Local Democracy, Economic Development and Construction Act 2009
A principal local authority has a duty to promote understanding of the following among local people—
the functions of the authority;
the democratic arrangements of the authority;
how members of the public can take part in those democratic arrangements and what is involved in taking part.
The duty under subsection (1)(c) includes in particular a duty to promote understanding of the following among local people—
how to become a member of the principal local authority;
what members of the principal local authority do;
what support is available for members of the principal local authority.
In this Chapter—
“principal local authority” means—
a county or district council in England;
“democratic arrangements” has the meaning given by section 1;
in relation to a limited liability partnership, has the same meaning as in Part 16 of the Companies Act 2006 (as it applies in relation to limited liability partnerships);
in relation to an industrial and provident society, means a year of account within the meaning of the Friendly and Industrial and Provident Societies Act 1968 (c. 55) (see section 21 of that Act);
the Secretary of State, in relation to principal local authorities in England;
“representative” means, in relation to interested persons or a description of interested person, a person who appears to an authority to which this section applies to be representative of the interested persons;
“petition organiser”, in relation to a petition made to a principal local authority, means—
the person designated in the petition as the person with whom the authority may deal in relation to the petition, or
the Welsh Ministers, in relation to a principal local authority or other authority in Wales;
“undertaking” has the meaning given by section 1161 of the Companies Act 2006 (c. 46);
“local people”, in relation to a principal local authority, means people who live, work or study in the authority’s area.
A principal local authority has a duty to promote understanding of the following among local people—
the functions of authorities which are connected with the principal local authority;
the democratic arrangements of those authorities;
how members of the public can take part in those democratic arrangements and what is involved in taking part.
For the purposes of this section, each of the following is an authority which is connected with a principal local authority in England—
any person mentioned in subsection (3) who acts or is established for an area which, or any part of which, coincides with or falls within the principal local authority’s area;
the Homes and Communities Agency, so far as exercising functions in relation to the authority’s area;
the Secretary of State, so far as exercising functions under sections 2 and 3 of the Offender Management Act 2007 (c. 21) in relation to the authority’s area;
the managing or governing body of a maintained school in the principal local authority’s area;
the managing or governing body of a further education institution in the principal local authority’s area;
a National Health Service trust or NHS foundation trust which provides services at or from a hospital or other establishment or facility in the principal local authority’s area;
where the principal local authority is a London borough council or the Common Council of the City of London, the Greater London Authority and Transport for London;
where the principal local authority is a district council for an area for which there is a county council, the county council;
where the principal local authority is a county council for an area for which there is a district council, the district council.
The persons referred to in subsection (2)(a) are—
a parish council;
a parish meeting;
a fire and rescue authority which is not a principal local authority;
a National Park authority;
the Broads Authority;
a police authority;
a chief officer of police;
a joint waste authority established under section 207(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28);
a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);
an Integrated Transport Authority;
an economic prosperity board established under section 88 or a combined authority established under section 103;
a strategic health authority;
a Primary Care Trust;
a local probation board or a probation trust.
For the purposes of this section each of the following is an authority which is connected with a principal local authority in Wales—
any person mentioned in subsection (5) who acts for or is established for an area which, or any part of which, coincides with or falls within the principal local authority’s area;
the Secretary of State, so far as exercising functions under sections 2 and 3 of the Offender Management Act 2007 (c. 21) in relation to the authority’s area;
the managing or governing body of any maintained school in the principal local authority’s area;
a National Health Service trust which provides services at or from a hospital or other establishment or facility in the principal local authority’s area.
The persons referred to in subsection (4)(a) are—
a community council;
a community meeting;
a fire and rescue authority which is not a principal local authority;
a National Park authority;
a police authority;
a chief officer of police;
a Local Health Board;
a local probation board or a probation trust.
The appropriate national authority may by order amend this section so as to—
add any person who has functions of a public nature to the authorities which are connected with a principal local authority for the purposes of this section;
cause any person to cease to be an authority which is connected with a principal local authority for those purposes;
change the functions in respect of which any authority is connected with a principal local authority for those purposes.
Before making an order under subsection (6) the appropriate national authority must consult such representatives of local government and such other persons (if any) as that authority considers appropriate.
In this section—
For the purposes of subsections (3)(g) and (5)(f), a chief officer of police acts and is established for the area of the chief officer’s police force.
A principal local authority has a duty to promote understanding of the following among local people—
the functions of the bodies mentioned in subsection (2);
how a member of the public can become a member of, or take part in, the work of those bodies;
what is involved in doing so.
The bodies referred to in subsection (1) are—
an independent monitoring board established under section 6 of the Prison Act 1952 (c. 52) for a prison in the principal local authority’s area;
a visiting committee established under section 152 of the Immigration and Asylum Act 1999 (c. 33) for a removal centre in the principal local authority’s area;
a courts board for an area which, or any part of which, coincides with or falls within the principal local authority’s area;
a youth offending team for an area which, or any part of which, coincides with or falls within the principal local authority’s area.
A principal local authority has a duty to promote understanding among local people of—
the functions of a lay justice;
how a member of the public can become a lay justice;
what is involved in being a lay justice.
In this section “lay justice” has the meaning given by section 9 of the Courts Act 2003 (c. 39).
The duties in sections 2 and 3 do not apply to a principal local authority in relation to any other authority or body if or to the extent that, having been requested to do so, that authority or body has not made the necessary information available to the principal local authority.
The duty in section 4 does not apply to a principal local authority if or to the extent that, having been requested to do so, the Lord Chancellor has not made the necessary information available to the principal local authority.
For the purposes of this section the appropriate national authority may by order impose requirements relating to the provision of information to principal local authorities by—
authorities which are connected with principal local authorities for the purposes of section 2, or
the bodies referred to in section 3(2).
Requirements imposed under subsection (3) may relate in particular to the provision of information by a particular authority or body or by authorities or bodies of a particular description.
References in subsections (1) to (3) to principal local authorities do not include any district council for an area for which there is a county council.
