discharging under section 101 of the Local Government Act SCH 2 1972 functions of local authorities (within the meaning of that section). 1972 c. 70.
Interpretation In the application of this Schedule to England and Wales, "local authority" means—P (a) a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly; (b) the Common Council of the City of London in its capacity as local authority or police authority; and includes a residuary body established by Part VII of the Local Government 1985 c. 51. Act 1985. In the application of this Schedule to Scotland— (a) "local authority" means a regional, islands or district council or any joint board or joint committee within the meaning of the Local Government 1973 c. 65. (Scotland) Act 1973, and (b) "water development board" has the same meaning as in section 109(1) of the Water (Scotland) Act 1980. 1980 c. 45.
SCHEDULE 3 Section 29.
LOCAL GOVERNMENT ADMINISTRATION
Local Government Act 1974 (c. 7) 1. Part III of the Local Government Act 1974 (local government administration) shall be amended as mentioned in paragraphs 2 to 10 below. 2.—(I) In section 23(12) (Commissions to review operation of certain provisions in each financial year) for the words from "The Commissions" to "local authorities" there shall be substituted "In the financial year beginning on 1st April 1990, and in every third financial year afterwards, the Commissions shall review the operation (since the last review was made under this subsection) of the provisions of this Part of this Act about the investigation of complaints, and shall have power to convey to authorities to which this Part of this Act applies" (2) Section 23(12) shall not require a review in the financial year in which this Schedule comes into force; but the review in the financial year beginning on 1St April 1990 must relate to the operation of the provisions mentioned in section 23(12) since the last review was made under section 23(12) as unamended. 3.—(l) Section 24 (representative bodies) shall be amended as follows. (2) For subsection (6) (representative bodies to arrange for publication of reports) there shall be substituted— "(6) Each Commission shall arrange for the publication of the report submitted by them under subsection (4) above and of the reports of which copies are submitted by them under subsection (5) above." (3) In subsection (7) for "local authorities" there shall be substituted "authorities to which this Part of this Act applies". (4) For subsection (8) there shall be substituted— "(8) Before arranging for the publication of a report under subsection (6) above the Commission concerned shall give a reasonable opportunity for the appropriate representative body to comment on it, and if any comments
Local Local 9 9 Government Government Act 1988 1988 38 38 c. c.
arranging arranging made made for the published) for shall shall (when SCH SCH 3 3 be be report report are are to to arrange arrange
of of containing containing published published with the the be be such such it it to to comments comments as as an an annex
appropriate." appropriate." body body think
Sub-paragraphs Sub-paragraphs submitted submitted under above above apply and and (5) (5) (2) (4) to to report report any any
of of after after into into section section this Schedule and the the coming force 24(4) 24(4) report report to to any any copy copy a a
of of submitted submitted under which which force force is is of of after after the the coming into this this section section 24(5) 24(5)
Schedule. Schedule.
to" to" (authorities (authorities investigation) after "applies there there In In section subject 25(1) 25(1) 4. 4. to to
"the "the authorities" inserted inserted shall shall following shall be be be be and and the the following inserted
after after paragraph (b)— (b)—
"(ba) "(ba) the the Commission for the New Towns,
of of
corporation corporation established established for the (bb) (bb) development any any purposes purposes a a new
town, town,
the the Development Board (be) (be) Rural Rural for for Wales, Wales,
corporation corporation urban urban order under established established development development (bd) (bd) by by any any an
of of the the section section Local Local 135 135 1980 1980 Government, Government, Planning and and Land Act 1980,". 1980,". 65. 65. c. c.
5.—(l) 5.—(l) investigation) investigation) (matters (matters amended subject subject Section Section shall shall be 26 26 to to as as
follows. follows.
through through subsection subsection (complaint made In In be be (2) (2) (2) (2) entertained entertained unless unless not not to to a a
of of "it "it authority authority after "unless" member member the the concerned) there inserted shall shall be be is is
made made Commissioner writing writing the the action the the Local specifying specifying alleged in in to to to to
or". or". constitute constitute maladministration
of of of of In In months made made within subsection subsection (complaint notice notice be be (3) (3) (4) (4) 12 12 must must
complained complained but Commissioner of, of, investigate investigate complaint not not matters matters may may so so
if if circumstances circumstances made made make considers considers there do do special special he he which it proper proper to to are are
to" to" "the after after "unless made made inserted Commissioner there there shall be be Local so) so) it it was was
or" or" "there "there and and there there for for circumstances special special proper" proper" which which make shall shall be be it it are are
"it "it substituted substituted reasonable". reasonable". is is
authority authority "area "area of concerned" concerned" there subsection subsection for for the In In shall be be (4) (4) (7)
substituted substituted "following "following area— area—
the the complaint complaint the Commission for relates relates Towns, the the the New (a) (a) where to to
of of the the which which the complaint relates; town town area area towns towns to new new or or
the the complaint Development for Rural Board Board where where relates the Wales, (b) (b) to to
the the the the Wales Wales for which in in for for Board Board the time time being responsible; is is area area
other other the the in in of of authority authority concerned." concerned." the the (c) (c) area area any any case, case,
subsection subsection (power (power exclude from subject In In (9) (9) (5) (5) not not matters matters to to to
investigation) investigation) for "exclude from from of of that that provisions provisions Schedule" Schedule" there the the shall shall be be
of of "add "add that that substituted substituted from from the provisions has Schedule Schedule exclude exclude it it to to (as (as or or
for for the the time being)". effect effect
after after subsection subsection The The following inserted shall shall be (6) (6) (12)— (12)—
complaint complaint regards regards authority authority mentioned mentioned "(13) "(13) )(ba), section section in in A A 25(1 25(1 an an as as
of of entertained entertained above above (bb), (bb), this (bd) (bd) (be) (be) shall shall be be Part Part if if under under this this Act not not or or
of of and and anything anything done before before the into far far force force in in it it is is of of coming coming respect respect as as so so
of of Government Government default Act Act Schedule Schedule the the Local in in 1988, 1988, 3 3 respect respect to to or or any any
default default and subsection coming coming into arising arising before alleged alleged first first force; force; its its or or
above above have have shall shall (12) (12) effect this." this." subject subject to to
Sub-paragraph Sub-paragraph complaint complaint made after the the coming above above applies (7) (7) (3) to to any any
of of into into force this this Schedule. Schedule.
