Local Government Act 1992

Contents

Part I · Citizen’s Charter Provisions

Competition

9Power to define conduct as competitive or anti-competitive.#

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10Publicity for tender specifications.#

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11Amendments of competition provisions.#

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Auditors’ reports and recommendations

5Duty to consider auditor’s report or recommendation.#

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6Publicity requirements for meetings under s. 5.#

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Performance standards of local authorities etc.

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1APermitted methods of publishing information.#

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2Directions under s. 1.#

(1)A direction under section 1 above requiring the publication of information shall—

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

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

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

(2)A direction under section 1 above—

(a)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

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

(3)Before giving a direction under section 1 above which imposes a new requirement on any relevant body as to the publication of any information the Audit Commission or Scottish Accounts Commission shall consult such associations of relevant bodies and such other persons as it thinks fit.

(4)A direction under section 1 above imposing a new requirement on any relevant body as to the publication of any information shall not be given any later than the 31st December in the financial year which precedes that in relation to which the information is to be published or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.

(5)Where the Audit Commission or the Scottish Accounts Commission gives a direction under section 1 above, it shall—

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

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

(6)References in this section to the imposition of a new requirement on a relevant body as to the publication of information are references to—

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

(b)any subsequent extension of, or addition to, either—

(i)the matters to be contained in the information which that body are required to publish in relation to any financial year in pursuance of directions under section 1 above; or

(ii)the activities to which any such information is to relate.

3Functions of auditor and studies by the Commissions.#

(1)In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted“and d in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(2)In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted“and d in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.”

(3)The comparative and other studies which the Audit Commission is required to undertake or promote under section 26(1) of the 1982 Act, and those which the Scottish Accounts Commission is required to undertake or promote under section 97A(1) of the 1973 Act, shall include, in particular—

(a)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

(b)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;

but neither Commission shall be required by section 26(4) of the 1982 Act or section 97A(3) of the 1973 Act to consult any person before undertaking or promoting a study falling within paragraph (a) or (b) above.

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Publication of information by the Audit Commission

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Part II · Local Government Changes for England

Functions of the Local Government Commission

13Reviews and Recommendations#

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14Changes that may be recommended.#

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14ARequests for single-member electoral areas#

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14BProvision supplementary to section 14A#

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15Procedure on a review.#

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15AAlternative procedure on a review#

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16Consultation with the Audit Commission.#

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Implementation of recommendations

17Implementation of recommendations by order.#

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18Consequences of structural changes etc.#

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19Regulations for supplementing orders.#

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20Agreements as to incidental matters.#

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21Joint authorities.#

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22Residuary bodies.#

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23Staff commissions.#

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Supplemental provisions of Part II

24Abolition of the Local Government Boundary Commission for England.#

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25Application of Part II to the Isles of Scilly.#

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26Orders, regulations and directions under Part II.#

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27Amendments relating to local government changes.#

(1)Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Commission

12The Local Government Commission for England.#

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Part III · General

28Interpretation.#

(1)In this Act, except where the context otherwise requires—• “the 1972 Act” means the ^noteLocal Government Act 1972;• “the 1973 Act” means the ^noteLocal Government (Scotland) Act 1973;• “the 1980 Act” means the ^noteLocal Government, Planning and Land Act 1980;• ^note“the 1982 Act” means the ^noteLocal Government Finance Act 1982;• “the 1988 Act” means the ^noteLocal Government Act 1988;• ^note“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;• ^note“auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;• “contravention” includes a failure to comply;• “financial year” means the twelve months ending with 31st March;• “local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;• “local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;• ^note...• “modifications” includes additions, alterations and omissions;• “principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;• “principal council” means a council elected for a principal area;• “public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;• “the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the ^noteNational Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;• “staff” includes officers and employees.

(2)References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29Consequential amendment, repeals and saving.#

(1)Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.

(2)The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)Without prejudice to sections 16 and 17 of the ^noteInterpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.