Where a principal local authority in England is the district council for an area for which there is a county council—
the county council must, at least once a year, request any authority, body or other person in relation to which the district council is also under a duty under section 2, 3 or 4 for the information that the district council needs in order to discharge the duty in that section,
the county council must pass on to the district council any information received by the county council under paragraph (a),
if at any time the county council is notified of any changes to information previously passed on by it under paragraph (b), the county council must inform the district council accordingly, and
the duties in sections 2, 3 and 4 do not apply to the district council in relation to any authority, body or other person if or to the extent that the county council has not made the necessary information available to the district council under this subsection.
The appropriate national authority may give guidance to principal local authorities in relation to the discharge of their duties under this Chapter.
Guidance under this section—
may be given generally or to one or more particular principal local authorities;
may be different for different principal local authorities;
must be published.
Before giving guidance under this section the appropriate national authority must consult the principal local authorities to which it is given.
A principal local authority must, in deciding how to discharge its duties under this Chapter, have regard to any guidance given to it under this section.
The Secretary of State may by order apply the provisions of this Chapter to the Council of the Isles of Scilly, with or without modifications.
An order under any provision of this Chapter is to be made by statutory instrument.
A statutory instrument containing an order under any provision of this Chapter made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing an order under any provision of this Chapter made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this Chapter—
“appropriate national authority” means—
“active petition” has the meaning given by section 14(1);
A principal local authority must provide a facility for making petitions in electronic form to the authority.
A principal local authority must give reasons for not granting a request to use the facility provided by it under this section for the making of a petition.
In this Chapter, “principal local authority” means—
a county council in England;
a district council in England;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly;
a county or county borough council in Wales.
In this Chapter, “e-petition facility” means a facility provided under this section.
A principal local authority must make a scheme for the handling of petitions which are made to the authority and to which section 12 applies.
In this Chapter “petition scheme” means a scheme under this section.
A petition scheme must be approved at a meeting of the authority before it comes into force.
A principal local authority must publish its petition scheme—
on its website, and
in such other manner as the authority considers appropriate for bringing the scheme to the attention of persons who live, work or study in its area.
A principal local authority may at any time revise its petition scheme (and subsections (3) and (4) apply in relation to any scheme which is revised under this subsection).
A principal local authority must comply with its petition scheme.
Subject to that, nothing in this Chapter affects the powers or duties of a principal local authority in relation to any petition to it.
This section applies to a petition made to a principal local authority which—
requests the authority to take or cease to take action described in the petition,
is signed by at least the specified number of persons who live, work or study in the authority’s area,
is not a petition made under and in accordance with any other enactment, and
if the petition is in electronic form, is made using the authority’s e-petition facility.
In subsection (1)(b), “specified number” means the number specified for the purposes of this section in the principal local authority’s petition scheme.
For the purposes of this Chapter—
a signature counts if (and only if) the petition gives the signatory’s name and address (which may be an address where the signatory lives, works or studies);
references to signing or signature, in the case of a petition made using a principal local authority’s e-petition facility, are to authentication in such manner as the authority’s petition scheme may specify.
A principal local authority’s petition scheme must secure the following results where a petition to which section 12 applies is made to the authority—
the authority must send written acknowledgement of the petition to the petition organiser within the specified period;
the acknowledgement must give such information about what the authority has done or proposes to do in response to the petition as the authority considers appropriate.
In subsection (1)(a), “specified period” means the period specified for the purposes of this section in the scheme.
For the purposes of this Chapter, an “active petition”, in relation to a principal local authority, is a petition to which section 12 applies made to the authority where—
the petition relates to a relevant matter, and
the petition is not in the opinion of the authority vexatious, abusive or otherwise inappropriate to be dealt with as specified in this section.
For the purposes of subsection (1)(a) “relevant matter” means—
in the case of any principal local authority, a matter which relates to a function of the authority, and
in the case of a relevant principal local authority, a matter which—
does not relate to a function of the authority, but
relates to an improvement in the economic, social or environmental well-being of the authority’s area to which any of its partner authorities could contribute.
In subsection (2)(b)—
“relevant principal local authority” means a principal local authority in England other than a non-unitary district council;
“partner authority”, in relation to such an authority, has the same meaning as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (c. 28).
For the purposes of subsection (1)(a)—
the appropriate national authority may by order specify matters falling within subsection (2)(a) which are not to be regarded as relating to a function of the authority;
the Secretary of State may by order specify matters falling within subsection (2)(b) which are not to be regarded as relevant matters.
A principal local authority’s petition scheme must secure that, where an active petition is made to the authority, the authority must take one or more steps in response to the petition.
A principal local authority’s petition scheme must secure that the steps which may be taken by the authority pursuant to subsection (5) include the following—
giving effect to the request in the petition;
considering the petition at a meeting of the authority;
holding an inquiry;
holding a public meeting;
commissioning research;
giving a written response to the petition organiser setting out the authority’s views about the request in the petition;
in the case of a principal local authority operating executive arrangements, referring the petition to an overview and scrutiny committee of the authority;
in the case of a principal local authority not operating executive arrangements, referring the petition to a committee of the authority with power under or by virtue of any enactment to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions of the authority.
A principal local authority’s petition scheme must secure that where an active petition is made to the authority, the authority must also within the specified period—
notify the petition organiser in writing of the steps the authority has taken or proposes to take in response to the petition and of the authority’s reasons for doing so, and
publish that notification on the authority’s website unless the authority considers that in all the circumstances it would be inappropriate to do so.
In subsection (7), “specified period” means the period specified for the purposes of this section in the petition scheme.
A principal local authority’s petition scheme may—
permit the notification referred to in subsection (7)(a) to be included in an acknowledgment sent pursuant to section 13(1);
in a case where the authority takes the step referred to in subsection (6)(f), permit the notification referred to in subsection (7)(a) to be included in the response referred to in subsection (6)(f).
For the purposes of this section, a “petition requiring debate”, in relation to a principal local authority, is an active petition made to the authority in relation to which the conditions in subsection (2) are met.
Those conditions are that—
the petition is signed by the specified number of persons who live, work or study in the authority’s area, and
the petition is not a petition requiring an officer to be called to account by the authority (within the meaning of section 16).
A principal local authority’s petition scheme must secure that, where a petition requiring debate is made to the authority, the steps taken by the authority under section 14(5) include or comprise the step of considering the petition at a meeting of the authority.
