- a new local authority
means a local authority established by the order;
- a transitional period
means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.
- actions
includes courses of action;
- affected principal council
means any principal council whose area the community governance review relates to (including the council carrying out the review);
- alternative style
has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);
- an alternative proposal
means—
- application area
means the area to which a community governance application relates;
- appropriate parish authority
means— a the parish council, or b if the parish does not have a parish council, the parish meeting. 12B 1 This section applies to a group of parishes. 2 The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style. 3 If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style. 4 A single resolution may provide for each of the grouped parishes— a to cease to have an alternative style, and b to have the same one of the other alternative styles instead. 5 If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles— a “group of communities”;
- auditor
means an auditor appointed by the Audit Commission or the Auditor General for Wales to audit the best value authority's accounts.”
- authorised officer
has the same meaning as in section 237A.”
- authorised representative
means an individual authorised for the purposes of this section, in accordance with any applicable provision in regulations under subsection (1), by a Local Healthwatch organisation or a Local Healthwatch contractor.
- best value authority
includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise;
- boundary change
means any of the following or any combination of the following—
- Byelaws
means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).
- capital contract
means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);
- care services
means— (a) services provided as part of the health service in England;
- combined authority
means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- combined county authority
means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
- community
includes a section of the community;
- community governance application
has the meaning given by section 80A • “community governance petition” has the meaning given by section 80;
- community governance petition
has the meaning given by section 80;
- community governance review
has the meaning given by section 79;
- confidential information
has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils), • “exempt information” has the meaning given by section 100I of that Act, and, in relation to— (a) any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or (b) any response to such a report or recommendations, also includes information which is exempt information under section 246 of the National Health Service Act 2006, • “relevant exempt information” means— (a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified
- conflicts guidance
means guidance about managing conflicts between—
- county-council-elections year
means 2013 and every fourth year afterwards.
- de-grouped parish
means— a in the case of dissolution of the group, each parish in the group;
- direction
means a direction under section 24.
- disputed matter
means any matter that— (a) could be the subject of provision contained in an agreement under this section;
- electoral area
has the meaning given by section 203(1) of the Representation of the People Act 1983;
- electoral matters
means any of the following—
- enactment
includes— but it does not include an Act other than this Act.
- English local authority
means a local authority in England, and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales;
- entity
means any entity, whether or not a legal person;
- excluded matter
means any matter with respect to which a crime and disorder committee could make a report or recommendations—
- exempt information
has the meaning given by section 100I of that Act, and, in relation to— (a) any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or (b) any response to such a report or recommendations, also includes information which is exempt information under section 246 of the National Health Service Act 2006, • “relevant exempt information” means— (a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or par
- existing English tribunals
means the valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) which are in existence immediately before the transfer of jurisdiction takes place.
- existing parishes under review
means each of the parishes (if any) which are already in existence in the area under review;
- fallow year
means 2013 and every fourth year afterwards;
- financial year
means a period of 12 months ending with 31st March;
- fire and rescue authority
means—
- Fixed penalty receipts
means amounts paid to an authority in pursuance of notices under section 237A. 2 The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance. 3 A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.”
- health service body
means— (a) in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
- health service users
means persons to whom health services are being or may be provided in the area of the Strategic Health Authority. 3 A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority's duty under regulations under this section. 4 The guidance mentioned in subsection (3) includes (in particular)— a guidance given by the Secretary of State as to when, or how often, involvement under arrangements under the regulations is to be carried out;
- implementing
includes implementing with modifications and “implementation” is to be read accordingly.
- independent advocacy services
means services providing assistance (by way of representation or otherwise) to persons making or intending to make—
- independent provider
means— (a) in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
- leader and cabinet executive
means— a in relation to England: a leader and cabinet executive (England);
- leader and cabinet executive (England)
has the same meaning as in Part 2 of the Local Government Act 2000;” ““leader and cabinet executive (Wales)” has the same meaning as in Part 2 of the Local Government Act 2000;”
- listed authority
means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and b a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)). 1C Subsection (1A) has effect subject to subsection (3).”
