Local Government Act 1986
A rating authority shall make a rate for a financial year on or before 1st April in that year.
In this section—
" rating authority " means an authority having power to make a rate under section 1 of the General Rate Act 1967:
" rate " means a general rate except that—
in the case of the City of London, it includes the poor rate, and
in the case of the Inner Temple and the Middle Temple, it means any rate in the nature of a general rate levied in the Inner Temple or Middle Temple, as the case may be; and
" financial year " means a period of twelve months beginning with 1st April.
This section shall not be construed as invalidating a rate made by a rating authority for a financial year after 1st April in that year.
A local authority shall not publish, or arrange for the publication of, any material which, in whole or in part, appears to be designed to affect public support for a political party.
In determining whether material falls within the prohibition 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—
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;
where the material is part of a campaign, the effect which the campaign appears to be designed to achieve.
A local authority shall not give financial or other assistance to a person for the publication of material which the authority are prohibited by this section from publishing themselves.
In section 142 of the Local Government Act 1972 and section 88 of the Local Government (Scotland) Act 1973 (general powers to provide information)—-
in subsection (1) (power to make information available) after “other authorities” insert “mentioned in subsection (1B) below” and for “as to local government matters affecting the area” substitute “relating to the functions of the authority”;
after that subsection insert—;
in subsection (2)(a) (power to publish certain information) for “on matters relating to local government” substitute “relating to the functions of the authority”.
After the subsection (1A) inserted by subsection (1) above, in section 142 of the 1972 Act insert—; and in section 88 of the 1973 Act insert—.
In section 137 of the Local Government Act 1972 (power to incur expenditure for purposes not otherwise authorised), after subsection (2B) insert—; and in section 83 of the Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland), after subsection (2B) insert—.
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In computing the period of 40 days no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
The Secretary of State may issue one or more codes of recommended practice as regards the content, style, distribution and cost of local authority publicity, and such other related matters as he thinks appropriate, ; and local authorities shall have regard to the provisions of any such code in coming to any decision on publicity.
Codes may deal with different kinds of publicity or different kinds of local authority or the same kind of local authority in different circumstances or different areas.
The Secretary of State may revise or withdraw a code issued under this section.
The Secretary of State shall before issuing, revising or withdrawing a code consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.
A code shall not be issued unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Where the Secretary of State proposes to revise a code he shall lay a draft of the proposed alterations before each House of Parliament and— In computing the period of 40 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
he shall not make the revision until after the expiration of the period of 40 days beginning with the day on which the draft is laid (or, if copies are laid before each House of Parliament on different days, with the later of those days), and
if within that period either House resolves that the alterations be withdrawn, he shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).
Subsections (5) and (6) do not apply to a code which applies only to Scottish local authorities and such a code shall not be issued unless a draft of it has been laid before and approved by a resolution of the Scottish Parliament.
Where the Scottish Ministers propose to revise such a code as is mentioned in subsection (7), they shall lay a draft of the proposed alterations before the Scottish Parliament and–
they shall not make the revision until after the expiration of the period of 40 days beginning with the day on which the draft is laid, and
if within that period the Parliament resolves that the alterations be withdrawn, they shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).
A local authority shall keep a separate account of their expenditure on publicity.
Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.
A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The regulation making power conferred by section 32(1)(e) of the Local Audit and Accountability Act 2014, section 39(1)(e) of the Public Audit (Wales) Act 2004 or section 105(1) (d) of the Local Government (Scotland) Act 1973 (power to make provision as to exercise of right of inspection and as to informing persons of those rights) applies to the right of inspection conferred by subsection (2).
The Secretary of State may by order provide that subsection (1) does not apply to publicity or expenditure of a prescribed description.
Before making an order the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
References in this Part to local authorities and to publicity, and related expressions, shall be construed in accordance with the following provisions.
“Local authority” means— and includes any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more such authorities.
in England and Wales— a county, district or London borough council, the Common Council of the City of London the Broads Authority (except in section 3), a police and crime commissioner, the Mayor's Office for Policing and Crime . . . ... a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, the Council of the Isles of Scilly, or a parish or community council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
This Part applies to the Common Council of the City of London as local authority, police authority or port health authority.
“Publicity”, “publish” and “publication” refer to any communication, in whatever form, addressed to the public at large or to a section of the public.
This Part applies to any such publicity expressly or impliedly authorised by any statutory provision, including— section 111 of the Local Government Act 1972 or section 69 of the Local Government (Scotland) Act 1973 (general subsidiary powers of local authorities), section 141 of the Local Government Act 1972 or section 87 of the Local Government (Scotland) Act 1973 (research and collection of information), and section 145(1)(a) of the Local Government Act 1972 or section 16(1)(a) of the Local Government and Planning (Scotland) Act 1982 (provision of entertainments, etc.).