In subsection (2)(a), “specified number” means the number specified for the purposes of this section in the principal local authority’s petition scheme.
For the purposes of this section, a petition “requiring an officer to be called to account” by a principal local authority is an active petition made to the authority in relation to which the conditions in subsection (2) are met.
Those conditions are that—
the petition is signed by the specified number of persons who live, work or study in the authority’s area,
the petition requests that an officer of the authority (whether identified by name or description) be called to account at a public meeting of the authority,
the officer is a relevant officer, and
the petition gives grounds for the request which relate to the discharge of functions for which the officer is responsible.
In subsection (2)(a), “specified number” means the number specified for the purposes of this section in the principal local authority’s petition scheme.
In subsection (2)(c), “relevant officer” means an officer of the principal local authority of a description specified for the purposes of this subsection in the authority’s petition scheme.
The descriptions of officer specified under subsection (4) must include—
the statutory chief officers of the authority within the meaning of section 2 of the Local Government and Housing Act 1989 (c. 42),
the non-statutory chief officers of the authority within the meaning of that section, and
the head of the authority’s paid service.
A principal local authority’s petition scheme must secure the results in subsection (7) where—
a petition requiring an officer to be called to account by the authority is made to the authority, and
the authority operates executive arrangements.
The results in this subsection are that the steps taken by the authority under section 14(5) include or comprise the following steps—
the exercise by an overview and scrutiny committee of the authority of its power under subsection (13)(a) of section 21 of the Local Government Act 2000 (c. 22) to require the relevant person to attend before it to answer questions;
after the relevant person has attended before the overview and scrutiny committee, the making by the committee of a report or recommendations to the authority under subsection (2) of that section;
the sending by the authority of a copy of that report or those recommendations to the petition organiser.
A principal local authority’s petition scheme must secure the results in subsection (9) where—
a petition requiring an officer to be called to account by the authority is made to the authority,
the authority does not operate executive arrangements, and
under or by virtue of any enactment the authority has a committee with power—
to require officers of the authority to attend before it to answer questions, and
to make reports or recommendations to the authority.
Those results are that the steps taken by the authority under section 14(5) include or comprise the following steps—
the exercise by the committee referred to in subsection (8)(c) of its power to require the relevant person to attend before it to answer questions;
after the relevant person has attended before the committee, the exercise by the committee of its power to make a report or recommendations to the authority;
the sending by the authority of a copy of that report or those recommendations to the petition organiser.
In each of subsections (7)(a) and (9)(a), “relevant person” means—
the officer identified in the petition, or
if the committee referred to in that subsection considers that for the purposes of addressing the concerns raised by the petition it would be more appropriate for another officer of the authority to attend before it, that officer.
A principal local authority’s petition scheme must secure the results in subsection (2) where—
pursuant to an active petition made to the authority, the authority gives notification further to section 14(7)(a), and
the authority operates executive arrangements.
Those results are—
if the petition organiser so requests, an overview and scrutiny committee of the authority must under subsection (2)(a) of section 21 of the Local Government Act 2000 (c. 22) review the adequacy of the steps taken or proposed to be taken in response to the petition (or arrange, pursuant to subsection (3)(b) of that section, for the authority to do so);
the authority must inform the petition organiser of the results of the review;
the authority must publish those results on the authority’s website unless the authority considers that in all the circumstances it would be inappropriate to do so.
A principal local authority’s petition scheme must secure the results in subsection (4) where—
pursuant to an active petition made to the authority, the authority gives notification further to section 14(7)(a),
the authority does not operate executive arrangements, and
under or by virtue of any enactment the authority has a committee with power to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority.
Those results are—
if the petition organiser so requests, the authority’s committee referred to in subsection (3)(c) must exercise the power referred to in that subsection to review the adequacy of the authority’s steps in response to the petition (or exercise any power of the committee to arrange for the authority to do so);
the authority must inform the petition organiser of the results of the review;
the authority must publish those results on the authority’s website unless the authority considers that in all the circumstances it would be inappropriate to do so.
A principal local authority’s petition scheme may, subject to the requirements of this Chapter, include such provision as the authority making it considers appropriate.
That provision may in particular include—
provision relating to petitions which are not petitions to which section 12 applies;
provision for handling a petition made to more than one principal local authority;
provision for handling a petition made to one principal local authority which relates to functions of another principal local authority.
The appropriate national authority may by order make provision as to what a petition scheme must or must not contain.
The appropriate national authority may give guidance to one or more principal local authorities in relation to the discharge of their functions under this Chapter.
Provision in an order under subsection (1) or guidance under subsection (2) may relate in particular, in the case of a petition scheme, to—
the number to be specified pursuant to section 12(2), 15(4) or 16(3),
the period to be specified pursuant to section 13(2) or 14(8), or
the officers to be specified pursuant to section 16(4).
Guidance under subsection (2) may include a model petition scheme.
A principal local authority may for the purpose of the discharge of its duties under this Chapter, adopt, with or without modification, the provisions of a model petition scheme under subsection (4).
The appropriate national authority may direct a principal local authority to make such revisions to its petition scheme as may be specified in the direction (and subsection (4) of section 11 applies in relation to any petition scheme revised under this subsection).
The powers conferred by this section are subject to the requirements of this Chapter.
The appropriate national authority may by order make provision for the handling of petitions by any body to which this section applies.
The bodies to which this section applies are—
a parish council in England;
a community council in Wales;
the Greater London Authority;
the London Development Agency;
Transport for London;
an Integrated Transport Authority;
an economic prosperity board established under section 88 or a combined authority established under section 103;
a National Park authority;
any body specified in section 21(1)(f) to (n) of the Local Government and Housing Act 1989 (c. 42).
An order under this section may be made in relation to—
one or more specified bodies to which this section applies, or
bodies to which this section applies of a particular description.
The provision which may be made by an order under this section includes provision applying, with or without modification, any provision made under this Chapter in relation to the handling of petitions by principal local authorities.
Orders under this Chapter are to be made by statutory instrument.