(reports (reports investigations) investigations) amended Section Section 6.—( 6.—( I) 30 30 shall shall be follows. follows. on on as as Local Government Act 1988 C. 9 39
(2) After subsection (4) there shall be inserted— ScH 3 "(4A) Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require." (3) In subsection (5) (not later than one week after receiving report, authority to give public notice of date from which report is available for inspection)— (a) for "one week" there shall be substituted "two weeks", (b) for "the report will be available for inspection as provided by subsection (4)" there shall be substituted "copies of the report will be available as provided by subsections (4) and (4A)", and (c) for "after the giving of the public notice" there shall be substituted "not more than one week after the public notice is first given". (4) In subsection (7) (Local Commissioner may direct that report shall not be subject to certain provisions) for (5) above about its publication" there shall be substituted ", (4A) and (5) above". (5) This paragraph applies to any report received by an authority in pursuance of section 30(1 )(c) after the coming into force of this Schedule. 7.—( I) Section 31 (reports: further provisions) shall be amended as follows. (2) After subsection (2) there shall be inserted— "(2A) A report under subsection (2) above shall be laid before the authority concerned, and it shall be the duty of that authority to consider the report, and to notify the Local Commissioner of the action which the authority have taken, or propose to take." (3) In subsection (3)(a) after "(1)" there shall be inserted "or (2A)". (4) In subsection (3)(b) for "referred to in the report" there shall be substituted "to which the report relates".
(5) This paragraph applies wherp report is made after the coming into force of this Schedule. 8.—(l) Section 32 (defamation and disclosure) shall be amended as follows. (2) In subsection (t)(a) after "member" there shall be inserted "or officer" (3) In subsection (l)(c) after "public" there shall be inserted "or in supplying a copy under section 30(4A) above". (4) This paragraph applies to any publication after the coming into force of this Schedule. 9.—( I) In paragraph 4(5) of Schedule 4 (functions of a Local Commissioner, other than that of making a report, may be performed by an officer) the words ", other than that of making any report," shall be omitted. (2) This paragraph applies to the making of any report after the coming into force of this Schedule, whether or not the making was begun by a Local Commissioner before the coming into force.
10. The following shall be inserted at the end of Schedule 5 (matters not subject to investigation)— "6. Action taken by an authority mentioned in section 25(l)(ba), (bb) or (be) of this Act which is not action in connection with functions in relation to housing. 7. Action taken by an authority mentioned in section 25(l)(bd) of this Act which is not action in connection with functions in relation to town and country planning."
Government Government 9 9 1988 1988 Local Local 40 40 Act Act c. c.
SCH SCH Local Local (Scotland) Government Government 1975 1975 3 3 30) 30) Act Act (c. (c.
of of the the Part Part Government Government (Scotland) Local Local Act Act II II (local (local 1975 1975 11. 11.
paragraphs paragraphs administration) administration) amended amended mentioned shall shall below. below. be be in in 12 12 17 to to as as
(authorities (authorities investigation) investigation) subsection In In section subject there in in 23 23 12. 12. (I) (I) to to
added added the the end— shall shall be be at at
of of board board "(i) "(i) within within the meaning licensing licensing
the the Licensing
any any
1976 1976 66. 66. (Scotland) (Scotland) Act Act 1976." 1976." C. C.
section section In In 3.—( 3.—( 24 24 1) 1) (matters (matters I I subject subject investigation)— to to
"it "it after after "unless" subsection subsection there there inserted inserted (a) (a) shall be be in in (2) (2) is is made made in in
writing writing the Commissioner action action specifying specifying constitute constitute to to the the alleged alleged to to
maladministration maladministration or";
after after subsection subsection (b) (b) in to" to" "unless "unless made made there inserted inserted shall shall be be (4) (4) it was was
"the "the "there "there Commissioner Commissioner and for circumstances circumstances special special or" or" which which are are
"it "it proper" proper" substituted substituted reasonable"; make make there it it shall be be is is
subsection subsection for for in in of of that provisions provisions "exclude "exclude from Schedule" the the (9) (9) (c) (c)
"add "add substituted substituted provisions provisions there there exclude exclude from the shall shall be be of of that that to to or or
has has Schedule Schedule effect effect it it being)". being)". for for the time time (as (as
Sub-paragraph Sub-paragraph (l)(b) complaint complaint above above applies after (2) (2) made made the the to to
any any
of of into into coming coming force this this Schedule.
(reports (reports investigations) investigations) In In section the 28(7) 28(7) 14. 14. "about "about words words its its on on
publication" publication" shall shall have effect. effect. to to cease cease
further further (reports (reports investigations: investigations: provisions) provisions) In In section 29 29 15. 15. in in on on
subsection subsection (3)— (3)—
paragraph paragraph after after "subsection )" )" inserted shall shall (a) (a) in (a) (a) be be (I (I there there "or "or (2A)"; (2A)";
paragraph paragraph for for "referred (b) (b) in in report" report" substituted substituted there there the the shall shall (b) (b) be be in in to to
"to "to relates". relates". which which the report report
(defamation (defamation "a "a and and for for subsection subsection disclosure) disclosure) In In section in in )(c) )(c) 30 30 16. 16. (1 (1 report report
of of
public" public" substituted substituted "copies available available the there shall shall be to to available report report
a a as
above". above". provided provided section section by by 28(4) 28(4)
(functions (functions Schedule Schedule of of of other other than than that Commissioner, Commissioner, In In the 7.—( 7.—( I) 4 I I
paragraph paragraph performed performed making making the the words by by 4(3) 4(3) be be officer) officer) in in report, report, may may an an a a
that that of than than making making ", ", other other report," report," omitted. omitted. shall shall be be any any
paragraph paragraph of after after making making applies applies the coming This This the the (2) (2) report report to to into
any any
of of making making the the this this Schedule, whether force force begun begun the the by by not not or or was was
Commissioner Commissioner before the coming into force. force.
SCHEDULE SCHEDULE Section Section 4 30. 30.
32. 32.
