Local Government, Planning and Land Act 1980

Subject to subsection (2) below, in this Part of this Act " works contract" means a contract which is or comprises—

A contract is not a works contract by reason only that it is or comprises an agreement under which the functions of a Minister of the Crown or of any public body, within the meaning of the 1970 Act, fall to be discharged by a local authority, notwithstanding that, in the exercise of the functions, the local authority undertake construction or maintenance work.

If and so far as the provision by a works authority of goods, materials, services, vehicles, plant or other equipment which is incidental to construction or maintenance work undertaken by that authority in pursuance of a works contract is the subject of a separate agreement, that agreement shall be treated as part of the works contract for the purposes of this Part of this Act.

Except in so far as section 7 below otherwise provides, a local authority may enter into a works contract in such circumstances and on such terms, having regard to the duty imposed on them by section 16 below, as they consider appropriate.

Notwithstanding anything in the 1970 Act or in any other enactment relating to such an agreement as is mentioned in section 5(1)(c) above, a body which is a public body within the meaning of the 1970 Act may not (whether as the works authority or as the body for whom any works are to be carried out) enter into a contract which in any respect contravenes any limitation imposed by section 7 below.

In any case where— then, at the expiry of the period of twelve months beginning on the appointed day, it shall cease to be lawful for the maintenance agreement to be carried out.

Accordingly, if the maintenance agreement is governed by English law and the parties to it do not make other provision before the expiry of that period of twelve months, the Law Reform (Frustrated Contracts) Act 1943 shall apply to the maintenance agreement with effect from the expiry of that period.

A local authority may not—

In this section " the prescribed amount" means an amount specified in regulations made by the Secretary of State.

For the purposes of this Part of this Act an authority enter into a contract as the result of acceptance of a tender if—

The Secretary of State may by regulations—

Without prejudice to the generality of subsection (4) above, regulations made by virtue of paragraph (a) of that subsection may direct that a number of contracts shall be treated as if they were one contract for the purpose of determining whether the prescribed amount is exceeded.

Regulations under this section may make different provision in relation to different contracts and descriptions of contracts.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to subsection (2) below, in this Part of this Act "functional work" means construction or maintenance work undertaken by a local authority otherwise than under a works contract or by a development body, for the performance of, or in connection with—

Subject to subsection (3) below, where a local authority or development body carry out construction or maintenance work for the performance of, or in connection with, any of their functions or any of their obligations such as are referred to in subsection (1)(b) above by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contractors) the work shall be treated as not being functional work.

Subsection (2) above shall not apply to work done under a contract if that work is dependent upon, or incidental or preparatory to, other construction or maintenance work undertaken or to be undertaken by persons in the employment of the local authority or development body.

Subject to the following provisions of this section, a local authority or development body may undertake such functional work as they consider appropriate, having regard to the duty imposed by section 16 below.

A local authority or development body may not undertake functional work of any description unless they have first prepared a written statement—

The Secretary of State may by regulations—

The conditions mentioned in subsection (3) (a) above are—

The Secretary of State may by regulations specify for the purposes of subsection (4) (a) above a number of persons different from three.

Where a local authority or development body are required to comply with the conditions specified in subsection (4) above, the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation mentioned in subsection (4)(a) above.

Where— the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation.

If any person requires a local authority or development body to do so, they shall furnish him with a written statement showing who is to undertake the work, its estimated cost and the price of each offer submitted to the local authority or development body in consequence of the invitation mentioned in subsection (4)(a) above.

In subsection (8) above "estimated cost", in relation to any work, means—

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The descriptions of construction or maintenance work mentioned in subsection (1) above are—

In subsection (2) above "general highway works" means—

The Secretary of State may by regulations—

A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this section " works of new construction " means building or civil engineering works of any description which are not works of maintenance within the meaning of the 1970 Act.

Subsection (1) of section 10 above does not require a local authority or development body to keep— accounts for any financial year separate from accounts kept for that year in respect of any other description of construction or maintenance work, if the local authority or development body did not at any one time in the previous financial year employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work of that description.

The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to subsection (4) below, a local authority or development body may not credit any DLO revenue account in respect of the cost of carrying out any functional work with a sum in excess of the appropriate amount.

Where they have prepared a written statement in accordance with section 9(2)(a) above, the appropriate amount is the amount specified in that statement.

Where they have prepared a written statement in accordance with section 9(2)(b) above, the appropriate amount is an amount calculated in accordance with the method in that statement.

Where the statement allowed for a variation in the appropriate amount in the event of changed circumstances, then if the circumstances arise (but not otherwise) the local authority or development body may credit the account with such sum as the statement allowed for in those circumstances.

Subject to subsections (1) and (4) above, the Secretary of State may give directions—

Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work, shall prepare the documents mentioned in subsection (2) below not later than 30th September in the financial year following that year.

The documents are—

The balance sheet must show a true and fair view of the state of affairs of the local authority or development body, at the end of the financial year to which it relates, in respect of construction or maintenance work undertaken by them in that year.

Subject to subsection (5) below, a revenue account must show a true and fair view of the financial result of the local authority or development body having undertaken, in the financial year to which it relates, each description of construction or maintenance work to which it relates.

Where by virtue of setion 11 above a revenue account relates to more than one description of construction or maintenance work, subsection (4) above shall have effect as if it required the account to show a true and fair view of the combined financial result of the local authority or development body having undertaken, in the financial year to which the account relates, all the descriptions of construction or maintenance work to which it relates.

