Local Government Act 1992

the standards of performance achieved by different relevant bodies in that financial year; and

the standards of performance achieved by such bodies in different financial years.

to make such arrangements for collecting and recording the information as secure that the information is available for publication and, so far as practicable, that everything published in pursuance of the direction is accurate and complete;

within the period of nine months beginning with the end of that financial year, to publish the information, in accordance with the direction, in a newspaper circulating in the area of that body; and

to keep a document containing any information published in pursuance of the direction available for inspection by interested persons.

at all reasonable times and without payment, to inspect and make copies of the whole or any part of a document kept available for inspection under subsection (2)(c) above; and

to require copies of the whole or a part of any such document to be delivered to him on payment of a reasonable sum for each copy.

obstructs a person in the exercise of his rights under subsection (4) above; or

refuses to comply with a requirement under subsection (4)(b) above,

in relation to England and Wales, to any body with which the Audit Commission is concerned, other than one falling within subsection (8) below; and

in relation to Scotland, to any local authority, joint board or joint committee, within the meaning of the 1973 Act.

parish and community councils and any parish meeting of a parish not having a separate parish council;

charter trustees constituted under section 246 of the 1972 Act;

health service bodies within the meaning of Part III of the 1982 Act;

port health authorities;

licensing planning committees;

internal drainage boards;

probation committees; and

Passenger Transport Executives.

identify the financial year or years or other periods in relation to which the information is to be published;

specify or describe the activities to which the information is to relate; and

make provision as to the matters to be contained in the information and as to the form in which it is to be published.

may be given so as to apply either to all the relevant bodies with which the Commission giving the direction is concerned or to all such bodies as are of a description specified in the direction; and

may be varied or revoked by any subsequent direction under that section.

publish the direction in such manner as it considers appropriate for bringing it to the attention of members of the public; and

send a copy of the direction to every relevant body on whom duties are imposed by virtue of the direction.

the imposition of any requirement by the first direction under section 1 above to apply to that body; or

any subsequent extension of, or addition to, either—

facilitate the making of appropriate comparisons (by reference to the criteria of cost, economy, efficiency and effectiveness and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1) between—

facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015.

to make such arrangements for collecting and recording the information as secure that the information is available for publication and, so far as practicable, that everything published in pursuance of the direction is accurate and complete;

within the period of six months beginning with the end of that financial year or other period, to publish the information, in accordance with the direction, and by one of the methods permitted by section 1A below; and

to keep a document containing any information published in pursuance of the direction available for inspection by interested persons.

at all reasonable times and without payment, to inspect and make copies of the whole or any part of a document kept available for inspection under subsection (2)(c) above; and

to require copies of the whole or a part of any such document to be delivered to him on payment of a reasonable sum for each copy.

obstructs a person in the exercise of his rights under subsection (4) above; or

refuses to comply with a requirement under subsection (4)(b) above,

in relation to England and Wales, to any body with which the Audit Commission is concerned, other than one falling within subsection (8) below; and

in relation to Scotland, to any local authority, joint board or joint committee, within the meaning of the 1973 Act.

parish and community councils and any parish meeting of a parish not having a separate parish council;

charter trustees constituted under section 246 of the 1972 Act;

health service bodies within the meaning of Part III of the 1982 Act;

port health authorities;

licensing planning committees;

internal drainage boards;

probation committees; and

Passenger Transport Executives.

studies designed to enable the Audit Commission or, as the case may be, the Scottish Accounts Commission to determine what directions it should give under section 1 above; and

studies of information published in pursuance of directions under section 1 above which are designed to enable the Commission in question to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by relevant bodies;

parish and community councils in England and Wales; and

charter trustees constituted under section 246 of the 1972 Act,

to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient; and

to make different provision for different cases, including different provision for different localities and for different bodies.

a report under section 15(3) of the 1982 Act (an auditor’s report) or, in Scotland, a copy of a report from the Controller of Audit under section 102(1) or (2) of the 1973 Act; or

such a written recommendation to that body by an auditor as is stated, in the document containing the recommendation, to be one which, in the auditor’s opinion, should be considered under this section or, in Scotland, a recommendation to that body from the Scottish Accounts Commission under section 103(1) of the 1973 Act,

to consider it at a meeting held before the end of the period of four months beginning with the day on which the report or recommendation was sent to that body or, as the case may be, to their chairman; and

to decide at that meeting—

an auditor is satisfied, in the case of any body in England and Wales to which, or to whose chairman, any report or recommendation has been sent, that it is reasonable to allow more time for the body to comply with their duties under subsection (2) above in relation to that report or recommendation;

the Controller of Audit is so satisfied in the case of any body to which a copy of a report under section 102(1) or (2) of the 1973 Act has been sent; or

the Scottish Accounts Commission is so satisfied in the case of any body to which a recommendation under section 103(1) of the 1973 Act has been sent,

to every body with which the Audit Commission is concerned, other than one falling within any of paragraphs (b) to (h) of section 1(8) above; and

to every local authority, joint board or joint committee, within the meaning of the 1973 Act.