1982 1982 III III
ACT ACT 1982 PART PART LOCAL GOVERNMENT FINANCE INSERTED INSERTED SECTIONS SECTIONS c. c. BE BE IN IN TO TO OF
auditor auditor (I) (I) relation relation The The for for the the the the who who time time being of of auditor 25A.— in in Power Power is is to to person person
of of
body body required required whose whose issue issue audited audited accordance accordance be be to to in accounts accounts accounts to
are are any any
prohibition prohibition order.
of of Part Part Part order order under this this Act section this with with this this issue issue (in (in may may an an
"prohibition "prohibition order") that if if the body referred referred has has believe believe he he to to to to or or reason reason as as a
of of the the body— officer officer any any
about about make make made made would would has has decision which involves (a) (a) involve is is to to or or or or a a
incurring incurring expenditure body body unlawful; unlawful; the the which is is or or
about about (b) (b) is is of of if if pursued take take taken action has has which, its its to to to to or or course course a a
and and conclusion, conclusion, would unlawful unlawful loss loss deficiency; be be likely to to cause cause a a or or or or Local Government Act 1988 c. 9 41
(c) is about to enter an item of account, the entry of which is unlawful; ScH 4 and for the purposes of this section and section 25B below, the actions of a committee or sub-committee of the body or of any other person (not being an officer) authorised to act on behalf of the body shall be treated as the actions of the body itself. (2) A prohibition order is one— (a) which is addressed to the body or officer concerned; (b) which specifies the paragraph of subsection (1) above which is relevant and the decision, course of action or item of account to which the order relates; (c) which specifies the date on which (subject to subsection (5) below) the order is to take effect, being a date not earlier than the date of service of a copy of the order in accordance with paragraph (a) or, as the case may be, paragraphs (a) and (b) of subsection (4) below; and (d) which requires the body or officer concerned to desist from making or implementing the decision, taking or continuing to take the course of action or, as the case may be, entering the item of account in question.
(3) Where two or more auditors are appointed in relation to the accounts of any body, the power to issue a prohibition order may be exercised by the auditors acting jointly or by such one of them as they may determine; and, in relation to such an order, any reference in subsections (4) and (5) below to the auditor is a reference to the auditor or auditors by whom the order is issued. (4) A copy of a prohibition order— (a) shall be served on the body to which, or to an officer of which, it is addressed; and (b) in the case of an order addressed to an officer, shall also be served on him; and (c) may be served on such other person or persons as appears to the auditor to be appropriate. (5) A prohibition order shall not have effect unless, not later than the end of the period of seven days beginning on the date of service referred to in subsection (2)(c) above, the auditor serves on the body concerned and on any officer on whom a copy of the order was served under subsection(4)(b) above, a statement of the auditor's reasons for the belief referred to in subsection (I) above. (6) Any copy of an order or statement which under this section is to be served on an officer of a body shall be served on him by addressing it to him and by delivering it to him or leaving it at, or sending it by post, to the office at which he is employed. (7) A prohibition order may at any time be revoked (but not varied) by the person who is for the time being the auditor in relation to the accounts of the body to which or to an officer of which the order was addressed. 25B.— (I) So long as a prohibition order has effect, it shall not be lawful for the Effect of and body concerned or any officer of that body to make or implement the decision, to appeals against take or continue to take the course of action or, as the case may be, to enter the prohibition item of account to which the order relates. orders. (2) A prohibition order— (a) takes effect, subject to subsection (5) of section 25A above, on the date specified in the order in accordance with subsection (2)(c) of that section; and (b) continues to have effect, subject to any order or decision of the High Court on an appeal under subsection (3) below, until revoked under section 25A(7) above.
Local Local Government Government Act 9 9 42 42 1988 c. c.
after after later later than under twenty-eight twenty-eight days the the service service ScH ScH 4 4 Not Not section section 25A(5) 25A(5) (3) (3)
of of of of prohibition prohibition order, above above relating relating the body statement statement to to a a reasons a a
that that of of (but (but concerned concerned body) appeal against officer officer not not order order the the the to to may may any any
of of Court Court accordance accordance High High with with rules in in court. court.
prohibition prohibition order under
appeal appeal against subsection subsection On On above, above, the (3) (3) (4) (4) an an a a
Court Court order order thinks thinks make make High High for the the body such such by by it it fit fit payment payment may may as as
of of connection connection incurred incurred with with in in auditor auditor appeal. appeal. concerned concerned the the the by by expenses expenses
auditor auditor Any Any reasonably incurred the the by by (5) (5) in in connection connection with with or or expenses expenses
of of prohibition prohibition order him him the the recoverable from from the body shall shall issue issue be be by a a
concerned. concerned.
"the "the concerned", concerned", prohibition prohibition order, relation relation in in In In this section body (6) (6) to to a a
of of order order the the body which, which, the which, which, officer officer is is to to addressed. means means or to an an
25C.— 25C.— In In where— where— (1) (1) Supplementary Supplementary any any case case
to to
provisions provisions as as
prohibition prohibition order body body into before before issued, issued, (a) (a) is is enters enters contract contract a a to to a a
a a
of of interest interest land, land, and dispose dispose acquire acquire in in or or an an
oerS oerS
completed, completed, disposal disposal the the prohibition prohibition order acquisition acquisition before before takes takes (b) (b) is is or or a a
of of result result unlawful for the body which which it effect effect is is complete complete the as as to to a a
disposal disposal acquisition, or or
of of prohibition prohibition order the the damages the the prejudice existence existence shall remedy remedy in in not not any any
of of body's body's available available failure failure which which by the be be to to complete person person may may reason to to any any
the the contract. contract.
auditor auditor of No No action damage damage against against shall shall in in loss (2) (2) lie lie respect respect an an any
or or
of of of prohibition prohibition the the have have been caused alleged alleged issue issue by by order order to to which which reason reason a a
but but nothing good good subsection subsection faith; faith; affects affects of of the the right this this issued issued in in in court court was was a a
auditor auditor award award against against appeal under above. above. section section 25B(3) 25B(3) to to costs costs an an an an on
25D.—(l) 25D.—(l) of of Court Court Supreme Supreme Subject Subject Act section section the of of auditor 31(3) 31(3) Power Power to to (no (no 1981 1981
for for judicial review review apply apply for auditor auditor without without application application appointed relation relation the the leave) leave) to to in to to
judicial judicial review, review,
of of application application for judicial the the body body make with review review accounts accounts an an may may respect a a
54. 54. 1981 1981 to— to— c. c.