A statement of rate of return must give such information as is necessary to show whether, in respect of the financial year to which it relates, the local authority or development body have complied with section 16(1) below.

Sections 10, 12 and 13 above are without prejudice to the power of the Secretary of State to make regulations under section 166 of the Local Government Act 1972 or section 105 of the Local Government (Scotland) Act 1973 (regulations relating to publication of information and the form, preparation, keeping and certification of accounts, etc.) relating to DLO revenue accounts and accounts required by directions under section 10(1)(ii) above.

Notwithstanding anything in subsection (2) of section 2 of the 1970 Act (local authorities, within the meaning of that Act, to keep a separate account in respect of agreements under section 1), a local authority shall not be required by that subsection to keep a separate account in respect of any agreement under section 1 of that Act which provides for the carrying out of such works of maintenance as are referred to in subsection (1)(d) of that section.

Where a local authority or development body undertake construction or maintenance work which is functional work by virtue of paragraph (b) of section 8(1) above, they shall be entitled notwithstanding anything in any enactment or in the arrangements or agreement referred to in that paragraph, to a payment in respect of undertaking that work equal to the amount which, in accordance with this Part of this Act, would be credited to the DLO revenue account kept by them in respect of work of that description if the work so undertaken were functional work by virtue of paragraph (a) of that subsection.

Subject to subsection (3) below, nothing in subsection (1) above applies to functional work undertaken in pursuance of an arrangement or agreement entered into before the appointed day.

If an arrangement or agreement entered into before the appointed day provides for the delegation of a function for an indefinite period or for a period terminable by the parties to it or by either or any of them, this section shall apply to work undertaken in pursuance of the arrangement or agreement in the first financial year which begins after the appointed day and in subsequent financial years.

Every local authority or development body who undertake construction or maintenance work— whether under works contracts or by way of functional work or both, shall secure that, in respect of each financial year, their revenue from work of that description shows such positive rate of return on the capital employed for the purpose of carrying out the work as the Secretary of State may direct.

Subject to subsection (3) below, the rate of return on capital employed shall be determined for the purposes of this section by such method as the Secretary of State may direct.

The rate of return shall in all cases be determined on a current cost accounting basis.

If at the end of any financial year any DLO revenue account of a local authority or development body is in deficit, the amount of the deficit shall be charged—

In subsection (4) above, the reference in paragraph (a) to a DLO reserve fund established by a local authority or development body is a reference to a fund the sole purpose of which is to meet any expenditure incurred by them in connection with construction or maintenance work undertaken by them, whether under works contracts or by way of functional work.

In subsection (4)(b) above " rate fund"—

If in respect of any financial year the rate of return shown on the capital employed by a local authority or development body for the purpose of carrying out construction or maintenance work— as determined under section 16 above, is less than the rate for the time being required under section 16(1) above they shall notify the Secretary of State of that fact not later than the expiration of 6 months from the end of that financial year.

Subject to subsection (7) below, if by virtue of subsection (1) above a local authority or development body come under a duty to give a notification to the Secretary of State in respect of the same description of construction or maintenance work in each of three consecutive financial years, they shall prepare a report in respect of that description of work.

It shall be the duty of the local authority or development body

The Secretary of State shall have power at any time, if he thinks fit, to direct a local authority or development body to make and submit to him, within such time as he may specify in the direction, a special report—

If—

A direction under subsection (5) above may provide that the authority or body to whom it relates shall cease to have any power such as is mentioned in that subsection—

A local authority or development body need not notify the Secretary of State under subsection (1) above or prepare a report under subsection (2) above—

If the Secretary of State directs that a local authority or development body shall cease to have power to undertake construction or maintenance work of any description, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to discharge a function conferred on some other public authority or body.

If, at any time after a direction has been given under subsection (5) above with respect to a local authority or development body, it appears to the Secretary of State that within any particular time the authority or body would, apart from the direction, be able to undertake any description of construction or maintenance work which they are no longer empowered to undertake in such a manner that they would comply with section 16(1) above, he may direct that they shall have power to undertake that description of work from a date specified in the direction.

A direction under subsection (9) above may impose such conditions on the resumption of construction or maintenance work by a local authority or development body as the Secretary of State considers appropriate.

A direction under this section may contain such transitional and consequential provisions as the Secretary of State considers appropriate including, in particular, in the case of a direction under subsection (5), provisions with respect to construction or maintenance work which is in progress and works contracts under which commitments are outstanding immediately before the date on which the direction takes effect.

Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work shall prepare a report in accordance with subsection (2) below on the construction or maintenance work undertaken by them during that financial year.

A report under this section shall be prepared not later than 30th September in the financial year following that to which it relates and shall include such information as the Secretary of State may direct relating to construction or maintenance work of any description specified in subsection (2) of section 10 above or in regulations under subsection (4) of that section.

Any person may inspect a report of a local authority or development body under this section and shall be supplied with a copy of the report by the authority or body on payment of such charge for a copy as they may reasonably require.

A local authority or development body shall publish in at least one newspaper circulating in their area notice—

Where two or more local authorities arrange for the discharge by a joint committee of theirs of any of their functions under any enactment not contained in this Part of this Act, this Part of this Act shall have effect as if any reference in it to a local authority other than the reference in section 16(4)(b) above, included a reference to the joint committee.