- local authority
means a county council in England, a district council in England or a London borough council;
- local government area
means a county in England, a district in England or a London borough;
- Local Government Boundary Commission
means the Local Government Boundary Commission for England. • “petition area” means the area to which a community governance petition relates;
- local government elector
has the same meaning as in the Local Government Act 1972 (see section 270);
- Local Healthwatch arrangements
has the meaning given by section 222;
- Local Healthwatch contractor
has the meaning given by section 223;
- member
includes a co-opted member within the meaning of that Part.
- member of the public
means an individual or a body of persons, whether incorporated or not, other than— ”;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- modify
includes amend.
- non-capital contract
means a contract which is not a capital contract.
- non-unitary district council
means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).
- old-style leader and cabinet executive
means a leader and cabinet executive of the form specified in section 11(3) of the LGA 2000;
- overview and scrutiny committee
has the meaning given by section 226(8).
- panel of chairmen
means the panel of persons to act as chairmen of the Tribunal;
- parished area
means an area which— (a) is a parish, or (b) is part of a parish;
- partner authority
has the same meaning as in Chapter 1 of this Part except that it does not include a local policing body or a chief officer of police.
- petition area
means the area to which a community governance petition relates;
- pre-commencement invitation
means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.
- prescribed provision
means provision prescribed or of a description prescribed by the regulations.;
- President
means President of the Valuation Tribunal for England;
- Principal area
means a county borough or a county in Wales, and “principal council” means a council for a principal area.
- principal authority
has the meaning given by section 1;
- principal council
means— (a) a district council in England, (b) a county council in England for an area in which there are no district councils, or (c) a London borough council;
- public body
includes— (a) a local authority;
- qualifying person
means a person who— (a) is authorised to represent the local authority at meetings of an entity that is connected with the local authority;
- registered social landlord in Wales
means a body which is— a registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and b mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.”
- related
means related to the other recommendations made under this Chapter. • “relevant principal council”, in relation to recommendations under subsection (2), means— (a) the principal council that made the recommendations, and (b) if the recommendations are made by a district council for an area for which there is a county council, the county council.
- relevant adjoining area
means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.
- relevant area
means—
- relevant authority
means a local authority—
- relevant best value authority
means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994.”
- relevant body corporate
means the body corporate which the combined county authority was established as;
- relevant committee
means— (a) any overview and scrutiny committee of— (i) a county council in England, (ii) a district council in England, other than a council for a district in a county for which there is a county council, or (iii) a London borough council, or (b) a sub-committee of an overview and scrutiny committee within paragraph (a), and • “relevant partner authority”, in relation to a relevant committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than— (a) a police authority, or (b) a chief officer of police;
- relevant consultation
means consultation in relation to matters specified by the direction under that subsection. 5 The Secretary of State may give directions as to— a the periods to be covered by reports under this section;
- relevant contract
means a contract which is either or both—
- relevant county council
means— (a) a county council such as is referred to in subsection (3B)(b) above, or (b) an existing county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, and • “the reorganisation date” means the date on which the council is required by this section to establish its general fund.”
- relevant district council
means— (a) in relation to a responsible local authority, any district council which is a partner authority of it;
- relevant election
means— a an election for the return of an elected mayor;
- relevant election day
means the day in 2009 on which an ordinary election of a mayor would take place if the local authority continued to operate a mayor and council manager executive;
- relevant elections
means the first ordinary elections of councillors of the local authority which take place after the end of the permitted resolution period (within the meaning of paragraph 3(4)(b));
- relevant electoral arrangements
means— a any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and b any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.”
- relevant English body
means— (a) a Strategic Health Authority, (b) a Primary Care Trust, (c) an NHS trust that is not a relevant Welsh body, or (d) an NHS foundation trust;
- relevant exempt information
means— (a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and (b) in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the
- relevant form of executive
means— a in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;
- relevant office of mayor
means the office of mayor for the area of the combined county authority.
- relevant order
means an order under— a section 11 of this Act, or b section 86 of the Local Government and Public Involvement in Health Act 2007.”
- relevant time
means the time immediately before section 62(5) comes into force;
- relevant trust
means a trust connected with a local authority.