states the time and place of the meeting;

indicates that the meeting is to be held in order for consideration to be given to a report by an auditor or the Controller of Audit or, as the case may be, to a recommendation of an auditor or of the Scottish Accounts Commission; and

describes the subject-matter of that report or recommendation.

that the relevant authority is notified, as soon as practicable after the end of the meeting, of the decisions made at that meeting in pursuance of subsection (2)(b) of that section; and

that a notice containing such a summary of those decisions as has been approved by the relevant authority is published, as soon as practicable after the end of the meeting, in a newspaper circulating in that body’s area.

shall not be required to summarise any decision made while the public were excluded from the meeting— but

in a case where sections 100C and 100D of the 1972 Act or sections 50C and 50D of the 1973 Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents in relation to that meeting which are open for inspection in accordance with those sections.

in relation to a meeting of any body with which the Audit Commission is concerned, means the auditor of that body’s accounts;

in relation to a meeting for the consideration of a report of the Controller of Audit, means the Controller of Audit; and

in relation to a meeting for the consideration of a recommendation from the Scottish Accounts Commission, means that Commission.

a contravention by a body with which that Commission is concerned of any obligation imposed on that body by virtue of subsection (2) of section 1 above;

the making by an auditor of a report under section 15(3) of the 1982 Act to any such body, the subject-matter of any such report and the decision made and other action taken by any such body in response to the receipt of any such report or to anything contained in it;

a contravention by any such body of any regulations made under section 23 of the 1982 Act (regulations with respect to accounts).

information with respect to a report made to a health service body, within the meaning of Part III of the 1982 Act, or to any decision or other action by such a body; or

information excluded under subsection (3)(a) of section 6 above from any notice published for the purposes of subsection (2)(b) of that section.

the conduct or decisions of any body with which it is concerned; or

a report made to any such body,

the evaluation for the purposes of Part I of the 1988 Act of the quality of the services which persons willing to carry out the work are able to provide and of their fitness to provide them; and

the evaluation for those purposes of the financial terms on which such persons would carry out the work.

by virtue of an order under section 2(3) of the 1988 Act, falls within a defined activity for the purposes of Part I of that Act; and

consists in, or involves, the provision of professional advice or of other professional services or the application of any financial or technical expertise.

to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient; and

to make different provision for different cases, including different provision for different localities and for different authorities;

as conduct which has the effect of restricting, preventing or distorting competition or is likely to have that effect; or

as conduct which does not have that effect and is not likely to have that effect.

the condition specified in section 7(1A) of the 1980 Act (competition condition in the case of certain works contracts);

the condition specified in section 9(4)(aaaa) of the 1980 Act (competition condition applying in the case of prescribed construction or maintenance work);

the condition set out in section 4(5) of the 1988 Act (competition condition in the case of works contracts relating to work falling within a defined activity);

the condition set out in section 7(7) of the 1988 Act (competition condition in the case of functional work falling within such an activity).

prescribe the matters which are to be taken into account, or disregarded, in the course of any evaluation made for the purpose of deciding who should undertake or carry out particular work;

prescribe the manner in which, or extent to which, any matter described in the regulations is to be so taken into account or disregarded;

prescribe maximum and minimum periods for the periods which are required, by virtue of paragraphs (b) and (d) of subsection (2) of section 7 of the 1988 Act, to be specified in a notice published for the purposes of subsection (1) of that section (periods for inspection of specification and for notifying an authority of a wish to tender);

prescribe a maximum and a minimum period for the period which is to elapse, in a case where a notice has been so published, between—

make provision for the issue by the Secretary of State of guidance as to how conduct restricting, distorting or preventing competition is to be avoided in the doing of anything under or for the purposes of Part III of the 1980 Act or Part I of the 1988 Act; and

require the extent (if any) to which there has been a contravention of guidance issued by the Secretary of State under the regulations to be taken into account in any determination of whether or not a condition mentioned in subsection (2) above has been fulfilled.