Notwithstanding anything in any enactment, a joint committee appointed by two or more local authorities may not at any time undertake construction or maintenance work— unless arrangements are in force at that time providing for the proportions in which they are to meet any deficit in any DLO revenue account of the joint committee.

In relation to any DLO revenue account of a joint committee, section 16(4)(b) above shall have effect as if the reference to the rate fund were a reference to the rate funds of the authorities by which the joint committee was appointed.

Where, by virtue of section 16(4)(b) and subsection (3) above, an amount falls to be charged to the rate funds of two or more authorities, the amount to be charged to each of those rate funds shall be determined in accordance with the arrangements referred to in subsection (2) above.

In this Part of this Act—

Notwithstanding anything in subsection (1) above, in this Act " construction or maintenance work " does not include— and a person shall be treated as employed mainly for the purpose referred to in paragraph (b) above If he is employed for that purpose and also to do security work or cleaning work in relation to the building or buildings or structure or structures concerned.

Notwithstanding anything in subsection (1) above, in this Act " construction or maintenance work " does not include work undertaken by a local authority authorised by any enactment to carry on a dock or harbour undertaking if that work is undertaken for the purposes of or in connection with that undertaking.

This Part of this Act does not apply to a local authority or development body in any year if they did not in the previous year at any one time employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work.

The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State may direct that this Part of this Act shall not apply to a local authority or development body in any year if he is satisfied that the only reason why it would apply to that authority or body is that at some time in the previous year the number of their employees engaged in construction or maintenance work exceeded the relevant number because it was necessary to exceed that number in order to carry out urgent construction or maintenance work whose necessity could not reasonably have been foreseen by the authority or body.

In subsection (6) above " the relevant number" means thirty or such lesser number as may for the time being be specified for the purposes of subsection (1) above.

The Secretary of State may by order—

An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.

A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

'Any power to make regulations or give directions conferred by this Part of this Act includes power to make different provision in relation to local authorities or development bodies in England, in Wales and in Scotland.

Any power to make regulations conferred by this Part of this Act shall be exercisable by statutory instrument.

This Part of this Act, except this section, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes; and any reference in any provision of this Part of this Act to the appointed day is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the first day so appointed.

In subsection (6) of that section the definition of “house " shall be omitted and at the end of the subsection there shall be added—.

After subsection (6) of that section there shall be added—.

The power to make regulations under subsection (4) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

After section 19 of the 1967 Act there shall be inserted—.

In section 20(1) of the 1967 Act (valuation according to tone of list) for the words " the year before that in which the valuation list came into force " there shall be substituted the words " the relevant year ".

After section 20(1) of the 1967 Act there shall be inserted: —.

Section 48 of the 1967 Act shall be amended as-follows.

For subsections (1) and (1A) there shall be substituted—.

In subsection (2) for the words from "dwelling-houses" to the end there shall be substituted the words " hereditaments within each of the paragraphs of subsection (1) of this section is equal to the amount provided for by that paragraph ".

In subsection (3) for the word " dwelling-house " there shall be substituted the words " domestic hereditament ".

After subsection (4) there shall be inserted—.

In subsection (5)—

In subsection (6)—

In section 50 of the 1967 Act—

In section 96(2) of that Act for the words " those rates shall be recoverable only " there shall be substituted the words " in any year, those rates shall not be recoverable before the end of the year except ".

In Schedule 10 to that Act for paragraph 1 there shall be substituted—.

Paragraph 2 of that Schedule shall cease to have effect.

In paragraph 5(c) of that Schedule—

Section 55 of the 1967 Act (allowance where owner rated instead of occupier) shall be amended as follows.

In subsection (2) for the words "ten per cent, of the amount payable " there shall be substituted the words " such proportion of the amount payable as the rating authority may by resolution determine ".

After subsection (2) there shall be inserted—.

Section 56 of the 1967 Act (allowance where owner of rented hereditaments undertakes to pay or collect rates) shall be amended as follows.

In subsection (1) for the words from "not exceeding" to the end there shall be substituted the words " equal to such proportion of the rates chargeable or due as the rating authority may by resolution determine ".

After subsection (1) there shall be inserted—.

For section 60 of the 1967 Act (owner's liability for rates where occupier entitled to diplomatic immunity) there shall be substituted—.

In section 115(1) of that Act, in paragraph (b) of the definition of "owner ", for the words " or 56 " there shall be substituted the words " 56 or 60 ".

In section 102 of the 1967 Act (imprisonment in default of sufficiency of distress) in subsection (1) after the word " Act" there shall be inserted " (a) " and at the end of that subsection there shall be added the words or.

In subsection (5) of that section after the word " but", in the second place where it occurs, there shall be inserted the words—; and for the words " the reduction required under " there shall be substituted the words " a reduction required under paragraph (a) or (b) of ".

In section 103 of that Act (inquiry as to means before issue of warrant of commitment)—

The Secretary of State may by order direct that sections 17A (surcharge in respect of unused property) and 17B of the 1967 Act (supplemental provisions as to section 17A) shall cease to have effect.

If an order is made under subsection (1) above, the Secretary of State may by order again bring sections 17A and 17B of the 1967 Act into force.