- relevant Welsh body
means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales. 1B Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in— a the planning of the provision of those services, b the development and consideration of proposals for changes in the way those services are provided, and c decisions to be made by that body affecting the operation of those services. 1C Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on— a the manner in which the services are delivered to users of those services, or b the range of health services available to those users. 1D Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on— a the manner in which the services are delivered to users of those services, or b the range of health services available to those users. 1E The reference in each of subsections (1C)(a) and (1D)
- relevant year
means 2011 and every fourth year afterwards;
- reorganisation of community governance
means any changes made by giving effect to a community governance review.
- reorganisation order
means an order under section 86;
- responsible local authority
has the meaning given by section 103;... •...
- responsible person
means—
- senior executive member
has the same meaning as in section 14 of that Act;
- senior offices of the Tribunal
means any of these offices— a President of the Tribunal;
- services-provider
means—
- single-tier
has the meaning given by subsection (2);
- social care services
means services provided as part of the social services functions of a local authority;
- specified
means specified, or of a description specified, by the order;
- staff
includes officers and employees;
- standards committee
means a committee established under section 53(1) of the Local Government Act 2000;
- successor
means a local authority (other than the old authority)—
- terms of reference
has the meaning given by section 81.
- the 2006 Act
means the National Health Service Act 2006 (c. 41);
- the appropriate authority
means—
- the commencement date
means the date this section comes into force;
- the Commission
means the Commission for Patient and Public Involvement in Health.
- the county concerned
means—
- the Functions Regulations
means the Patients' Forums (Functions) Regulations 2003 (S.I. 2003/2124).
- the health service
has the same meaning as in the National Health Service Act 2006;
- the Local Government Boundary Commission
means the Local Government Boundary Commission for England;
- the permitted period
means the period of 12 months beginning with— a the day on which the person affected first had notice of the matter, or b if the person affected has died without having notice of the matter— i the day on which the personal representatives of the person affected first had notice of the matter, or ii if earlier, the day on which the complainant first had notice of the matter. 3 A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint. 26C 1 This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies. 2 If the complainant consents, the complaint may be referred to a Local Commissioner by— a the member of the authority to whom the complaint was made, b any other member of that authority, or c a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of. 3 Subject to subsection (4), a referral under this section must be made in writing. 4 A Local Commissioner may disapply the requirement in subsection (3) in relation to a p
- the prescribed period
means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.
- the previous electoral scheme
means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.
- the proposal
means
- the recommendation date
means the date the recommendation was sent by the Local Government Boundary Commission to the Secretary of State.
- the relevant date
means the date specified in the request under section 4(2) (or, if a later date is substituted under section 4(3), the date substituted (or last substituted) under that provision).
- the relevant period
means four weeks beginning with the relevant date.
- the reorganisation date
means the date on which the council is required by this section to establish its general fund.”
- transitional period
means the period that— (a) starts when section 62(5) comes into force, and (b) ends with the third day after the day of the relevant elections.
- Tribunal
means the Valuation Tribunal for England;
- two-tier
has the meaning given by subsection (2);
- unparished area
means an area which— (a) is not a parish, and (b) is not part of a parish.
- valuation tribunal
means— i the Valuation Tribunal for England, or ii a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988;
- Vice-President
means Vice-President of the Valuation Tribunal for England;
- Welsh best value authority
means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999. 36B 1 The Welsh Ministers may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a Welsh best value authority or Welsh best value authorities. 2 The power to pay a grant under this section does not include power to pay a grant to a best value authority. 3 The amount of a grant under this section, and the method of payment, are to be such as the Welsh Ministers may determine. 4 A grant under this section may be paid on such conditions as the Welsh Ministers may determine. 5 Conditions under subsection (4) may, in particular, include— a provision as to the use of the grant;
- Welsh case tribunal
means a case tribunal drawn from the Adjudication Panel for Wales.”
- Welsh health body
means— (a) a Local Health Board, (b) an NHS trust managing a hospital or other establishment or facility in Wales, (c) a Special Health Authority not discharging functions only or mainly in England, (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2019), (e) a family health service provider in Wales (within the meaning of that Act), or (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.
- Welsh local authority
means a local authority in Wales.
- Working day
means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”
- year for elections by halves
means 2012 and every second year afterwards.