of of decision decision body, body, that that (a) (a) or or any any
that that failure failure body body (b) (b) by to to act, any any
either either reasonable reasonable which which would case) case) it believe believe (in (in
is is the the have have effect effect to to an an
on on
of of that that body. body. accounts accounts
of of The The the the existence existence of of auditor auditor Part Part under under conferred conferred this this this (2) (2) on on an powers powers
ground ground for application application regarded regarded Act Act refusing falling shall shall be be not not within within an an as as a a
make make subsection subsection above (or application for such such leave leave (1) (1) application). application). to to an an an an
application application for judicial On On made mentioned subsection subsection review review in in (3) (3) (1) an an as as
order order thinks thinks above, above, the for the make make such such it it fit fit court court the the body by by payment payment may may as as
auditor auditor of of application application relates incurred incurred the the whose whose decision the by by to to in in expenses expenses
connection connection the application. with with
Section Section 31. 31. SCHEDULE SCHEDULE 5 5
HELD HELD PUBLIC PUBLIC LAND LAND BODIES BODIES BY BY
of of Part Part Government, Government, Planning and Land Act Act the the Local X X 65. 65. 1980 1980 1. 1. shall shall be be 1980 1980 c. c.
of of amended amended mentioned this this following following provisions Schedule. Schedule. the the in in as as
after after inserted inserted The The following section section 2.— 2.— shall shall be (1) (1) 96— 96—
(I) (I) under under Where Where land entered register register 96A.— 96A.— "Information "Information section section on on a a
about about entries. entries.
above, above, 95(3) 95(3) of of reasonably reasonably State State Secretary Secretary the the shall is is soon soon as as as
of of practicable practicable after entering the the land send send the the a a copy
information information relation relation the the register included included in in in in the the land to to to Local Government Act 1988 c. 9 43
any body to whom this Part of this Act applies, if it appears ScH 5 from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land. (2) Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation to the land, he shall as soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land. (3) The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above. (4) Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body. (5) If at any time the body becomes aware that any information in the only or latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that the information is inaccurate and give him (so far as they are able) the corrected information. (6) Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above." (2) Section 96A(l) and (2) apply whether the land was entered on the register before or after the coming into force of this paragraph; and in its application to land entered on the register before the coming into force of this paragraph section 96A(l) shall have effect as if for the words "entering the land" there were substituted the words "the coming into force of paragraph 2 of Schedule 5 to the Local Government Act 1988." 3. The following shall be substituted for section 97 (Secretary of State's power to require information)— "Secretary of 97.— (1) The Secretary of State may direct a body to whom State's power to this Part of this Act applies to inform him whether the body or require a subsidiary of the body holds a freehold or leasehold interest information, in land which is specified, or is of a description specified, in the direction. (2) A body need only comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation. (3) Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify." 4.— (1) Section 98 (directions to dispose of land) shall be amended as follows. (2) After subsection (2) there shall be inserted— "(2A) A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who— (a) is specified, or is of a description specified, in the direction, and
Local Local Government Government Act 44 44 1988 1988 9 9 c. c.
SCH SCH 5 5 date date proposed proposed disposal disposal made associated the the with with the the (b) (b) be be is is is at at to to
the the body the direction whom whom to to given." given." is is
After After subsection inserted— inserted— (3) (3) there there shall be be (5) (5)
subsection subsection disposal "(6) "(6) references references (2A) (2A)
of of above above interest interest In In to to
an an a a
include include
of of and and interest, interest, references references dispose references references contract contract to to to to to a a an an
making making disposal include include
entering entering into references references such such contract. contract. to to a a a
For For of of subsection above above
the the (2A) (2A) (7) (7) is is associated associated with with purposes purposes person person
a a
only only body body if if)— if)— (but (but a a
of of of of
body body subsidiary member member the the the the (a) (a) he is is body, body, or or a a or or a a
(b) (b)
of of of of of subsidiary subsidiary body. body. nominee nominee the the body the the he he is is or or a a a a
the the subsection (8) (8) of of For For body body above above associated with with (2A) (2A) is is purposes purposes a a
another another (but body body if only only if)— if)—
other other of of body. body. the the subsidiary body,
(a) (a) other other of member member the the it, it, is is or or a a a a
of of
its its (b) (b)
of of of of other other member member members members body the the also also is is any any a a or or
a a
of of subsidiary subsidiary body, the the other other or or
its its
of of of of of of other
subsidiary subsidiary members members nominee body the the (c) (c) is is any any a a
or or
a a
of of other other the the body. body.
Notwithstanding Notwithstanding and and subsections subsections section section below, below, (9) (9) in (7) (8) 100(1) 100(1)
"subsidiary" "subsidiary" above above has has the meaning section of of the the 736(1) 736(1) in in same same as as
Companies Companies 1985." 1985." 1985 1985 6. 6. Act Act c. c.
No No direction under provision provision varied varied include section section 98(3) 98(3) be be (4) (4) to to may may as as so so
direction direction sought mentioned mentioned before before section section 98(2A) varied if if the in in given given be be to to
was was
of of coming coming paragraph. paragraph. into into the the this force force
5.—(l) 5.—(l) supplementary) supplementary) amended amended (directions: (directions: Section Section follows. follows. be be 99 99 shall shall as as
After After subsection there there (2) (2) inserted— inserted— shall shall be (5) (5)
of of State State "(5A) "(5A) The Secretary notice need need (I) (I) under under subsection give give not not
further further direction regards regards above above direction direction revoking revoking previous given given as as a a
under under section above. above. 98 98
(SB) (SB) of of under under notice notice subsection The The Secretary State need need give give not not (1) (1)
regards regards further direction previous previous above above varying direction direction given given as as a a
a a
under under above section section 98 98 if— if—
of of variation variation the the consists only (a) (a) of of the the land omits omits which which part part to to one one
which which the previous direction relates, relates, or or
variation variation the the further direction stated stated (b) (b) in in is is the the of of consist consist only only to to one one
of of representation representation made made take take which which is is of of account account the the body to to to to a a
whom whom the previous direction given. given. was was
of of under direction direction above above The The from section section (5C) (5C) 98 98 contents contents differ differ may may a a
proposed proposed contained under notice notice given its its in in contents contents subsection (1) (1) a a
above above if— if—
of of the the variation difference difference consists only (a) (a) of of the the omits omits which which part part a a
land land referred proposed the the in in to to contents, contents, or or
(b) (b)
variation variation direction direction stated stated consist only the the difference the the in in is is of of to to
a a
made made which which is is of of of of representation representation take take the the body account account to to to to a a
whom whom the notice given; given; was was
and and the "as "as proposed" above above words words subsection have shall shall effect effect in in (3) (3)
accordingly. accordingly.