A statutory instrument containing an order under this Chapter made by the Secretary of State, other than an order referred to in subsection (3), is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may not make a statutory instrument containing an order under section 20 which relates to the handling of petitions by a parish council in England unless a draft of the instrument containing the order has been laid before, and approved by, a resolution of each House of Parliament.
A statutory instrument containing an order under this Chapter made by the Welsh Ministers, other than an order referred to in subsection (5), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
The Welsh Ministers may not make a statutory instrument containing an order under section 20 which relates to the handling of petitions by a community council in Wales unless a draft of the instrument containing the order has been laid before, and approved by, a resolution of the National Assembly for Wales.
In this Chapter—
For the purposes of this Chapter, the date on which a petition using a principal local authority’s e-petition facility is made to the authority is such date after the petition is first opened for signature as may be—
determined by the petition organiser, or
in the absence of such determination, specified in the scheme.
Where an authority to which this section applies considers it appropriate for representatives of interested persons (or of interested persons of a particular description) to be involved in the exercise of any of its relevant functions by being— it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.
provided with information about the exercise of the function,
consulted about the exercise of the function, or
involved in another way,
This section applies to the following authorities—
the Arts Council of England;
the English Sports Council;
the Environment Agency;
the Health and Safety Executive;
the Historic Buildings and Monuments Commission for England;
the Homes and Communities Agency;
the Museums, Libraries and Archives Council;
Natural England;
a regional development agency;
a police authority in England;
a chief officer of police for a police force in England;
a local probation board for an area in England or a probation trust (other than a Welsh probation trust as defined by paragraph 13(6) of Schedule 1 to the Offender Management Act 2007 (c. 21));
a youth offending team for an area in England;
the Secretary of State.
In this section, “relevant functions” means—
in relation to an authority specified in subsection (2)(a) to (m), all the functions of the authority except in so far as those functions are not exercisable in or in relation to England;
in relation to the Secretary of State, the Secretary of State’s functions under— except in so far as those functions are not exercisable in relation to England.
section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees), and
sections 2 and 3 of the Offender Management Act 2007 (c. 21) (responsibility for ensuring the provision of probation services throughout England and Wales),
Subsection (1) does not require an authority to take a step—
if the authority does not have the power to take the step apart from this section, or
if the step would be incompatible with any duty imposed on the authority apart from this section.
Subsection (1) does not apply in such cases as the Secretary of State may by order made by statutory instrument specify.
A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“interested person”, in relation to a relevant function, means a person who is likely to be affected by, or otherwise interested in, the exercise of the function;
“regional development agency” means a development agency established by section 1 of the Regional Development Agencies Act 1998 (c. 45).
The Secretary of State’s functions under this section by virtue of subsection (3)(b)(ii) are functions to which section 2(1)(c) of the Offender Management Act 2007 (c. 21) (functions to be performed through arrangements under section 3 of that Act) applies.
The Secretary of State may give guidance to authorities to which section 23 applies (other than the Secretary of State) in relation to the discharge of their duties under that section.
Guidance under this section—
may be given generally or to one or more particular authorities;
may be different for different authorities;
must be published.
Before giving guidance under this section the Secretary of State must consult the authority or authorities to which it is given.
An authority to which section 23 applies must, in deciding how to fulfil its duties under that section, have regard to any guidance given to it under this section.
The Secretary of State may—
establish a body with the functions specified in subsections (2) to (5);
give financial or other assistance to any person for the purpose of establishing a body with those functions;
give financial or other assistance to any body appearing to the Secretary of State to have those functions for the purpose of the carrying out by the body of any or all of those functions.
The function in this subsection is that of representing, or facilitating the representation of, the views and interests of—
tenants of social housing in England, or
tenants of social housing and other residential property in England.
The function in this subsection is that of conducting or commissioning research into issues affecting—
tenants of social housing in England, or
tenants of social housing and other residential property in England.
The function in this subsection is that of promoting the representation by other bodies of—
tenants of social housing in England or any part of England, or
tenants of social housing and other residential property in England or any part of England.
It is immaterial for the purposes of subsection (1)(a) to (c) that a body may also have other functions.
Assistance under this section may be given in such form (including financial assistance by way of grant, loan or guarantee) as the Secretary of State considers appropriate.
Assistance under this section may be given on such terms as the Secretary of State considers appropriate.
The terms on which assistance under this section may be given include, in particular, provision as to the circumstances in which it must be repaid or otherwise made good to the Secretary of State and the manner in which that must be done.
A person or body to whom assistance is given under this section must comply with any terms on which it is given.
In this section—
“limited liability partnership” means a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c. 12) or the Limited Liability Partnerships Act (Northern Ireland) 2002 (c. 12 (N.I.));
The Housing and Regeneration Act 2008 (c. 17) is amended as follows.
After section 278 insert—
In each of sections 112(4) (consultation about criteria for registration of providers of social housing) and 174(5) (consultation about disposal of dwellings by registered providers of social housing)—
after paragraph (b) (and before the “and” following that paragraph) insert—;
in paragraph (c), after “one or more” insert “other”.
In section 196(1) (consultation about standards etc for registered providers of social housing)—
after paragraph (b) insert—;
in paragraph (c), after “one or more” insert “other”.
In section 197(4) (consultation about directions relating to standards)—
after paragraph (d) insert—;
in paragraph (e), after “one or more” insert “other”.
In section 216 (consultation about guidance to registered providers of social housing)—
after paragraph (a) insert—;
in paragraph (b), after “one or more” insert “other”.
The Local Government Act 1972 (c. 70) is amended as follows.
In section 248 (freemen and inhabitants of existing boroughs), after subsection (1) insert—
The Local Government Act 1972 (c. 70) is amended as follows.
In section 248 (freemen and inhabitants of existing boroughs), after subsection (1C) insert—
Before Schedule 29 insert—
In section 248—
in subsection (1), after “this section”, in both places, insert “and Schedule 28A”;
in subsection (2), for “freemen” substitute “persons admitted to the freedom”;
in subsection (3)—
for “as a freeman” substitute “to the freedom”;
for “his”, in both places, substitute “the person’s”;
for “freemen” substitute “persons admitted to the freedom”;
in subsection (4), in paragraphs (a), (b) and (c), for “freeman” substitute “person admitted to the freedom”.