30Short title, commencement and extent.#

(1)This Act may be cited as the Local Government Act 1992.

(2)Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)The following provisions of this Act, that is to say—

(a)sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and

(b)section 24, Schedule 3 and Part II of Schedule 4,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

(4)The following provisions of this Act do not extend to Scotland, that is to say—

(a)sections 4 and 7;

(b)Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and

(c)Part II of Schedule 4, apart from so much of that Part as makes a repeal in the ^noteHouse of Commons Disqualification Act 1975.

(5)Except for the purposes of—

(a)the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and

(b)so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,

this Act does not extend to Northern Ireland.

Schedule 1 · Amendments of Competition Provisions

The Local Government, Planning and Land Act 1980 (c. 65)

(2)

(1)

(2)

(3)

(4)

(1)

(2)After that subsection there shall be inserted the following subsection—“1A Where the Secretary of State specifies a financial objective under this section, he may define that objective by reference to such factors as he thinks fit.”

(5)

(6)

(a)

(b)

(7)

(1)In section 19B of the 1980 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (5) there shall be inserted the following subsection—“5A The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—a the Secretary of State has been satisfied as to any matter specified or described in the direction; orb the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.”

(2)

The Local Government Act 1988 (c. 9)

(10)

(11)

(12)

(13)In section 13(1) of the 1988 Act (conditions of enforcement), for paragraph (b) there shall be substituted the following paragraphs—“b have carried out work as regards which the conditions set out in section 7 above have to be but, in the circumstances, have not been fulfilled,ba have decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled,”

(14)In section 14 of the 1988 Act (power to give directions restricting a power to carry out work or imposing conditions with respect to the carrying out of work), after subsection (4) there shall be inserted the following subsections—“4A The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—a the Secretary of State has been satisfied as to any matter specified or described in the direction, orb the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.4B Where a direction under this section imposes any condition in relation to the carrying out of any work, that direction may provide that the requirement that the condition is fulfilled is to have effect, in relation to that work, instead of any requirement which (apart from the direction) would have effect in relation to that work by virtue of this Part.4C Without prejudice to subsection (3) above, the power to give a direction under this section shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority to which the direction relates.”

Schedule 2 · The Local Government Commission for England

Membership

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Remuneration, pensions et ceteralaetc.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Staff

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Incidental powers

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Proceedings

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Delegation of powers

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Members’ interests

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Application of seal and proof of instruments

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Finances of the Commission

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Accounts

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

The Parliamentary Commissioner

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

House of Commons disqualification

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 3 · Amendments consequential on Part II

The Fire Services Act 1947 (c. 41)

(1)In section 6 of the Fire Services Act 1947 (power of the Secretary of State to make combination schemes)—

(a)in subsection (2), after the word “thereto” there shall be inserted the words “ or subsection (2A) of this section applies ”; and

(b)after that subsection there shall be inserted the following subsection—“2A If, in a case where the authorities to whom notice of a proposed scheme has been given under subsection (2) of this section do not assent thereto—a it appears to the Secretary of State that the proposed scheme contains only such provision as is appropriate in consequence of an order under Part II of the Local Government Act 1992 containing provision for giving effect to a structural change (within the meaning of that Part); andb the period (if any) that has elapsed between the making of that order and the giving of that notice does not exceed twelve months,the Secretary of State shall be under a duty to consider any representations made by those authorities with respect to the proposed scheme within such period as may have been specified in the notice, but shall not be required under that subsection to cause a public local inquiry to be held.”