of of order order The The Secretary State by by (SD) (SD) by by instrument instrument made made statutory statutory may may
order order period period substitute substitute for for specified specified of of period period days days the the the the specified specified 42 42 in in a a
subsection subsection in in other other above above period for for for such such (3) (3) is is the the time being or or as as
of of that that subsection subsection specified specified in by by order order under subsection. subsection. virtue virtue this this an an Local Government Act 1988 C. 9 45
(SE) No order under subsection (SD) above may substitute a period as Scif 5 regards a notice given before the coming into force of the order." (3) In subsection (6)(b) for "section" there shall be substituted "subsection". (4) In subsection (7) after "subsection" there shall be inserted "(SD) or". (5) Section 99(5A) and (5B) apply whether the previous direction was given before or after the coming into force of this paragraph; and section 99(SC) applies whether the notice was given before or after the coming into force of this paragraph. 6. The following shall be inserted after section 99— "Power of entry. 99A.—(l) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land. (2) A person may not enter land under this section unless, at the time of the authorisation under subsection (1) above, at the time of the entry, and at all times between the authorisation and the entry, the land is entered on a register maintained under section 95 above. (3) A person may not enter land under this section unless at least 21 clear days' notice in writing of the intended entry has been given to every person who is an owner or occupier. (4) In this section "owner", in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement."
SCHEDULE 6 Section 32.
DIRECT LABOUR ORGANISATIONS
Local Government, Planning and Land Act 1980 (c. 65) I. Part III of the Local Government, Planning and Land Act 1980 shall be amended as mentioned in paragraphs 2 to 10 below. 2.—(l) Section 7 (limitations on power to enter into works contracts) shall be amended as follows. (2) In subsection (1) after "works contract" (in each place) there shall be inserted "under which they are to carry out work". (3) After subsection (I) there shall be inserted— "(IA) A local authority may not enter into a works contract under which they are to carry out work unless the competition condition is fulfilled, that is, the other party to the contract, in entering into it and doing anything else in connection with it before entering into it, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition. (IB) Subsection (IA) above shall not prevent the local authority from entering into the contract unless, at the time it is proposed to be entered into, they are aware of the failure to fulfil the competition condition."
Local Local 46 46 Ac! Ac! 1988 9 9 Government Government c. c.
of of subsection subsection end end 6 6 SCH SCH added added "who At At there there include the the shall shall be be (3)(c) (3)(c) (4) (4) not, not, are are or
authorities authorities three three development bodies". least least who local local at at persons persons not, are are or or
3.—(l) 3.—(l) of of (regulation (regulation functional work) amended Section Section shall shall follows. follows. be be 9 9 as as
maintained maintained "included "included subsection subsection In In there (4)(a) (4)(a) for by by list list (2) (2) in in them" them" shall shall a a
substituted substituted "who include include three who be be least least at at not, not, not, local local are are or or persons are
authorities authorities development development
included included bodies bodies and and maintained who who list list by in in or or are are a a
authority authority work". undertake undertake body body the the the seeking seeking to to or or
After After subsection there there inserted— (4)(a) (4)(a) shall shall be (3) (3)
that that "(aa) "(aa) invitation invitation prescribed included included the the they they have (which in in matters matters
relate relate for responding, time time allowed the the of of method method the the to to
may may
responding, responding, otherwise); otherwise); and and or or
that that (aaa) (aaa) prescribed prescribed requirements they they have complied with to to as as responses
requirements requirements disregard include include (which (which certain certain to to may may
responses, responses,
about about
of of requirements requirements keeping keeping opening otherwise); the the or or responses, or or
and and
reaching reaching in in that that that, that, undertake (aaaa) (aaaa) should should the the decision they the work
and and doing anything connection with with the work before else else in in in reaching reaching
the the decision, they acted acted having the have have effect effect in in not not or or manner manner a a
of of distorting distorting intended intended restricting, have have thc likely likely effect effect to to or or
or or
and". and". preventing preventing competition;
"prescribed" "prescribed" After After subsection there inserted inserted shall shall (4)(b) (4)(b) be be in in (4) (4) and and "; ";
paragraphs paragraphs and and above above (aaa) (aaa) regulations made prescribed prescribed (aa) (aa) the by by by by means means
of of State." State." Secretary Secretary
After After subsection inserted— inserted— there there shall be be (5) (5) (5)
Regulations Regulations that that under under above above provide "(5A) "(5A) subsection the the (3)(a) (3)(a) may may
conditions conditions and and (aaa) above subsection subsection if if in in apply apply the work (4)(aa) (4)(aa) not not are are to to
description description falling falling within regulations regulations criteria criteria the the satisfies satisfies such specified specified by
a a
specified." specified." are are as as so so
for for "conditions subsection subsection subsection shall shall In In specified (6) (6) (6) in (4)" (4)" there be be
"condition "condition substituted substituted specified specified subsection subsection (4)(a)". in in
paragraph paragraph after after (accounts) (accounts) there subsection subsection section section shall (b) (b) In In in in be be (3) (3) 4. 4. 10 10
inserted inserted
"; "; and and
- -
of of maintenance maintenance the the lighting." lighting." (c) (c) street street
(annual (annual balance amended S.—(1) S.—(1) Section sheet etc.) shall follows. follows. be be 13 13 as as
and and omitted. Subsection Subsection subsection subsection (2)(a) (2)(a) shall shall be be (2) (2) (3)
After After subsection inserted— inserted— there there shall be be (5) (5) (3) (3)
"(5A) "(5A) expressed expressed such be be A A in in account account form form Secretary the the must must revenue revenue as as
of of specify specify in in writing." writing." State State may may
of of subsection subsection (general (general financial duty: section section deficits) deficits) In In (4) (4) 6. 6. 16 16 treatment treatment
omitted. omitted. shall shall be be
of of Section Section of of of (rates (rates omitted. State) State) Secretary Secretary shall shall be be 7. 7. 17 17 return: return: powers powers
8.—(l) 8.—(l) (annual (annual reports) amended amended Section Section shall shall follows. follows. be be 18 18 as as
(I) (I) After After subsection inserted— there there shall (2) (2) be be
under under "(IA) "(IA) this this section include— A A report report must must
of of identifying identifying (if (a) (a) statement statement undertaken work work any) any) the the such such falls falls a a as as
construction construction maintenance maintenance work within within virtue decision decision by by of of or or
a a
under under and and section section 20(5) 20(5) below; below;
of of of of documents documents the the each each which which (b) (b) it it is is required required in in to to copy copy a a prepare prepare
above." above." accordance accordance with with section section 13(1) 13(1) Local Government Act 1988 c. 9 47
(3) After subsection (2) there shall be inserted— ScH 6 "(2A) A local authority or development body who have prepared a report under this section shall send a copy to the Secretary of State and to their auditor not later than 31St October in the financial year following that to which the report relates.