An order under this section may make such incidental, supplemental and consequential provision as appears to the Secretary of State to be expedient for the purposes of the order.

The power to make such an order shall be exercisable by statutory instrument.

A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Schedule 1 to the 1967 Act (rating of unoccupied property) shall be amended as follows.

In sub-paragraph (1) of paragraph 1, for the words “three months" there shall be substituted the words " the standard period ".

In this Schedule ' the standard period' means three months or such other period as the Secretary of State may by order specify. An order under sub-paragraph (1A) of this paragraph may specify different periods in relation to different classes of hereditament.

The owner of a relevant hereditament shall not be exempt from being rated under this Schedule in respect of that hereditament on the ground that the provisions of section 32, 33 or 34 of this Act would exempt the hereditament from being liable to be rated or to be included in any valuation list or in any rate, unless it appears that the relevant provisions will so exempt it when it is next occupied. No reduction shall be made under section 48 of this Act in respect of any rates payable by an owner by virtue of this paragraph. In this paragraph 'the specified proportion', in relation to a hereditament, means such proportion (not more than the current ceiling) as may be specified for the purposes of this paragraph by a resolution of the rating authority for the rating area in which the hereditament is situated; and different proportions may be so specified in relation to different classes of hereditament and in relation to hereditaments in different parts of the rating area. Subject to sub-paragraph (2E) of this paragraph, in sub-paragraph (2C) of this paragraph ' the current ceiling' means the whole of the amount of rates which, disregarding section 48 of this Act, would be payable by the owner if he were in occupation of the hereditament and, in a case to which sub-paragraph (2A) or sub-paragraph (2B) of this paragraph applies, if the hereditament were being used as mentioned in that sub-paragraph. Subject to sub-paragraph (2F) of this paragraph, the Secretary of State may from time to time by order vary the proportion of the amount mentioned in sub-paragraph (2D) of this paragraph which is to be the current ceiling for the purposes of this paragraph. No order under sub-paragraph (2E) of this paragraph may so vary that proportion as to make the current ceiling exceed the whole of the amount mentioned in subparagraph (2D) of this paragraph. Different proportions may be specified under subparagraph (2E) of this paragraph in relation to different classes of hereditament and in relation to hereditaments in different rating areas.

In sub-paragraph (3) of that paragraph, for the words " any period of three months during which the hereditament has been continuously unoccupied" there shall be substituted the words " whether the hereditament has been continuously unoccupied for the standard period ".

In sub-paragraph (4) of that paragraph—

The following sub-paragraph shall be inserted after that sub-paragraph: —.

In paragraph 2 of that Schedule for the words “three months” there shall be substituted the words " the standard period. "

The following paragraph shall be inserted after paragraph 4 of that Schedule: —.

The following definitions shall be substituted for the definition of " relevant period of vacancy " in paragraph 15 of that Schedule:—

Section 92 of the 1967 Act (staff etc.) shall be amended as follows.

In subsection (1) after the words "every local valuation panel shall" there shall be inserted the words " (subject to subsection (1A) of this section) ".

After subsection (1) there shall be inserted—.

Section 13 of the Local Government Act 1974 (persons who are residential occupiers for the purposes of rate rebate schemes) shall be amended as follows.

In subsection (1) for paragraphs (a) to (c) there shall be substituted—.

For subsection (2) there shall be substituted—.

In subsection (3) for the words "paragraph (b) and (c) of subsection (1)" there shall be substituted the words " subsection (1) ".

The preceding provisions of this section shall have effect for rebate periods, within the meaning of Part II of that Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint.

There shall be paid out of money provided by Parliament any increase attributable to this section in the sums payable out of money so provided under the Local Government Act 1974.

Section 31 above shall have effect for any rate period, within the meaning of the 1967 Act, beginning on or after 1st April 1981.

Sections 38, 39, and 40 above shall come into operation at the expiration of the period of one month beginning with the day on which this Act is passed.

The following provisions of this Act, namely—

The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

The provisions of Schedule 33 mentioned in subsection (5) above are—

Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

The Secretary of State may reduce the amount of rate support grant payable to a local authority for the year 1980-81 and any subsequent year before the commencing year if the uniform rate for that authority's area in that year exceeds the notional uniform rate.

In this section—

A report under section 3(3) of the Local Government Act 1974 (reports on rate support grant orders) shall specify the amount of the notional uniform rate.

The notional uniform rate for the year 1980-81 shall be of such an amount as is specified in the report for that year under section 3(3) of the Local Government Act 1974.

A report under section 4(2) of that Act (reports on redetermination) shall specify the principles on which the Secretary of State has made any adjustment of the uniform rates of authorities in Greater London.

Where the Secretary of State makes any such adjustment, he shall apply the same principles in making it to all authorities in Greater London.

Any expression used in this section or in section 49 or 50 below and to which a meaning is assigned by the Local Government Act 1974 has that meaning for the purposes of those sections.

In any case where the Secretary of State makes an order under section 4 of the Local Government Act 1974 (orders varying rate support grant orders) he may make a fresh determination of the amount of the resources element of rate support grant payable to a local authority for the year to which the order relates as provided in this section.

A determination under this section shall be made by multiplying the uniform rate for the area of a local authority by a multiplier of an amount less than unity.

Different multipliers may be determined under this section for different authorities.

The principles on which multipliers are determined under this section shall be specified in an order made by statutory instrument by the Secretary of State.