Nothing in this Part shall be construed as applying to anything done by a local authority in the discharge of their duties under Part VA of the Local Government Act 1972 or Part IIIA of the Local Government (Scotland) Act 1973 (duty to afford public access to meetings and certain documents).
Nothing in this Part shall be construed as applying to anything done by a person in the discharge of any duties under regulations made under section 22 of the Local Government Act 2000 (access to information etc.).
The Secretary of State may direct one or more specified local authorities in England to comply with a code issued under section 4 that applies to that authority or those authorities.
A direction may require compliance with—
one or more specified provisions of a code, or
all of the provisions of a specified code.
A direction may—
specify the steps that an authority to which it is given must take to comply with it;
specify the time within which such an authority must comply with it.
The Secretary of State may give a direction to an authority whether or not the Secretary of State thinks that the authority is complying with the code to which it relates.
Before giving a direction to an authority, the Secretary of State must give the authority notice in writing of the proposed direction.
The Secretary of State may not give a direction to an authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.
The authority may make written representations to the Secretary of State about the proposed direction within that period.
The Secretary of State may modify or withdraw a direction under this section by notice in writing to the authority or authorities to which it was given.
Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—
the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and
subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the authorities to which it applies.
In this section “ specified ” means specified in a direction under this section.
The Secretary of State may by order made by statutory instrument impose a duty on all local authorities in England, or all local authorities in England of a specified description, to comply with a code issued under section 4 that applies to those authorities.
An order under this section may impose a duty to comply with—
one or more specified provisions of a code, or
all of the provisions of a specified code.
An order under this section may—
specify the steps that an authority to which the duty applies must take to comply with it;
specify the time within which such an authority must comply with the duty.
The Secretary of State may make an order under this section which applies to an authority whether or not the Secretary of State thinks that the authority is complying with the code to which the order relates.
An order under this section—
may make different provision for different cases or classes of case, including different provision for different descriptions of local authority;
may make incidental, supplementary, consequential, transitional or transitory provision or savings.
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section “ specified ” means specified in an order under this section.
A local authority shall keep a separate account of their expenditure on publicity.
Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.
A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The regulation making power conferred by section 23(1) (e) of the Local Government Finance Act 1982 or section 105(1) (d) of the Local Government (Scotland) Act 1973 (power to make provision as to exercise of right of inspection and as to informing persons of those rights) applies to the right of inspection conferred by subsection (2).
The Secretary of State may by order provide that subsection (1) does not apply to publicity or expenditure of a prescribed description.
Before making an order the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A local authority shall not dispose of their interest as mortgagee of land without the prior written consent of the mortgagor (or, if there is more than one mortgagor, of all of them) specifying the name of the person to whom the interest is to be transferred.
Consent given for the purposes of this section— and if consent is withdrawn or ceases to have effect the authority shall return to the mortgagor any document in their possession by which he gave his consent.
may be withdrawn by notice in writing to the authority at any time before the disposal is made, and
ceases to have effect if the disposal is not made within six months after it is given;
A disposal made without the consent required by this section is void, subject to subsection (4).
If consent has been given and the local authority certify in the instrument effecting the disposal that it has not been withdrawn or ceased to have effect, the disposal is valid notwithstanding that consent has in fact been withdrawn or ceased to have effect.
In such a case any person interested in the equity of redemption may, within six months of the disposal, by notice in writing served on the local authority, require the authority, the transferee and any person claiming under the transferee to undo the disposal, on such terms as may be agreed between them or determined by the court, and execute any documents and take any other steps necessary to vest back in the local authority the interest disposed of by them to the transferee.
The Secretary of State may by regulations—
require a local authority to give to a mortgagor whose consent is sought such information as may be prescribed,
prescribe the form of the document by which a mortgagor’s consent is given,
require a local authority making a disposal to secure that notice of the fact that the disposal has been made is given to the mortgagor, and
prescribe the form of that notice and the period within which it must be given.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies— except, in either case, where the disposal is carried out in pursuance of a contract entered into before that date.
to disposals on or after 24th July 1985 of a local authority’s interest as mortgagee under a Housing Act mortgage, and
to disposals on or after 1st April 1986 of a local authority’s interest as mortgagee under any description of mortgage,
For this purpose a “Housing Act mortgage” means a mortgage entered into (whether by the local authority in question or a predecessor in title) under— the Small Dwellings Acquisition Acts 1899 to 1923, section 104 or 119 of the Housing Act 1957, section 43 of the Housing (Financial Provisions) Act 1958, section 100 of the Housing Act 1974, or section 1(1)(c) of the Housing Act 1980.