to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient; and

to make different provision for different cases, including different provision for different localities and for different bodies.

prepared for the purposes of an invitation issued for the purposes of section 9(4)(a) of the 1980 Act (competitive tendering for construction and maintenance work); or

made available for inspection in accordance with a notice published for the purposes of section 7(1) of the 1988 Act (competitive tendering for other functional work).

to make arrangements for— to be kept available, throughout the period during which the work in question is to be carried out, for inspection by members of the public, at all reasonable hours, at the principal office of the authority; and

to give such publicity to those arrangements as they think sufficient for drawing the attention of members of the public who may be interested to the fact that the specification and that document are so available.

conduct a review of such areas in England as are specified in the direction or are of a description so specified; and

recommend to the Secretary of State as respects each of those areas either—

independently of any reviews under subsection (1) above, to conduct periodic reviews of every principal area in England for the purpose of determining whether recommendations should be made for electoral changes in that area; and

as respects any area reviewed, to recommend to the Secretary of State either—

to reflect the identities and interests of local communities; and

to secure effective and convenient local government.

a structural change is the replacement, in any non-metropolitan area, of the two principal tiers of local government with a single tier;

a boundary change is any of the changes specified in subsection (3) below, whether made for the purpose of facilitating a structural change or independently of any such change; and

an electoral change is a change of electoral arrangements for any local government area, whether made in consequence of any structural or boundary change or independently of any such change;

the reference to a non-metropolitan area is a reference to any area which is or, as a result of any recommended boundary change would be, a non-metropolitan county or a non-metropolitan district; and

the reference to the replacement, in any such area, of the two principal tiers of local government with a single tier is a reference to either—

the alteration of a local government area, including the alteration of so much of the boundary of any such area as lies below the high-water mark of medium tides, but excluding the extension of any local government area into Wales;

the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of any local government area;

the abolition of a principal area of any description outside Greater London, or of a metropolitan county, and its distribution among other areas of the like description;

the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;

the abolition of a London borough and the distribution of its area among other London boroughs;

the constitution of a new parish by—

the abolition of a parish, with or without the distribution of its area among other parishes.

in relation to a principal area—

in relation to a parish council—

the abolition of any local authority whose functions would all vest in another as a result of any recommended structural change or whose area would be abolished or otherwise substantially affected by any recommended boundary change;

the establishment, as a county or district council, of a new authority for any area which would result from any recommended boundary change involving the amalgamation or aggregation of areas or parts of areas or involving other substantial alterations of areas;

the extent to which a structural or boundary change requires (whether because functions become vested in an authority for a smaller area or for any other reason connected with the change) that joint arrangements should be made in relation to functions affected by the change; and

whether, in connection with any recommended structural change, any authority should, for the purpose of the vesting of functions under Part II of the Town and Country Planning Act 1990 (development plans) in that authority—

for an existing county council to become the district council for any area comprising a part of a county or for any two or more such areas; or

for an existing district council to become the county council for an area comprising any one or more districts.

a metropolitan district and a non-metropolitan district shall be regarded as local government areas of a like description and so shall a metropolitan county and a non-metropolitan county; and

any county or district resulting from the amalgamation or aggregation of the whole or any part of a metropolitan area with the whole or any part of a non-metropolitan area shall be regarded as a non-metropolitan county or, as the case may be, district.

the direction requiring that review to be conducted;

any other directions under this Part which are relevant to the review; and

the period within which representations with respect to the subject-matter of the review may be made.

the fact that the Commission is to conduct a periodic review of that area;

any directions under this Part which are relevant to the review; and

the period within which representations with respect to the subject-matter of the review may be made.

take into consideration any representations made to it within the period mentioned in subsection (1)(c) or (2)(c) above;

prepare draft recommendations and take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;

deposit copies of the draft recommendations at the principal office of any principal council appearing to that Commission to be likely to be affected by them; and

take into consideration any representations made to that Commission within that period.

submit such a report to him together with its recommendations;

take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

deposit copies of the recommendations at the principal office of any principal council appearing to that Commission to be likely to be affected by them.

the area of any authority and the name of any such area;

the name of any authority;

the establishment of any new authority for any county or district or the winding up and dissolution of any existing authority;

the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;

without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;

in the case of an order relating to the system of election of district councillors, the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;

the constitution and election of public bodies in any area affected by the order;

the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order.