The same principles shall be applied to every determination under this section of a multiplier for any year.

An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House; and no determination shall be made under this section until the order has effect.

The Secretary of State may vary the amount of the needs element of rate support grant payable to the council of a London borough or the Common Council of the City of London for any year, in the manner provided in this section, if the rateable value per head of the population of their area, as determined under paragraph 9 of Schedule 2 to the Local Government Act 1974, exceeds the national standard rateable value per head of population, as defined by paragraph 8 of that Schedule.

The Secretary of State shall carry out the variation mentioned in subsection (1) above, in relation to any authority, by multiplying the additional amount of needs element payable by virtue of the additional factors prescribed in relation to them under paragraph 1(b) of Schedule 2 to the Local Government Act 1974 by a multiplier determined on principles specified in an order made by statutory instrument by the Secretary of State.

Different multipliers may be determined under this section for different authorities.

The same principles shall be applied to every determination under this section for any year.

An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House ; and no variation shall be made under this section until the order has effect.

Notwithstanding anything in the Local Government Act 1974, the power of making grants under section 6(1) of that Act (supplementary grants for transport purposes payable by Minister of Transport in relation to England and Secretary of State in relation to Wales) may be exercised separately and differently for England and for Wales.

An order made by statutory instrument may provide that, with effect from such year as may be specified in the order, no supplementary grants for transport purposes under section 6 of the Local Government Act 1974 shall be paid or that no such grants shall be paid except in respect of expenditure of a description specified in the order.

Any such order shall be made—

An order under this section may contain such provisions as appear to the Minister of Transport or, as the case may be, the Secretary of State to be necessary or proper in consequence of the provisions of the order, including provisions amending, repealing or revoking (with or without savings) any enactment or instrument made under an enactment.

In subsection (4) above "enactment" includes an enactment contained in this Act.

The power to make orders under this section includes power, from the beginning of the commencing year, to specify different years in relation to England and to Wales and to make other different provision in relation to them.

No order under this section shall have effect until approved by a resolution of each House of Parliament.

Notwithstanding anything in the Local Government Act 1974, the powers— may be exercised separately and differently for England and for Wales.

Nothing in subsection (1) above shall affect any regulations made by virtue of section 2(7)(a) of the Local Government Act 1974 before the passing of this Act.

Subject to the provisions of this Part of this Act, the Secretary of State shall, for the commencing year and each subsequent year, make out of money provided by Parliament to local authorities in England and Wales in accordance with the provisions of this Part of this Act—

The grants made in pursuance of subsection (1) above shall together be known as "rate support grants ".

Rate support grants as defined in section 1 of the Local Government Act 1974 shall not be payable for the commencing year or for any subsequent year.

For the commencing year and any subsequent year rate support grants for local authorities in England and local authorities in Wales may be administered separately and differently; and this Part of this Act shall be construed accordingly in relation to rate support grants for any year for which such grants are so administered.

The following bodies are local authorities for the purposes of this Part of this Act, namely—

For the purposes of this Part of this Act the area of the Inner London Education Authority is the Inner London Education Area.

The Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple are local authorities for the purposes of the provisions of this Part of this Act relating to domestic rate relief grant.

Subject to the following provisions of this Part of this Act, payments in respect of rate support grants shall be made to a local authority at such times as the Secretary of State may with the consent of the Treasury specify, and shall be made in aid of the revenues of the authority generally.

In this Part of this Act " the commencing year " means such year as the Secretary of State may by order made by statutory instrument appoint.

The Secretary of State may by order made by statutory instrument direct that any enactment to which this subsection applies shall cease to have effect on such date as the order may specify.

The enactments to which subsection (10) above applies are—

For the purpose of fixing the aggregate amount of the rate support grants for any year, the Secretary of State shall determine the aggregate amount (in this Part of this Act referred to as " the amount available for grants ") which he estimates is to be available for the payment out of money provided by Parliament of grants to local authorities in respect of their relevant expenditure for that year, other than—

The Secretary of State shall deduct from the amount determined under subsection (1) above—

So much of the amount available for grants as remains after making the deductions required under subsection (2) above shall be the aggregate amount of the rate support grants for that year.

Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account—

The items of expenditure referred to in subsection (5)(ii) above are—

The following grants for specific services, namely grants— shall be treated for the purposes of subsection (2) above as grants made to local authorities; and to the extent that, in any year, any expenditure of the Receiver for the Metropolitan Police District or of a combined police authority is met by any such grants, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.

In this section—

The aggregate amount of the domestic rate relief grant shall be determined by the Secretary of State.

The amount of domestic rate relief grant payable to a local authority for any year shall be calculated in accordance with Schedule 9 to this Act.

No payment in respect of domestic rate relief grant shall be made—

Any amounts payable to a local authority in respect of domestic rate relief grant shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.

The amount of block grant for a year is the balance left after deducting the amount of domestic rate relief grant from the aggregate amount of the rate support grants.

If— no amount shall be payable to them by way of that grant for that year.

Any amount that would have been payable to them shall be distributed among the appropriate authorities as part of their block grant for the year.

In subsection (3) above "the appropriate authorities" means—

The amount to be paid to an authority under subsection (3) above shall bear the same proportion to the amount that would have been payable to the county council or the Greater London Council or the Inner London Education Authority as the gross rateable value of the authority's area bears to the gross rateable value of the county, Greater London or the Inner London Education Area, as the case may be.