Section 249 of the Local Government Act 1972 (c. 70) (honorary aldermen and freemen) is amended as follows.
In the heading, for “Honorary aldermen and freemen” substitute “Honorary titles”.
In subsection (1) (power of principal councils to confer title of honorary aldermen), after “honorary aldermen” insert “or honorary alderwomen”.
In subsection (2)—
after “honorary alderman” insert “or honorary alderwoman”;
after “as alderman” insert “or alderwoman”;
after “as an alderman” insert “or alderwoman”.
In subsection (4), after “honorary alderman” insert “or honorary alderwoman”.
After that subsection insert—
For subsections (5) to (9) (honorary freemen) there is substituted—
The Local Government and Housing Act 1989 (c. 42) is amended as follows.
In section 2 (politically restricted posts), in subsection (2) omit—
paragraphs (a) and (b), and
in paragraph (c), the words “not falling within paragraph (a) or (b) above”.
In section 3 (grant and supervision of exemptions from political restriction: Scotland and Wales), in subsection (3) omit—
in paragraph (a), the word “and”,
paragraph (b), and
the words from “and it shall” to the end of the subsection.
In section 3A (grant and supervision of exemptions from political restriction: England), in subsection (2) omit—
in paragraph (a), the word “and”,
paragraph (b), and
the words from “and the relevant” to the end of the subsection.
In the Local Government Act 2000 (c. 22), after section 21 insert—
In the Local Government and Public Involvement in Health Act 2007 (c. 28), for section 123 (joint overview and scrutiny committees: local improvement targets) substitute—
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2A)(e), for the words from “(joint” to the end substitute “(joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned”.
Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended as follows.
Matter 12.6 Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements. This matter does not include— direct elections to executives of principal councils, or the creation of a form of executive requiring direct elections. For the purposes of this matter— “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000; “principal council” means a county or county borough council; “direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).
Matter 12.7 Committees of principal councils with functions of— review or scrutiny, or making reports or recommendations. This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees). For the purposes of this matter “principal council” means a county or county borough council.
Subject as follows, a qualifying authority may —
become a member of a body corporate—
all of whose objects fall within the objects specified in subsection (2), and
all of whose members are qualifying authorities, and
do anything that is required by, or is conducive or incidental to, membership of any such body.
The objects referred to in subsection (1)(a)(i) are—
to provide insurance, in relation to risks of any description, to—
qualifying authorities who are members of the body corporate, and
persons prescribed in regulations made by the appropriate national authority,
to enter into arrangements under which such insurance is provided to—
qualifying authorities who are members of the body corporate, and
persons prescribed in regulations made by the appropriate national authority, and
to do anything that is required by, or is conducive or incidental to, the provision of any such insurance or entering into any such arrangements.
The power of a qualifying authority under subsection (1)(b) includes in particular power—
to pay premiums and make other payments to the body corporate;
to agree to make any such payments;
to assume financial obligations in relation to persons prescribed for the purposes of subsection (2)(a)(ii) or (b)(ii).
The appropriate national authority may by regulations impose restrictions or conditions on the exercise of any power conferred on a qualifying authority by subsection (1).
A qualifying authority must, in exercising the powers conferred by subsection (1), have regard to—
any guidance issued by the appropriate national authority, and
any guidance or document specified in regulations made by the appropriate national authority.
The appropriate national authority may by regulations amend this Chapter for the purposes of changing the authorities which are for the time being qualifying authorities for the purposes of this section.
This section applies for the purposes of section 34.
A qualifying authority is—
a county council in England;
a district council in England;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Greater London Authority so far as it exercises its functions through the Mayor;
the Council of the Isles of Scilly;
a county council in Wales;
a county borough council in Wales;
a National Park authority;
the Broads Authority;
a police authority;
a fire and rescue authority not falling within paragraphs (a) to (h);
a joint waste authority established under section 207(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28);
a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);
an Integrated Transport Authority;
Transport for London;
the London Development Agency;
an economic prosperity board established under section 88 or a combined authority established under section 103.
The “appropriate national authority” means—
the Secretary of State, in relation to England;
the Welsh Ministers, in relation to Wales.
Regulations under section 34 are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (2), (4) or (5)(b) of that section is subject to annulment in pursuance of a resolution of—
either House of Parliament (in the case of regulations made by the Secretary of State);
the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
A statutory instrument containing regulations under subsection (6) of that 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 the case of regulations made by the Secretary of State);
the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
This Chapter makes provision for an audit authority to appoint a person to carry out audit functions in relation to a relevant entity in circumstances where it appears to the authority that the entity is or will be a qualifying English or Welsh local authority entity.
For the purposes of this Chapter, each of the following is an “audit authority”—
the Audit Commission;
the Auditor General for Wales.
In this Chapter, “relevant entity” means—
a company,
a limited liability partnership, or
an industrial and provident society.
In this Chapter, “qualifying English local authority entity” means a relevant entity which—
is connected with a local authority in England, and
meets such other conditions as the Secretary of State may by regulations specify.
In this Chapter, “qualifying Welsh local authority entity” means a relevant entity which—
is connected with a local authority in Wales, and
meets such other conditions as the Welsh Ministers may by regulations specify.
In this Chapter, “local authority” means any body which—
is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), and
is required to prepare statements of accounts by regulations made under section 27 of the Audit Commission Act 1998 (c. 18) or section 39 of the Public Audit (Wales) Act 2004 (c. 23).
Where it comes to the attention of a local authority in England that— the authority must notify the entity and the Audit Commission accordingly.
a relevant entity which is connected with the authority meets the conditions referred to in section 36(4)(b),
a relevant entity which is connected with the authority has ceased to meet those conditions, or
a relevant entity which meets those conditions has ceased to be connected with the local authority,
Where it comes to the attention of a local authority in Wales that— the authority must notify the entity and the Auditor General for Wales accordingly.
a relevant entity which is connected with the authority meets the conditions referred to in section 36(5)(b),
a relevant entity which is connected with the authority has ceased to meet those conditions, or
a relevant entity which meets those conditions has ceased to be connected with the local authority,
Notification under this section must be within the period of 21 days beginning with the day on which the matter comes to the attention of the local authority.