A disposal by a local authority of their interest as mortgagee of land shall not, in the following circumstances, be treated as giving rise to a capital receipt for the purposes of Part VIII of the Local Government, Planning and Land Act 1980 (controls on capital expenditure).
The circumstances are that, under the terms of the disposal or of any arrangement entered into in connection with the disposal—
any benefits of burdens of the mortgagee are retained by, or may be transferred to, the local authority, or
the transferee can call on the local authority to re acquire any interest transferred or to redeem the mortgage, or
the consideration for the transfer is other than a cash sum determined at the date of the transfer, or
the transfer is carried out in consideration of some other transaction or the local authority may be required to enter into an agreement with a third party.
The Secretary of State may by regulations amend subsection (2) or provide for other circumstances in which the disposal by a local authority of their interest as mortgagee of land is not to be treated as giving rise to a capital receipt for the purposes of Part VIII of the Local Government, Planning and Land Act 1980.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part— and for the purposes of this Part the disposal of an interest in registered land shall be taken to occur when the transfer is made and not when it is registered.
“local authority” means— a county, district or London borough council, the Common Council of the City of London, a police and crime commissioner, the Mayor's Office for Policing and Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a joint authority established by Part IV of the Local Government Act 1985, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, the Council of the Isles of Scilly, or any other authority prescribed for the purposes of this Part by regulations made by the Secretary of State, and includes any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more such authorities,
references to a local authority’s interest as mortgagee of land include any interest of the authority in the land or in the debt secured, and
references to the disposal of such an interest are to any transfer of the interest otherwise than by operation of law;
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
At the end of Schedule 13 to the Local Government Act 1985 (provisions with respect to residuary bodies) add—.
In section 32 of the Local Government Act 1985, after subsection (1) (appointment to joint authority to terminate if person appointed ceases to be a member of constituent council) insert—.
In section 31 of that Act (replacement of members of joint authority), at the end add—; and in subsection (2)(b) after “subject to” insert “subsection (3) below and to”.
In Schedule 12 to the Local Government Act 1972 for paragraph 6A (annual meeting of the new authorities) substitute—.
Section 177 of the Local Government Act 1972 (supplementary provisions as to allowances payable to members of local authorities and other bodies) is amended as follows.
In subsection (2) (meaning of “approved duty”: things done as member of certain prescribed bodies), for “paragraphs (b) to (f) of subsection (1) above” (which does not reflect the amendment made to subsection (1) by paragraph 19 of Schedule 14 to the Local Government Act 1985) substitute “paragraphs (ab) to (f) of subsection (1) above”.
After that subsection insert—.
In subsection (3) (co-opted members of committees to be treated as members of authority) after “For the purposes of sections 173 to 176 above”, insert “(but not for the purposes of subsection (2A) above)”.
The reference in section 177(2A) of the Local Government Act 1972 (as inserted by subsection (3) above) to members of the Inner London Education Authority shall be construed, in relation to the period before elected members of the Authority first take office, as a reference to persons who are members of the Authority by virtue of section 18(5) of the Local Government Act 1985 and who are, or immediately before its abolition were, councillors of the Greater London Council.
Section 84(2) and (3) of the Local Government Act 1985 (application of local authority provisions to new authorities) apply in relation to this section and the amendments made by this section as if they had been contained in Schedule 14 to that Act as originally enacted.
A person who was a member of the Inner London Education Authority or a joint authority at any time before the commencement of this section may within one month of commencement give such notices under section 173A of the Local Government Act 1972 (right to opt for financial loss allowance) as he could have given if the amendments made by this section had come into force on the date on which they are, by virtue of subsection (6), deemed to have come into force and, in the case of a member of the Inner London Education Authority, as if he had been elected to membership of that authority on the date on which he became a member.
This Act may be cited as the Local Government Act 1986.
The provisions of this Act come into force as follows— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II, except section 5, comes into force on 1st April 1986; section 5 comes into force on such day as the Secretary of State may appoint by order made by statutory instrument; Part III, except section 8, comes into force on the day this Act is passed; section 8 comes into force on 1st April 1986; Part IV comes into force on the day this Act is passed.
Part II, other than sections 4A and 4B, and this section extend to England and Wales and Scotland; the other provisions of this Act extend to England and Wales only.