(2)In section 10 of that Act (schemes for combination of fire areas in advance of alterations of local government areas)—

(a)for the words from “constituting” to “a county” there shall be substituted the words “ or Part II of the Local Government Act 1992 affecting any area ”;

(b)for the words “that date” there shall be substituted the words “ the date on which that order gives effect to any transfer of functions or alteration of boundaries in relation to that area ”; and

(c)for the words from “as if” onwards there shall be substituted the words“as if— a references to the area of a fire authority included references to any area which (apart from any combination scheme under this section) would become such an area by virtue of such an order or which, in accordance with such an order, is to be treated, for the purposes of the making of any combination scheme, as an area which would become the area of a fire authority by virtue of that order; andb references, in relation to such an area, to the fire authority were references to the fire authority for any area the whole or any part of which will be included in that area.”

The Police Act 1964 (c. 48)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1972 (c.70)

(6)In section 6(2)(c) of the 1972 Act (term of office and retirement of councillors), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

(7)

(1)In subsection (6) of section 7 of the 1972 Act (election of councillors), for the words “section 51 below” there shall be substituted the words “ section 17 of the Local Government Act 1992 ”.

(2)In subsection (7) of that section—

(a)for the words “ask the English Commission to make proposals” there shall be substituted the words “ direct the Local Government Commission for England to conduct a review and make recommendations ”; and

(b)for the words following paragraph (b) there shall be substituted the words— “ and the provisions of Part II of the Local Government Act 1992 shall apply accordingly ”.

(8)In section 9(4) of the 1972 Act (parish meetings and councils), for the words “section 10 or 11 or Part IV below” there shall be substituted the words “ section 10 or 11 below or Part II of the Local Government Act 1992 ”.

(9)In section 11(5)(a) of the 1972 Act (orders for grouping parishes, dissolving groups and separating parishes from groups), for the words “Part IV below” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

(10)In subsection (2) of section 12 of the 1972 Act (provision supplementary to sections 9 to 11 of that Act), for the words from “section 68 below” to the end of the subsection there shall be substituted the words “ section 20 of the Local Government Act 1992 shall apply as if the order were made under Part II of that Act ”.

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In section 54(1)(e) of the 1972 Act (proposals for change in local government areas in Wales), for the words “a substantive change” there shall be substituted the words “ a change (hereafter in this Part referred to as a substantive change) which is independent of any change in local government areas so proposed ”.

(13)

(1)In subsection (1) of section 60 of the 1972 Act (procedure for reviews), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”.

(2)In subsections (2) to (7) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

(14)In section 61(1) of the 1972 Act (local inquiries), for the words “A Commission or” there shall be substituted the words “ The Welsh Commission or a ”.

(15)

(1)In subsection (1) of section 65 of the 1972 Act (delegation of functions), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”.

(2)In subsection (2) of that section, for the words “a Commission” there shall be substituted the words “ the Welsh Commission ”.

(16)

(1)In subsection (1) of section 71 of the 1972 Act (modification of seaward boundaries of local government areas), for the words “A Commission” there shall be substituted the words “ The Welsh Commission ”.

(2)In subsection (2) of that section, for the words “a Commission”, in each place where they occur, there shall be substituted the words “ the Welsh Commission ”.

(17)In section 73(2) of the 1972 Act (alteration of local boundaries consequent on alteration of water course), for the words “the English Commission” there shall be substituted the words “ the Local Government Commission for England ”.

(18)

(1)In subsection (1) of section 78 of the 1972 Act (supplementary), in the definition of “substantive change” for the words “section 47(1)(i)” there shall be substituted the words “ section 54(1)(e) ”.

(2)In subsection (2) of that section, for the words “each of the Commissions” there shall be substituted the words “ the Welsh Commission ”.

(19)

(1)In paragraph 7(1)(b) of Schedule 2 to the 1972 Act (constitution of London borough councils), for the words “Part IV of this Act” there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

(2)In paragraph 7(2) of that Schedule, for the words “Part IV of this Act”, in the first place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.

(20)In paragraph 10 of Schedule 3 to the 1972 Act (establishment of local authorities in England), for the words “Part IV of this Act”, in each place where they occur, there shall be substituted the words “ Part II of the Local Government Act 1992 ”.