Subject to this Chapter, an audit authority may appoint a person to carry out audit functions in accordance with this Chapter in relation to a relevant entity.
An appointment under this section is to be for a financial year of the entity.
An appointment under this section must be made—
before the start of the financial year to which it relates, or
in the case of an appointment for the first financial year of the entity, before whichever is the earlier of—
the end of that financial year, and
the end of the period of three months beginning with the day on which the audit authority receives notification in relation to the entity under section 37(1)(a) or (2)(a).
The Audit Commission may make an appointment under this section if (and only if) it appears to the Audit Commission that—
the entity will be a qualifying English local authority entity at the start of the financial year for which the appointment is made, or
in the case of an appointment for the first financial year of the entity, the entity is a qualifying English local authority entity when the appointment is made.
The Auditor General for Wales may make an appointment under this section if (and only if) it appears to the Auditor General that—
the entity will be a qualifying Welsh local authority entity at the start of the financial year for which the appointment is made, or
in the case of an appointment for the first financial year of the entity, the entity is a qualifying Welsh local authority entity when the appointment is made.
Before making an appointment under this section in relation to an entity the appointing audit authority must consult the entity.
Where one audit authority (“the first audit authority”) proposes to appoint a person under this section in relation to an entity for a financial year in circumstances where the other audit authority could also make an appointment under this section in relation to that entity for that year—
the first audit authority must consult the other audit authority, and
the first audit authority may not make the appointment for that entity for that year if the other audit authority has already done so.
After making an appointment under this section in relation to an entity the appointing audit authority must notify the local authority with which the entity is connected.
Where a person appointed by an audit authority under this Chapter in relation to an entity for a financial year dies, is dismissed or is unable or unwilling to act, the audit authority may (subject to this Chapter) appoint a replacement in relation to that entity for that financial year.
Before making an appointment under this section the audit authority must consult the entity.
After making an appointment under this section the audit authority must notify the local authority with which the entity is connected.
An audit authority may not make an appointment under this Chapter in relation to an entity for a financial year if, by virtue of this section, the entity is exempt from audit for that year.
A company is exempt from audit under this Chapter for a financial year if it appears to the appointing audit authority that, for the purposes of Part 16 of the Companies Act 2006 (c. 46), the company is or will be exempt from audit under that Part for that year.
A limited liability partnership is exempt from audit under this Chapter for a financial year if it appears to the appointing audit authority that, for the purposes of Part 16 of the Companies Act 2006 (as that Part applies to limited liability partnerships), the partnership is or will be exempt from audit under that Part for that year.
An industrial and provident society is exempt from audit under this Chapter for a financial year if it appears to the appointing audit authority that subsection (1) of section 4 of the Friendly and Industrial and Provident Societies Act 1968 (c. 55) does not or will not apply to the society for that year by virtue of subsection (2) of that section or section 4A(1) of that Act.
Subsection (1) does not apply if the entity requests the audit authority to make the appointment.
A person appointed under this Chapter may be—
a member of staff of the appointing audit authority;
an individual who is not a member of staff of that authority;
a firm.
The following may not be appointed under this Chapter in relation to an entity—
an individual or firm who for the purposes of section 1212 of the Companies Act 2006 (c. 46) is not eligible for appointment as a statutory auditor, or
an individual or firm who by virtue of section 1214 of that Act (independence requirement) may not act as statutory auditor in relation to that entity.
In this section “firm” means any entity, whether or not a legal person, which is not an individual, and includes a body corporate, a corporation sole and a partnership or other unincorporated association.
Subject to this Chapter, a person appointed under this Chapter holds office under this Chapter in accordance with the terms of their appointment.
Subject to subsection (3), an appointment under this Chapter begins on the first day of the financial year for which the appointment is made.
An appointment under this Chapter which— begins on the day on which the appointment is made.
is for the first financial year of an entity, or
is made under section 39 after the start of the financial year for which it is made,
An appointment under this Chapter, unless terminated earlier, ends when the person appointed has discharged their functions under this Chapter.
A person appointed under this Chapter may not be dismissed by the appointing audit authority for divergence of opinion on accounting treatments or audit procedures.
If it appears to the Audit Commission that an entity in relation to which it has appointed a person under this Chapter is not, or has ceased to be, a qualifying English local authority entity, the Commission may terminate the appointment (but is not required to do so).
If it appears to the Auditor General for Wales that an entity in relation to which the Auditor General has appointed a person under this Chapter is not, or has ceased to be, a qualifying Welsh local authority entity, the Auditor General may terminate the appointment (but is not required to do so).
Where a person is appointed under this Chapter in relation to an entity for a financial year, the entity may, under and in accordance with the relevant statutory provision, appoint that person as auditor of the entity for the purposes of that provision for the financial year.
An appointment pursuant to subsection (1) is to be—
on the standard terms and conditions, or
on the standard terms and conditions subject to such modifications as may be agreed between the entity and the person appointed.
The audit authority must notify the entity of its right under subsection (1).
Notification under subsection (3) must be before the beginning of the financial year (except in the case of an appointment for the first financial year of the entity or which is made under section 39).
Termination by the audit authority of the appointment under this Chapter does not terminate an appointment made pursuant to subsection (1).
In subsection (1) “the relevant statutory provision”—
in relation to a company, means Part 16 of the Companies Act 2006 (c. 46);
in relation to a limited liability partnership, means that Part of that Act as it applies to limited liability partnerships;
in relation to an industrial and provident society, means—
section 4 of the Friendly and Industrial and Provident Societies Act 1968 (c. 55), or
in the case of an industrial and provident society to which regulation 3 of the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 2008 (SI 2008/565) applies, that regulation.
In subsection (2), “standard terms and conditions” means terms and conditions (including terms and conditions as to payment of fees) published for the purposes of that subsection by the audit authority from time to time.
Before publishing terms and conditions under subsection (7) an audit authority must consult—
such associations of local authorities, and such bodies of accountants, as the audit authority considers appropriate, and
the Secretary of State (in the case of the Audit Commission) or the Welsh Ministers (in the case of the Auditor General for Wales).