(2B) Where a local authority's or development body's auditor has been sent a copy of a report in accordance with subsection (2A) above, he shall consider the statement of rate of return a copy of which is contained in the report by virtue of subsection (1 A)(b) above, and shall give his written opinion on the statement to the authority or body concerned and to the Secretary of State."
(4) At the end of the section there shall be added— "(5) For the purposes of subsections (2A) and (2B) above a local authority's or development body's auditor is the person who under any enactment is appointed, for the financial year for which the report is prepared, to audit the accounts of the authority or body."
9. After section 19 there shall be inserted—
"Sanctions
Notice for 1 9A.— (I) If it appears to the Secretary of State that a local purpose of getting authority or development body have carried out or undertaken information, construction or maintenance work— (a) under a contract they have entered into in contravention of section 7 above, (b) in circumstances where any provision of section 9(2) to (7) above has not been complied with as regards the work, (c) in circumstances where section 10 above has not been complied with as regards the work, (d) in circumstances where the provisions of section 12(1) above or of directions under section 12(5) above have not been complied with as regards any account kept in respect of the work, (e) in circumstances where section 13 above has not been complied with as regards the preparation or contents of the documents required by that section for the financial year in which the work is undertaken, (I) in circumstances where any provision of section 16(1) to (3) above has not been complied with as regards work of the description concerned, or (g) in circumstances where any provision of section 18(1) to (2A) above has not been complied with as regards the financial year in which the work is undertaken, he may serve on the authority or body a written notice falling within subsection (2) below.
(2) The notice is one which— (a) informs the authority or body that it appears to him that they have acted as mentioned in one of the paragraphs (identified in the notice) of subsection (I) above, (b) identifies the work concerned and states why it so appears, and (c) contains the requirement mentioned in subsection (3) below.
Local Local 9 9 Government Government 1988 1988 48 48
Act Act c. c.
SCH SCH
that that authority authority The The requirement body body the the (3) (3) 6 6 is is submit submit to to or or
within within time time him him specified specified
written written the the notice such such in in is is as as a a
which— which— response response
they they that that mentioned mentioned have have acted the the (a) (a) in in states states not as as
of of paragraph paragraph concerned concerned subsection subsection (I) (I) and and above above
justifies justifies the statement, statement, or or
that that
acted acted they they have (b) (b) and and mentioned mentioned states states gives gives as as so so
direction direction under should should why why he give give not not reasons reasons a a
section section below. 19B 19B
of of authority authority State State body The The Secretary (4) (4) or or may may on an serve serve
under under different different notices this section identifying the work, work,
same same
whether whether identify identify they they
paragraph paragraph different different the the same same
or or
of of (I) (I) paragraphs paragraphs subsection subsection above. above.
19B.—(l) 19B.—(l) Where— Power Power give give to to
directions. directions.
of of State State the the Secretary has served served (a) (a) notice notice a a
on on an
authority authority body under section section 9A 9A
above, above, or or 1 1
the the the the time time specified specified (b) (b)
(whether (whether notice notice has expired in in or or
written written notice), has has received he he not not the response response to a a
and and
it it stilt stilt (c) (c)
authority authority that that body body have have the the him him to to appears appears or or
paragraph paragraph mentioned mentioned acted acted the in in of of concerned concerned as as
section section 19A(l) above, above,
he he direction direction under subsection subsection below. below. give give (3) (2) (2) or or may may a a
of of that that State State The The Secretary from direct direct with with effect effect (2) (2) may may
authority authority date date the the direction the such such specified specified in is is body— body— as as or or
(a) (a) shall have have such such to to out to to power power carry cease cease
construction construction maintenance work work identified identified is is in in or or as as
direction, direction, the the or or
construction construction regards regards such such (b) (b) shall, maintenance maintenance or or as as
work work identified, only is is have have it it out out to to as as so so power power carry
conditions conditions if if such such specified specified direction direction the the in in are are are are as as
fulfilled. fulfilled.