Subject to subsection (7) below, the amount of block grant payable to a local authority is to be calculated by deducting from the total expenditure to be incurred by them during the year the product arrived at by multiplying their grant-related poundage by the gross rateable value of their area.

The amount of block grant payable to a local authority, other than any amount payable under subsection (3) above, may not exceed the total expenditure to be incurred by them during the year.

In this Part of this Act—

The Secretary of State may— and any regulations made under section 2(7) of the Local Government Act 1974 shall have effect for the purposes of this subsection as if they had been made under it.

Before giving a direction under subsection (8) above or exercising his powers under subsection (9) above, 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.

Any such direction shall be given in accordance with principles to be applied to all local authorities.

Regulations under subsection (9) above shall be made by statutory instrument, and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The reference to hereditaments in subsection (8) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

A Rate Support Grant Report may provide that for the year to which it relates the rateable value of hereditaments falling within any class of hereditaments shall be ascertained for the purposes of this Part of this Act otherwise than by reference to the values ascribed to them in the valuation list.

A local authority's grant-related poundage and grant-related expenditure shall be determined by the Secretary of State in accordance with principles to be applied to all local authorities.

Subject to subsection (3) below, the principles on which the grant-related poundage and the grant-related expenditure are determined shall be specified in the Rate Support Grant Report.

The principles set out in section 58 need not be specified in the Rate Support Grant Report.

The principles set out in subsections (2) and (3) below shall apply to all authorities belonging to the appropriate class.

Where an authority's total expenditure is at a level equal to or less than their grant-related expenditure, a given decrease in their total expenditure must produce the same decrease in their grant-related poundage as would be produced by the same decrease in their total expenditure if it were at any other level which is less than their grant-related expenditure.

Where an authority's total expenditure is at a level equal to or more than their grant-related expenditure, a given increase in their total expenditure must produce an increase in their grant-related poundage not less than the increase that would be produced by the same increase in their total expenditure if it were at any lower level.

References in this section to an increase or decrease in grant-related poundage are references to an increase or decrease in absolute terms.

References in this section to an increase or decrease in an authority's total expenditure may be construed either as references to an increase or decrease in absolute terms in their expenditure per head of the population of their area or as references to an increase or decrease in the ratio between their total expenditure and their grant-related expenditure; but such references shall be construed in the same way in relation to all authorities.

Subject to the following provisions of this section, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to a local authority for a year shall be calculated by deducting from their total expenditure, instead of the product of their grant-related poundage and the gross rateable value of their area, the product of those sums multiplied by a multiplier determined by the Secretary of State.

Except as provided in subsection (3) below, the power conferred by subsection (1) above may only be exercised for the purpose of increasing the amount of block grant payable to a local authority.

The power may be exercised for the purpose of decreasing the amount of block grant payable to a local authority if the Secretary of State is satisfied that there will be an unreasonable increase, unless he exercises the power, in the amount of block grant payable to the authority for a year, compared with the amount payable to them for the previous year.

The power conferred by subsection (1) above may be exercised so as to determine different multipliers for different authorities.

Except as provided by subsection (7) below, the power—

The purposes mentioned in subsection (5) above are—

The power may also be exercised in accordance with principles to be applied to the councils of counties to whose police expenses section 57 of the Police Act 1964 applies (counties falling partly within the Metropolitan Police District).

If the Secretary of State exercises that power, the principles on which he exercises it shall be specified in the Rate Support Grant Report.

In this Part of this Act "the appropriate class ", in relation to a local authority, means the class specified in subsection (10) below to which that authority belongs.

Subject to subsection (11) below, any local authority of a description specified in any of the paragraphs of section 53(5) above belongs to a class consisting of all the authorities of that description.

Section 53(5) above shall be treated for the purposes of this section—

In their application to block grant payable to a local authority for the commencing year subsections (3) and (6) (a) above shall have effect as if references to an amount determined by the Secretary of State were substituted for the references to the amount of block grant payable to the authority for the previous year.

In this section and section 61 below "the relevant grants " means rate support grants payable under this Part of this Act and grant payable under section 6 or 7 of the Local Government Act 1974 (supplementary grants for transport and National Parks).

Subject to subsection (3) below, the Secretary of State shall make for each year a report (in this Part of this Act called a "Rate Support Grant Report") relating to the relevant grants.

In so far as a Rate Support Grant Report relates to payments of grants under section 6 of the Local Government Act 1974 it shall be made for England by the Minister of Transport.

A Rate Support Grant Report shall be made with the consent of the Treasury.

Before making a Rate Support Grant Report the Secretary of State and the Minister of Transport shall consult such associations of local authorities as appear to them to be concerned and any local authority with whom consultation appears to them to be desirable.

A Rate Support Grant Report shall specify

A Rate Support Grant Report shall be laid before the House of Commons.

No payment of any of the relevant grants for the year shall be made until the Rate Support Grant Report is approved by a resolution of the House of Commons and (subject to section 61 below) any payment may be made only in accordance with the Rate Support Grant Report as so approved.

The Secretary of State shall send a copy of every Rate Support Grant Report to each local authority as soon as practicable after it has been approved.

Subject to subsection (2) below, after a Rate Support Grant Report has been made for any year the Secretary of State may, at such time or times as he thinks fit, make one or more supplementary reports for that year.