This section applies to an entity in relation to which a person is appointed under this Chapter for a financial year if—
the entity does not appoint that person pursuant to section 43(1), or
the entity does so appoint that person but terminates the appointment before the discharge of the person’s functions pursuant to the appointment.
Where this section applies to an entity which is a company—
the person appointed under this Chapter must make a report to the company on the annual accounts of the company for the financial year, and
sections 495(2) to (4) and 496 to 501 of the Companies Act 2006 (c. 46) apply as if—
that report were a report under section 495(1) of that Act, and
the person appointed under this Chapter were the company’s auditor under Part 16 of that Act.
Where this section applies to an entity which is a limited liability partnership—
the person appointed under this Chapter must make a report to the partnership on the annual accounts of the partnership for the financial year, and
sections 495(2) to (4) and 498 to 501 of the Companies Act 2006 apply as if—
that report were a report under section 495(1) of that Act, and
the person appointed under this Chapter were the partnership’s auditor under Part 16 of that Act.
Where this section applies to an entity which is an industrial and provident society—
the person appointed under this Chapter must audit the revenue account or accounts and balance sheet of the society for the financial year and make a report to the society on them,
section 9(2) to (7) of the Friendly and Industrial and Provident Societies Act 1968 (c. 55) applies in relation to that report as in relation to a report under section 9(1) of that Act,
section 18 of that Act applies in relation to any contravention of section 9(5) of that Act (as applied by paragraph (b)), and
in a case where the society has caused group accounts for that year to be prepared as specified in section 13 of that Act, the person appointed under this Chapter must make a report to the society on the group accounts, stating the matters referred to in subsection (5) of that section.
The person appointed under this Chapter must send a copy of the report made under this section to—
the local authority with which the entity is connected, and
the appointing audit authority.
In subsection (3) references to the Companies Act 2006 are to that Act as it applies in relation to limited liability partnerships.
A person appointed under this Chapter in relation to an entity must make a report about any relevant matter—
which comes to their attention in discharging their functions arising under or pursuant to the preceding provisions of this Chapter, and
which they consider that it would be in the public interest to bring to the attention of the entity, the local authority with which it is connected or the public.
In subsection (1) “relevant matter” means—
a matter relating to the financial affairs of the entity for the financial year, or
a matter relating to the corporate governance of the entity.
A report under this section must be sent to the entity before the end of the period of 14 days starting with the day on which the report is made.
A copy of a report under this section must be sent before the end of that period to—
the local authority with which the entity is connected, and
the audit authority.
The person appointed under this Chapter may—
notify any person of the fact that the report has been made, and
supply a copy of it or of any part of it to any person.
A code of practice under section 4 of the Audit Commission Act 1998 (c. 18) must include provision prescribing the way in which persons appointed under this Chapter by the Audit Commission are to carry out their functions under section 45.
A person so appointed must, in the exercise of their functions under section 45, comply with such provision of such a code as is for the time being in force.
Where provision under subsection (1) is included in a code of practice under section 4 of the Audit Commission Act 1998 for the first time, the inclusion is to be regarded as an alteration for the purposes of subsection (5) of that section.
A code of practice under section 16 of the Public Audit (Wales) Act 2004 (c. 23) must include provision prescribing the way in which persons appointed under this Chapter by the Auditor General for Wales are to carry out their functions under section 45.
A person so appointed must, in the exercise of their functions under section 45, comply with such provision of such a code as is for the time being in force.
A person appointed under this Chapter in relation to an entity (in this section referred to as an “auditor”) has a right of access at all reasonable times to every document relating to the entity which appears to the auditor necessary for the purpose of the exercise of their functions under section 45.
The right conferred by subsection (1) includes power to inspect, copy or take away the document.
An auditor may—
require a person holding or accountable for any document referred to in subsection (1) to give to the auditor such information or explanation as the auditor thinks necessary for the purpose of the exercise of the auditor’s functions under section 45, and
if the auditor thinks it necessary, require the person to attend before the auditor in person to give the information or explanation or to produce the document.
Without prejudice to subsection (3), an auditor may—
require any officer or member of the entity to give to the auditor such information or explanation as the auditor thinks necessary for the purpose of the exercise of the auditor’s functions under section 45, and
if the auditor thinks it necessary, require the officer or member to attend before the auditor in person to give the information or explanation.
In relation to any document kept in electronic form, the power in subsection (3)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.
In connection with inspecting such a document, an auditor—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which the auditor considers is or has been used in connection with the document;
may require a person within subsection (7) to afford the auditor such reasonable assistance as the auditor may require for that purpose.
The following persons are within this subsection—
a person by whom or on whose behalf the computer is or has been used;
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
Without prejudice to subsections (1) to (7), the entity must provide the auditor with every facility and all information which the auditor may reasonably require for the purposes of the exercise of the auditor’s functions under section 45.
A person who without reasonable excuse obstructs the exercise of any power conferred by this section or fails to comply with any requirement of an auditor under this section is guilty of an offence.
A person guilty of an offence under subsection (9) is liable on summary conviction—
to a fine not exceeding level 3 on the standard scale, and
to an additional fine not exceeding £20 for each day on which the offence continues after the person has been convicted of it.
Any expenses incurred by an auditor in connection with proceedings for an offence under this section, so far as not recovered from any other source, are recoverable from the entity in relation to which the auditor is appointed.
The powers under this section are in addition to any other powers which an auditor has in relation to the exercise of the auditor’s functions under or pursuant to this Chapter.
Where a report is made under section 45 in relation to an entity, the report must be considered—
in the case of a company, at a general meeting of the company (to be called by the directors under section 302 of the Companies Act 2006 (c. 46));
in the case of a limited liability partnership, at a meeting of the members of the partnership;
in the case of an industrial and provident society, at a meeting of the society in accordance with the rules of the society.
The meeting must be held before the end of the period of one month starting with the day on which the report is sent to it.
The notice of the meeting must include a copy of the report.
At the meeting the entity must decide—
whether the report requires it to take any action, and
if so, what.
The entity must notify the local authority with which it is connected of—
its decision under subsection (4)(a), and
any decision under subsection (4)(b).
If under subsection (4)(a) the entity decides that the report does not require it to take any action, the notification under subsection (5)(a) must give reasons for that decision.