shall, for any financial year beginning at the same time as or after the coming into force of the change, be a billing authority for the purposes of Part I of the Local Government Finance Act 1992 in relation to their area; and

shall not, for any such year, be a major precepting authority for those purposes.

shall include provision for any district the council for which are, under the order, to have the functions of a county council in relation to that district to be treated as a county for the purposes of the Police Act 1964; and

may provide, for the purposes of the approval or making of an amalgamation scheme under Part I of that Act, that the area of a district in relation to which the council of any county affected by the order are to have any functions is to be treated as an area that would become a police area by virtue of the order.

shall provide that, subject to any combination scheme under the Fire Services Act 1947, any district the council for which are, under the order, to have the functions of a county council in relation to that district is to become the area of a fire authority for the purposes of that Act; and

may provide, for the purposes of the making of any combination scheme under that Act, that the area of any district in relation to which the council of any county affected by the order are to have any functions is to be treated as an area that would become the area of a fire authority by virtue of the order.

his powers under Part I of the Police Act 1964 to approve or make an amalgamation scheme; or

his powers under the Fire Services Act 1947 to approve or make a combination scheme,

the transfer of functions, property, rights or liabilities from a local authority for any area to another local authority whose area consists of or includes the whole or any part of that area;

the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 22 below;

the management or custody of transferred property (whether real or personal);

the functions or areas of jurisdiction of any public body or of any of the following persons— and the costs and expenses of such public bodies and persons.

for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

for the making of any such payment either by way of a capital sum or of a terminable annuity.

agreed on by the parties; or

in default of agreement, appointed by the Secretary of State;

might be the subject of provision contained in an agreement under this section; and

is the subject of such a dispute between two or more public bodies as is not resolved by or under provision contained in any order or regulations under this Part.

have not been made by the authorities in whom those functions are to be or have been vested;

will not be in force when the structural or boundary change in question comes into force; or

have ceased or will cease to be in operation,

to any of the authorities for whose areas the joint authority is established; or

to any body established in pursuance of any joint arrangements made by or in relation to those authorities,

for excluding any functions, or any functions in any area, from those falling to be carried out by a joint authority; and

for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (3) above and for the dissolution of a joint authority.

make provision with respect to the constitution and membership of a residuary body;

make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

make provision with respect to the keeping and auditing of accounts of a residuary body;

make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

make provision for enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions; and

without prejudice to the generality of paragraphs (a) to (e) above, make any such provision with respect to a residuary body as was made by Part VII of the Local Government Act 1985 with respect to the residuary bodies established by that Part.

for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) above and for the dissolution of a residuary body.

considering and keeping under review the arrangements for the recruitment of staff by relevant authorities affected by orders under this Part and for the transfer, in consequence of the provisions of any such order, of staff employed by such authorities;

considering such staffing problems arising in consequence of such an order, and such other matters relating to staff employed by any such authority, as may be referred to the staff commission by the Secretary of State; and

advising the Secretary of State on the steps necessary to safeguard the interests of such staff;

the supply of any information requested and the implementation of any advice given by a staff commission; and

the payment by such an authority of any expenses incurred by a staff commission in doing anything requested by the authority.

where any report or proposals were submitted by the predecessor Commission to the Secretary of State under Part IV of the 1972 Act before the commencement of this section, the provisions of that Part, and of any regulations made under that Part, that cease to have effect for other purposes by virtue of this Act shall continue to have effect for the purpose of enabling effect to be given (with or without modifications) to those proposals and otherwise in relation to that report and those proposals; and

where the Local Government Commission undertakes a review under this Part of any area which was the subject of a review which was being conducted by the predecessor Commission at the commencement of this section, the Secretary of State may, by a direction to the Local Government Commission, dispense in relation to that review with such of the requirements of section 15 above as appear to him to be inappropriate in the light of any steps taken before the commencement of this section by the predecessor Commission.

it effects a structural change;

it establishes a joint authority for two or more local government areas; or

it effects only electoral changes or relates only to parishes.

to apply with or without modifications;

to extend, exclude or amend; or

to repeal or revoke with or without savings,

for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and

for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

a mistake has occurred in the preparation of an order under any provision of this Part; and

the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (implied power to amend),

until the commencement of section 24 above, as including a reference to the Local Government Commission; and

thereafter, as if they were references to the Local Government Commission or the Local Government Boundary Commission for Wales.