that that Alternatively, Alternatively, direct direct with with he he (3) (3) from from such effect effect may may
date date specified specified is is
authority authority body— body— the the direction the in in as as or or
have have (a) (a) shall to to such such out out to to cease cease carry carry power power
construction construction maintenance maintenance work work identified identified is is in in or or as as
direction, direction, and the the
(b) (b) shall,
other other construction regards regards such such as as or or
maintenance maintenance work identified, identified, is is only only have so so power power as as
if if conditions conditions such such specified specified it it in in out out to to the the are are carry carry as as
direction direction fulfilled. fulfilled. are are
of of State State Secretary Secretary Where Where the has has (4) (4) direction direction under given given
a a
subsection subsection above above subsection subsection previous this this (3) (3) (2) (2) (the (the or or or
direction direction direction) direction)
he he give that that direction) direction) with with (a (a a a may may new new
effect effect date date direction— direction— from from the the specified specified such such in in is is as as new new
prohibition prohibition (a) (a) of of applying applying the the previous virtue virtue by by any any
(whether (whether direction direction
outright outright prohibition prohibition applies applies the the or or
if if conditions fulfilled) fulfilled) shall apply, apply, are are not to to cease cease
outright outright of of prohibition prohibition applying applying virtue (b) (b) by the the any any
direction direction previous previous is is prohibition prohibition replaced replaced by by
a a
applying applying if if conditions (as (as regards the work) same same
direction direction the the specified specified in in fulfilled, fulfilled, not not or or are are new new
prohibition prohibition applying applying regards regards work (c) (c) of of virtue virtue by by any any as as
previous previous direction the the prohibition prohibition (whether (whether the the
applies applies outright outright if if conditions fulfilled) fulfilled) not not is is or or are are Local Government Act 1988 c. 9 49
replaced by a prohibition which applies only to such ScH 6 of that work as is identified in the new direction but which is otherwise in the same terms as the prohibition in the previous direction. (5) If the Secretary of State directs under this section that an authority or body shall cease to have power to carry out work, or shall only have power to carry out work if certain conditions are fulfilled, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to do the work or (as the case may be) to do it without the need for the conditions to be fulfilled. (6) The power to give a direction under this section shall be exercised in writing. (7) A direction under this section may include such supplementary, incidental, consequential or transitional provisions (whether with respect to work in progress or outstanding contractual commitments or otherwise) as appear to the Secretary of State to be necessary or expedient." 10.— (1) Section 20 (interpretation) shall be amended as follows. (2) In subsection (1) after paragraph (b) of the definition of "construction or maintenance work" there shall be inserted "and (c) the maintenance of street lighting;". (3) In subsection (I), in paragraph (a) of the definition of "development body", sub-paragraph (iii) and the word "and" at the end of sub-paragraph (ii) shall be omitted. (4) In subsection (I) for paragraph (a) of the definition of "local authority" there shall be substituted— "(a) in relation to England and Wales— (i) a county council, a district council, a London borough council, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985 or the Council of the 1985 c. 51. Isles of Scilly, or (ii) The Common Council of the City of London in its capacity as local authority or police authority;". (5) In subsection (4)— (a) after the word "Commission", in both places where it occurs, there shall be inserted "or the Secretary of State"; and (b) after the word "which", in the first place where it occurs, there shall be inserted "is an agreement made by virtue of any provision of the Employment and Training Act 1973, which". 1973 c. 50. (6) After subsection (4) there shall be inserted— "(5) If a local authority or development body undertake work which (apart from this subsection) would not fall within construction or maintenance work, and which in their opinion cannot be undertaken efficiently separately from construction or maintenance work, the work shall (if they so decide) be treated as falling within construction or maintenance work. (6) In section lO(3)(c) above and in subsection (I) above, in paragraph (c) of the definition of "construction or maintenance work", "Street" (except in relation to Scotland) has the meaning given by section 329(1) of the Highways 1980 C. 66. Act 1980 and (in relation to Scotland) means a road as defined in section 25(3) of the Local Government and Planning (Scotland) Act 1982. 1982 C. 63.
Local Local Government Government Act 1988 1988 9 9 50 50 c. c.
Nothing Nothing prejudice prejudice sections sections shall shall l9A l9A remedy (7) (7) in in and and above SCH SCH 6 19B 19B any any
of of sections) sections) failure
(apart (apart available available those those observe respect respect from from in in to to to to person person a a a a
of of of of Act." Act." Part Part provision provision this this this a a
(Scotland) (Scotland) Local Local 30) 30) Government Government 1975 1975 Act Act (c. (c.
Government Government (Scotland) Schedule Schedule the Act Act shall shall Local Local be be 1975 1975 3 3 to to 11.— 11.— (1)
amended amended follows. follows. as as
paragraph paragraph authority authority funds)— funds)— 22(1) 22(1) (local In In (2) (2)
"any", "any", both" both" "either "either substituted substituted and and for for there there (a) (a) shall be or or
sub-paragraph sub-paragraph after after inserted— inserted— there there shall shall (b) (b) be be (b) (b)
"DLO "DLO fund") fund") "(c) "(c) fund fund (to known known there there which which be be to to reserve reserve as as a a a
charged charged into there paid paid which which be be deficit be in, in, any any or or may may may any
surplus surplus of— of—
authority authority under kept kept the the DLO DLO by by (i) (i) account account any any revenue
of of Government, Planning and and Land Act section section the the Local 10(1) 10(1) 65. 65. 1980 1980 c. c.
1980; 1980;
of of authority authority under under kept kept the the section section by by 9(2) 9(2) (ii) (ii) account account any any
Government Government the the Local Act Act 1988."
paragraph paragraph After After there inserted— shall shall be 24 24 (3) (3)
authority authority DLO DLO established established whom whom "24A. "24A. local local fund A A by is is reserve reserve a a
paragraph paragraph under under above from time time time— 22 22 to to may may
that that into into fund fund surplus; (a) (a) or or any any pay pay
fund fund deficit, deficit, that that charge charge (b) (b) to to any any
paragraph paragraph above." above." referred referred 22(1)(c) 22(1)(c) in in to to
SCHEDULE SCHEDULE Section Section 41. 41. 7 7
REPEALS REPEALS
PART PART I I
WORKS WORKS CONTRACTS PUBLIC PUBLIC SUPPLY OR OR
of of Chapter Chapter Extent Extent Short Short repeal repeal title title
Housing Housing Section Section 52(a). 52(a). 1985. 1985. Act Act 68. 68. 1985 1985 c. c.
Housing Housing (Scotland) (Scotland) Act Section Section 337. 337. 26. 26. 1987 1987 c. c.
1987. 1987.
of of accordance accordance These These repeals have with with section this Act. shall shall effect effect in 23 23 Local Government Act 1988 c. 9 51
PARTIL SCH7
LOCAL GOVERNMENT ADMINISTRATION
Chapter Short title Extent of repeal
1974 c. 7. Local Government Act In Schedule 4, in paragraph 1974. 4(5) the words ", other than that of making any report,". 1975 c. 30. Local Government (Scot- In section 28(7) the words land) Act 1975. "about its publication". In Schedule 4, in paragraph 4(3) the words ", other than that of making any report,".
These repeals shall have effect in accordance with section 29 of and Schedule 3 to this Act.