The person who made the report may extend the period of one month mentioned in subsection (2) if satisfied that it is reasonable to do so to allow the entity to comply with its duties under this section.
A period may be extended under subsection (7) more than once.
This section does not affect any duties (so far as they relate to the subject-matter of a report) imposed by or under any other enactment.
Where a report is made under section 45 in relation to an entity, the local authority with which the entity is connected must—
consider the report and the entity’s decision or decisions under section 48(4) at a relevant meeting, and
decide whether the report and the decision or decisions require the authority to take any action, and if so what.
A local authority must discharge its duty under subsection (1) before the end of the period of one month starting with the day on which the entity notifies the local authority under section 48(5).
The person who made the report may extend the period of one month mentioned in subsection (2) if satisfied that it is reasonable to do so to allow the local authority to comply with its duty under subsection (1).
A period may be extended under subsection (3) more than once.
In subsection (1)(a) “relevant meeting” means—
in the case of a local authority not operating executive arrangements, a meeting of the authority or of a committee of the authority;
in the case of a local authority operating executive arrangements—
a meeting of the executive, or
if the function referred to in that subsection is a responsibility of the authority, a meeting of the authority or of a committee of the authority.
The notice given of the meeting to members of the authority or of the executive or committee of the authority (as the case may be) must include—
a copy of the report, and
a copy of the notification given by the entity under section 48(5).
Subsections (8) and (9) apply in relation to a meeting of a local authority or of a committee of a local authority under this section.
The following powers do not include power to exclude the report—
the power under section 1(4)(b) of the Public Bodies (Admission to Meetings) Act 1960 (c. 67) to exclude items from the matter supplied under that section (supply of agenda etc to newspapers);
the power under section 100B(2) of the Local Government Act 1972 (c. 70) to—
exclude documents from the documents open to inspection under section 100B(1) of that Act, or
exclude items from the matter supplied under section 100B(7) of that Act (public access to agenda and reports before meetings and supply of agenda etc to newspapers).
Part 5A of the (9)Local Government Act 1972 has effect in relation to the report as if section 100C(1)(d) of that Act (public access to copies of reports for six years after meeting) were not limited to so much of the report as relates to an item during which the meeting was open to the public.
In this section—
“executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22);
references to a committee of a local authority include a sub-committee.
This section does not affect any duties (so far as they relate to the subject-matter of a report under section 45) imposed by or under any other enactment.
An entity in relation to which a person is appointed under this Chapter must pay the appointing audit authority a fee in respect of the discharge by that person of any of the functions specified by subsection (2) in relation to the entity.
Those functions are—
functions under section 44(2) to (5);
functions under sections 45 to 49.
The entity must pay a fee under this section at such time, and otherwise in accordance with such requirements, as the audit authority may specify.
The amount of a fee payable under this section is, subject as follows, to be such as may be specified in or determined under a scale or scales of fees prescribed by the audit authority for the purposes of this section.
Before prescribing a scale of fees under subsection (4) the audit authority must consult— as it considers appropriate.
such associations of local authorities, and
such bodies of accountants,
A scale of fees under this section is not to provide for the amount of a fee to be different depending on whether or not the person appointed under this Chapter is a member of staff of the audit authority.
A scale of fees under this section and standard terms and conditions under section 43 are not to provide for fees of different amounts in respect of—
the discharge of a function referred to in subsection (2)(a), and
the discharge of an equivalent function pursuant to an appointment pursuant to section 43(1).
If the Secretary of State considers it desirable or necessary to do so, the Secretary of State may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales prescribed by the Audit Commission under subsection (4).
Before making any regulations under subsection (8) the Secretary of State must consult—
the Audit Commission, and
such associations of local authorities, and such bodies of accountants, as the Secretary of State considers appropriate.
If the Welsh Ministers consider it desirable or necessary to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales prescribed by the Auditor General for Wales under subsection (4).
Before making any regulations under subsection (10) the Welsh Ministers must consult—
the Auditor General for Wales, and
such associations of local authorities, and such bodies of accountants, as the Welsh Ministers consider appropriate.
If it appears to the audit authority that the work involved in a particular case differed (or is likely to differ) substantially from that envisaged by the person prescribing the appropriate scale, the audit authority may charge a fee of an amount different from that referred to in subsection (4).
At any time after the appointment of a person under this Chapter in relation to an entity, the appointing audit authority may for the purpose specified in subsection (2) require the entity to produce to it—
the accounts audited by the person pursuant to section 43 or under section 44, or
any other document or information relating to the entity to which the person has or had a right of access under or pursuant to this Chapter.
The purpose referred to in subsection (1) is to enable an audit authority to secure that persons appointed by the authority under this Chapter maintain proper standards.
For the purposes of this Chapter, where a relevant entity is an undertaking in relation to which a Passenger Transport Executive is a parent undertaking, the entity is to be regarded as connected with the Integrated Transport Authority for the area for which the Executive is established.
In this section—
Section 31 of the Audit Commission Act 1998 (c. 18) is repealed.
Regulations under section 36(4)(b) or (5)(b) may provide for any expression used in formulating a condition specified in the regulations to have the meaning for the time being given by a relevant document identified in the regulations.
In subsection (1), “relevant document”—
means a document that (at the time the regulations are made) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision, and
includes a document so identified by virtue of section 21(5) of that Act.
Regulations under this Chapter must be made by statutory instrument.
A statutory instrument containing regulations under this Chapter made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under this Chapter made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this Chapter—
“audit authority” has the meaning given by section 36(2);
In this Chapter references to an entity being “connected with” a local authority are to be construed in accordance with subsection (6) of section 212 of the Local Government and Public Involvement in Health Act 2007 (c. 28).
The Local Government Boundary Commission for England is established as a body corporate.
The Local Government Boundary Commission for England is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
Accordingly, the property of the Local Government Boundary Commission for England is not to be regarded as the property of the Crown or as property held on behalf of the Crown.
The Local Government Boundary Commission for England may do anything, except borrow money, which is calculated to facilitate, or is incidental or conducive to, the exercise of its functions.
Schedule 1 (which makes further provision about the constitution and administration of the Local Government Boundary Commission for England) is part of this Part.