Section 60(3) to (5), (7) and (9) above shall apply to a supplementary report as they apply to a Rate Support Grant Report.

Subject to subsections (4) and (5) below, a supplementary report may specify fresh determinations in place of all or any of those specified by the Rate Support Grant Report.

The Secretary of State may not in a supplementary report vary the aggregate amount of domestic rate relief grant determined by him for any year in the Rate Support Grant Report for that year.

The power conferred by subsection (3) above shall be exercisable only in accordance with principles applicable to all local authorities and specified in the supplementary report.

In addition to specifying any fresh determinations a supplementary report shall specify the considerations leading to them.

If a supplementary report is approved by a resolution of the House of Commons, any payment of any of the relevant grants for the year may be made only in accordance with the Rate Support Grant Report for the year (as so approved), as varied by the supplementary report for the year (as so approved).

For the purpose of ensuring that the total amount paid in respect of block grant in any year is the same as the aggregate amount available for that grant in that year, the Secretary of State may adjust (whether by increasing or decreasing it) the amount payable to each local authority.

The Secretary of State shall so carry out the adjustment mentioned in subsection (1) above that the amount payable to an authority is adjusted in the same ratio as the aggregate amounts to which all authorities are entitled bear to the aggregate amount available for grant.

The Secretary of State may, for the purpose of the adjustment required by this section, make a fresh calculation of the entitlement of each local authority to block grant, substituting the total expenditure actually incurred by that authority during the year for the figure calculated as the authority's total expenditure under section 56 above.

Each local authority shall submit to the Secretary of State or the Minister of Transport in respect of each year, by such date as he may specify, such information as he may from time to time require for the purposes of sections 53 to 64 above and to Schedule 11 to this Act in connection with the total expenditure to be incurred by them during the year.

Where the Secretary of State or the Minister of Transport is not satisfied that the information submitted to him by a local authority under subsection (1) above accurately reflects the amount by reference to which the authority have calculated the general rate for the year to which the information relates, or the amount of any precept issued by them for that year, he may, after giving notice of his intention to the authority and affording them an opportunity to submit representations, make such adjustment of the information submitted to him under subsection (1) above as he considers appropriate.

The Secretary of State shall, upon the best information available to him, estimate and notify to each local authority the amounts of domestic rate relief grant and block grant which will become payable to the authority for a year; and he may make and notify to an authority such further estimates of the said amounts, taking into account information not previously available, as he may think fit.

As soon as practicable after he has received what appears to him to be sufficient information for the purpose, the Secretary of State shall make a conclusive calculation of the said amounts and notify the result of that calculation to each local authority.

The amounts of domestic rate relief grant and block grant payable to a local authority shall each be calculated to the nearest pound.

Where it appears to the Secretary of State from any estimate or calculation made under this section that a sum in excess of the amount of the estimate or calculation has already been paid to a local authority in respect of rate support grants for the year, he may recover that sum by deduction from any amount due to that authority in respect of those grants, whether for the year or for any subsequent year, or by issuing a demand for it to the authority or partly by such deduction and partly by such a demand, as he thinks fit.

After the amount of the block grant payable to a local authority for any year has been conclusively calculated under this Part of this Act, the authority may by notice in writing request the Secretary of State to give a direction under this section if—

On the receipt of such a notice the Secretary of State shall direct that the amount of the block grant payable to the authority for that year shall be recalculated in accordance with the following provisions of this section and a further payment on account of that grant shall be made to the local authority accordingly.

The power to specify a percentage for the purposes of paragraph (b) of subsection (1) above includes power to specify, in relation to second and subsequent notices given by a local authority in respect of any year, percentages higher than that specified in relation to the first notice given by the authority in respect of that year.

Where subsection (1) above applies, the amount of block grant payable to the authority for the year shall be recalculated by treating the gross rateable value of the hereditaments in their area as reduced by the difference between the reduction referred to in subsection (1)(b) above and the percentage specified for the purpose of that paragraph or, where more than one percentage is so specified, the lowest of them.

The further payment shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of block grant and the amount recalculated as specified in subsection (2) above.

Any amount payable under this section shall be payable without the making of any report under this Part of this Act and notwithstanding the contents of any such report previously made in respect of the year for which the grant is payable.

Before making regulations under this section 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.

The power to make such regulations shall be exercisable by statutory instrument.

A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this Part of this Act "year" means a period of 12 months beginning with 1st April.

In section 10(2) of the Local Government Act 1974 the following definition shall be substituted for the definition of " prescribed " : —

In section 6 of the Housing Finance (Special Provisions) Act 1975 (which among other things prevents certain sums charged to the general rate fund being taken into account in calculations of rate support grants)—

The following subsection shall be substituted for subsection (3) of section 8 of the Lotteries and Amusements Act 1976 (proceeds of local lotteries): —.

In section 31(7) of the Education Act 1980 (which relates to recoupment between education authorities in respect of the cost of further education) for the words " paragraph 3A of Schedule 2 to the Local Government Act 1974 " there shall be substituted the words " paragraph 6 of Schedule 10 to the Local Government, Planning and Land Act 1980 ".

In section 117 (3) of the Housing Act 1980 for the words " section 1 of the Local Government Act 1974 " there shall be substituted the words " section 54 of the Local Government, Planning and Land Act 1980 ".