PART III
DIRECT LABOUR ORGANISATIONS
Chapter Short title Extent of repeal
1980 c. 65. Local Government, Plan- In section 13, subsections ning and Land Act 1980. (2)(a) and (3). In section 16, subsections (4) to(6). Section 17. In section 19, in subsection (1) the words "other than the reference in section 16(4)(b) above", and subsections (3) and (4). In section 20, in subsection (1), in paragraph (a) of the definition of "development body", sub-paragraph (iii) and the word "and" at the end of sub-paragraph (ii).
These repeals shall have effect as provided by order under section 32 of this Act.
52 52 Government Government 9 9 Local Local 1988 1988 Act Act c. c.
SCH7 SCH7 IV IV PART PART
DOG DOG LICENCES LICENCES
of of Chapter Chapter Short Short title title Extent Extent repeal
Protection Protection Geo. Geo. 23 23 of of Animals Animals In words the the section section & & 24 1(1), 1(1), 5 5 c. c.
"and "and (Cruelty (Cruelty Dogs) Act for holding 17. 17. to to or or
obtaining obtaining 1933. 1933. dog dog licence". licence". a a
Section Section 1(3). 1(3).
the the words section section In In 1(4), 1(4),
"or "or for for applies applies obtains obtains or or
dog dog licence". a a
"and "and the the words section section In In 2, 2,
for for holding obtaining obtaining and and
dog dog licence". a a
Section Section 3. 3.
Protection Protection Geo. Geo. 24 24 & 25 25 5 5 of of words words Animals Animals In the the section section 1(1), 1(1), c. c.
"and "and (Cruelty (Cruelty Dogs) for holding 25. 25. to to or or
obtaining obtaining (Scotland) (Scotland) Act 1934. 1934. dog dog licence". licence". a a
Section Section 1(3). 1(3).
the the section section In In 1(4), 1(4), words words
for for "or "or obtains obtains applies applies or or
dog dog licence". licence". a a
"and "and the the words section section In In 2, 2,
obtaining obtaining holding holding for for or or a a
dog dog licence". licence".
Section Section 3. 3.
7&8 7&8 2c. 2c. Dog Dog The The Act Act whole Act. Licences Licences Eliz. Eliz. 1959. 1959. 55. 55.
Government Government Act Act Local Local Section Section 1966 1966 42. 36. 36. c. c.
section section 1966. 1966. words words the the In In 40(3), 40(3),
"or "or 36". 36".
Schedule Schedule In In in in Part Part II, II, the 3, 3,
the the relating relating to to Dog entry entry
Act Act Licences Licences 1959. 1959.
Government Government Local Local (Scot- Section 1966 1966 51. 43. 43. c. c.
land) land) Act Act Part Part Schedule Schedule In In 4, 4, in 1966. 1966. the the H, H,
relating relating Dog Dog entry entry the the to to
Licences Licences Act Act 1959. 1959.
48. 48. Office Office 1969 1969 Act Act Post Post Section Section 12(2)(a). 12(2)(a). 1969. 1969. c. c.
section section In In in in 134, 134, subsection subsection
(I), (I), the the "for "for dogs", dogs", words words
Great Great Britain", "in "in
"thereon "thereon so," so," and and and
"shall "shall licences" and and in in
the the subsection subsection (2) (2) words words
"in "in Great Great Britain". Britain".
In In 135(1)(a), the the
for for words words "licences dogs." dogs."
Government Government Local Local Act Act Section 1972 1972 70. 213(l)(c). 213(l)(c). c. c.
1972. 1972.
Government Government (Scot- (Scot- Schedule Local Local 1973 1973 65. paragraph paragraph In In 27, 27, c. c.
land) land) Act Act 1973. 1973. 165. 165.
shall shall of of of of months months the the end beginning beginning These These repeals have the the period effect effect at at 2 2
with with the day passed. which which this Act is is on on
PRINTED PRINTED ENGLAND ENGLAND BYJ. BYJ. A. A. DOLE IN IN
of of Consrollcr Consrollcr ChicfExccutivc ChicfExccutivc Majestys Her Her Stationery Stationery Office Office and and and and
Printer Printer of of of Acts Acts Parliament. Queens Queens
publications publications from: from: HMSO HMSO available available are are
Publications Publications Centre Centre HMSO HMSO
only) only) fax fax and and telephone orders (Mail, (Mail,
London London P0 P0 276, 276, SW8 SW8 5DT 5DT Box Box
Telephone Telephone orders 0171 0171 873 873 9090
General General enquiries 0171 0171 873 873 0011 0011
(queuing (queuing for for operation operation numbers) numbers) both both in in system system
orders orders 873 873 8200 Fax Fax 0171 0171
Bookshops Bookshops HMSO HMSO
6HB 6HB 49 49 Holborn, London WC1V 1-ugh 1-ugh
(Counter (Counter service only) only)
8730011 8730011 1326 1326 Fax Fax 0171 0171 0171 0171 831 831
68-69 68-69 Bull Bull Street, Birmingham 6AD B4 B4
236 236 9696 9699 9699 Fax Fax 0121 0121 236 236 0121 0121
33 33 Wine Wine Street, Bristol Bristol 2BQ BS1 BS1
4306 4306 4515 4515 926 926 Fax Fax 0117 929 0117 0117
Princess Princess Street, Manchester M60 8AS 9-21 9-21
834 834 833 833 0634 7201 7201 Fax Fax 0161 0161 0161 0161
Arthur Arthur 4GD 4GD Street, Street, Belfast BT1 BT1 16 16
01232 01232 01232 01232 238451 238451 Fax 235401 235401
Edinburgh Edinburgh 9AZ 9AZ Lothian Lothian Road, EH3 EH3 71 71
228 228 229 229 2734 0131 0131 4181 4181 Fax: 0131
Parliamentary Parliamentary Bookshop
The The
0- 0- 540 540 ISBN ISBN 88 88 10 10
X X
- - Bridge Bridge Street, Parliament Square 12 12
London London SW1A 2JX
Telephone Telephone orders 219 219 3890 0171 0171
General General enquiries 219 219 3890 0171 0171
orders orders Fax Fax 219 3866 0171 0171
Accredited Accredited HMSO's HMSO's Agents Agents
Yellow Yellow Pages) (see (see
780105 780105 409885 9 9 and and good booksellers booksellers through through