Any power to amend regulations made under Part I of the Local Government Act 1974 or section 32 of the Education Act 1980 shall include power to make any such amendments in the regulations as appear to the Secretary of State to be necessary or expedient in consequence of the provisions of sections 53 to 68 above.

The amendments made by subsections (2) to (6) above shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.

This Part of this Act extends to England and Wales only.

For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of. . . section 4(7) of that Act. . . .

Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of the Treasury determine.

Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

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A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.

Subsections (1A) and (1B) above extend to Scotland only.

This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the Caravan Sites and Cintrol of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of gipsiespersons to whom subsection (8A) of that section applies

The Secretary of State may, with the approval of the Treasury, make out money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

In this section—

Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority. The district planning authority shall send to the county planning authority, as soon as may be and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter. Subject to sub-paragraph (3C) below, the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of any application for planning permission which does not appear to them to relate to a county matter. If the local highway authority specifies any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (3B) above need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates.

The following paragraph shall be substituted for paragraph 19 of that Schedule (power of county planning authority to give directions as to determination of planning application where it appears to the authority that any proposals in the application would substantially and adversely affect their interests as local planning authority): —.

It shall be the duty of a local planning authority when exercising their functions under section 29 of the Town and Country Planning Act 1971 (determination of applications) to seek the achievement of the general objectives of the structure plan for the time being in force for their area.

In paragraph 32 of Schedule 16 to the Local Government Act 1972 (definition of " county matter ")—

Nothing in the general transfer provisions shall prevent a county planning authority determining an application to which this subsection applies after the commencement date if it was made before that date.

Subsection (5) above applies to any application which relates to a transferred matter and which is of a description mentioned in paragraph 15(1)(a), (b) or (c) of Schedule 16 to the Local Government Act 1972.

The following paragraphs shall be inserted after paragraph 7 of Schedule 3 to the Town and Country Planning Act 1971 (reference of applications for planning permission to Secretary of State and Greater London Council): —.

Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

The provisions to which subsection (8) above applies are—

A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

In this section—

The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to a local planning authority in England or Wales or a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.

Regulations under subsection (1) above may provide for the transfer—

The Secretary of State may by regulations make such provision as he thinks fit for the payment to him of a fee of the prescribed amount in respect of an application for planning permission which is deemed to be made to him under the planning enactments.

Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.

Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.

No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.

In this section " the planning enactments " means— and " prescribed " means prescribed by regulations under subsection (1) or (3) of this section.

The following sections shall be inserted after section 15 of the Town and Country Planning Act 1971: —.

Accordingly—

Section 12 of the Inner Urban Areas Act 1978 (which is superseded by the first of the sections inserted in the Town and Country Planning Act 1971 by this section) shall cease to have effect, but its repeal shall not affect any direction given under it before the passing of this Act.

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Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

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. . ., This Part of this Act does not extend to Scotland.

There shall continue to be a Land Authority for Wales.

On the passing of this Act, the provisions of this Part of this Act shall apply to the Authority and, subject to those provisions, the Community Land Act 1975 shall cease to apply to the Authority.

Schedule 18 below shall have effect with respect to the Authority.

The Authority shall comply with any directions the Secretary of State may give requiring it to do one or both of the following: —

The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

The Authority shall have the function of acquiring land in Wales which in its opinion needs to be made available for development, and of disposing of it to other persons (for development by them) at a time which is in the Authority's opinion appropriate to meet the need.

Before it acquires the land, the Authority shall—

Where the Authority acquires land, then, before it is disposed of—

The works mentioned in subsection (3) above include engineering works and works for the installation of roads, drains, sewers, gas supplies and electricity supplies, but do not include works consisting of the erection of buildings.

If requested to do so by a public authority (within the meaning of Schedule 19 below) the Authority may advise the authority about disposing of any of the authority's land in Wales to other persons (for development by them), and may assist the authority to dispose of the land.

The Authority may assist county and district councils in Wales in any assessment such a council makes of land which is in its area and which is in its opinion available and suitable for development.

The Authority may charge a reasonable fee for any advice or assistance under subsection (5) or (6) above.

A county or district council in Wales shall have power to enter into, and carry out, an agreement with the Authority whereby the council will, as agents of the Authority, perform any service or execute any works which the Authority could perform or execute by virtue of this Act.

The Authority shall, without prejudice to its powers apart from this subsection, have power to do anything to facilitate, or anything which is conducive or incidental to, the performance of any of the Authority's functions.

The Authority— any land which, in the Authority's opinion, is suitable for development.

Where the Authority exercises or has exercised its powers under subsection (1) above in relation to any land, it shall have power to acquire by agreement or on being authorised to do so by the Secretary of State shall have power to acquire compulsorily—

The 1946 Act shall apply in relation to the compulsory acquisition of land in pursuance of this section as if—

Schedule 20 below, in which— shall have effect.

Any expenses of the Secretary of State under this Part of this Act shall be paid out of money provided by Parliament.

Any sum paid to the Secretary of State under this Part of this Act shall except as otherwise expressly provided, be paid into the Consolidated Fund.

In this Part of this Act, unless the context otherwise requires, " statutory undertakers " means— and " statutory undertaking " shall be construed accordingly.

In this Part of this Act the expression " the appropriate Minister ", and any reference to the Secretary of State and the appropriate Minister—

If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament