- a committee system
means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with— (a) Part 6 of the Local Government Act 1972, and (b) this Part;
- a relevant application
means the application for planning permission in a case where a person— a has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and b is going ahead with making an application for planning permission (whether or not in the same terms as the proposed application). 8 A development order must require that a relevant application be accompanied by particulars of— a how the person complied with section 61W(1), b any responses to the consultation that were received by the person, and c the account taken of those responses.”
- act
includes omission;
- affected local authority
means a person specified by section 197(4)(d), (e), (f) or (g) in relation to the area.
- allotment
means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
- also-involved ombudsman
means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner's investigation.”
- alternative community group
means the group determined in accordance with section 86P;
- anti-social behaviour possession order
means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988. • a “demotion order” means a demotion order under section 82A of the Housing Act 1985;
- appointed person
means a person appointed to handle the application under Chapter 3.”
- appropriate authority
means— (a) the Treasury, (b) any other Minister of the Crown with the consent of the Treasury, or (c) the Mayor of London with the consent of the Treasury, • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975, • “relevant tax” means corporation tax, income tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and • “tax provision” means a provision of an enactment about a relevant tax.
- Article 260(2) proceedings
means proceedings under Article 260(2) of that Treaty.
- assured tenancy
has the same meaning as in Part 1 of the Housing Act 1988, and
- BRS
means a business rate supplement (see section 1 of the 2009 Act);
- building
includes part of a building;
- business
includes undertaking.
- caravan
has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;
- CCA
means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
- change in governance arrangements
has the meaning given by section 9OA of the Local Government Act 2000;
- chargeable period
has the meaning given by section 11(6) of that Act.
- civil service
means the civil service of the State;
- co-operative society
means a body that— a is registered— i as a co-operative society under section 1 of the 1965 Act, or ii is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and b is neither— i a non-profit registered provider of social housing, nor ii registered as a social landlord under Part 1 of the Housing Act 1996. 4 In this paragraph— • “the 1965 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;
- co-opted member
includes a police and crime commissioner who—
- code of conduct
means a code of conduct under section 51 of the Local Government Act 2000 or a model code of conduct issued by order under section 50(1) of that Act.
- combined authority
means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- committee system
has the meaning given by section 9B, • “committee system local authority” has the meaning given by section 9J(3), • “elected mayor” has the meaning given by section 9H, • “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983, • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), • “executive”, in relation to a local authority, is to be construed in accordance with section 9C, • “executive arrangements” has the meaning given by section 9B, • “executive leader” has the meaning given by section 9C(3)(a), • “first preference vote”
- committee system local authority
means a local authority that operates a committee system. 4 For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section. 5 In this section— • “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving— (a) the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function, (b) the doing of anything incidental or conducive to the discharge of the function, or (c) the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);
- common
has the meaning given by section 19(4) of the Acquisition of Land Act 1981;
- community body
means a body, other than a public or local authority, that carries on activities primarily for the benefit of the community.
- community interest group
means a person specified, or of a description specified, in regulations made by the Secretary of State;
- community nomination
has the meaning given by section 86D(2);
- company
means—
- compulsory purchase order
has the same meaning as in the Acquisition of Land Act 1981. 7 In subsection (5)(d) references to the construction of a highway include its alteration or improvement. 8 If there is a dispute as to what is to be taken to be the scheme mentioned in subsection (5) (“the underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follows— a the underlying scheme is to be taken to be the scheme provided for by the Act, or other instrument, which authorises the compulsory acquisition unless it is shown (by either party) that the underlying scheme is a scheme larger than, bu
- 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 9F(2)(f) (national health service functions), 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, and • “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section. 9 In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee. 9FH 1 This section applies to a local authority that operates executive arrangements and that is a lead local flood authority. 2 The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosio
- consent
means— a a consent or authorisation that is required, under legislation, to be obtained for development, b a consent, or authorisation, that— i may authorise development, and ii is given under legislation, or c a notice that is required by legislation to be given in relation to development. 7 In subsection (6) “legislation” means an Act or an instrument made under an Act. 8 An order under subsection (5) may not affect— a a requirement for a devolved consent to be obtained for, or given in relation to, development, or b whether development may be authorised by a devolved consent. 9 A consent is “devolved” for the purposes of subsection (8) if— a provision for the consent would be wi
- constituent council
means— (a) in relation to a combined authority— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority;
- councillor
means a member of— (a) a local authority, (b) a county council for an area for which there are district councils, or (c) a parish council;
- county matter
has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)), • “planning area” means— (a) the area of— (i) a district council (including a metropolitan district council), (ii) a London borough council, or (iii) a county council in England for an area for which there is no district council, but only so far as that area is neither in a National Park nor in the Broads, (b) a National Park, (c) the Broads, (d) the English inshore region, or (e) the English offshore region, and • “two-tier area” means an area— (a) for which there is a county council and a district council, but (b) which is not in a National Park. 6 The engagement requir
- county-council-elections year
means 2013 and every fourth year afterwards.”
- Court of Justice
means the Court of Justice of the European Union;
- demotion order
means a demotion order under section 82A of the Housing Act 1985;
- designated person
means— a a member of the House of Commons, b a member of the local housing authority for the district in which the property concerned is located, or c a designated tenant panel (see paragraph 7C(1)) for the social landlord. 4 Before making a referral under sub-paragraph (1), a designated person must obtain written consent from the complainant or the complainant's representative. 5 Sub-paragraphs (6) and (7) apply if under sub-paragraph (1) a designated person refers a complaint to a housing ombudsman. 6 If the ombudsman decides— a not to investigate the complaint, or b to discontinue investigation of the complaint, the ombudsman must prepare a statement of reasons for tha
- designated tenant panel
means a group of tenants which is recognised by a social landlord for the purpose of referring complaints against the social landlord. 2 There may be more than one designated tenant panel for a social landlord. 3 Where a social landlord becomes a member of an approved scheme, the social landlord must give to the person administering the scheme contact details for any designated tenant panel for the social landlord. 4 Where a group becomes a designated tenant panel for a social landlord, the social landlord must, as respects each approved scheme of which the social landlord is a member, give to the person administering the scheme contact details for the panel. 5 Wher
- develop
includes redevelop (and “development” includes redevelopment);
- developer
means a person who is wholly or partly responsible for carrying out a development.
- development
includes redevelopment);
- display structure
means (subject to subsection (14))— a a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;
- domestic premises
means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
- dwelling-house
has the same meaning as in Part 1 of the Housing Act 1988;”;
- education functions
has the meaning given by section 579(1) of the Education Act 1996. 11 1 A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee. 2 Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority. 3 A scheme for the purposes of this paragraph may include— a provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and b provision for giving effect to any maximum or minimum established under paragraph (a). 4 The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme. 5 In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority. 12 1 The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11. 2 Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“v
- elected mayor
has the meaning given by section 9H or 39 of the Local Government Act 2000;
- electoral area
means any electoral division or ward or (in the case of a parish for which there are no wards) the parish.
- eligible transferee
means—
- eligible transferor
means—
- enactment
includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
- English National Park authority
means a National Park authority for a National Park in England;
- EPB
means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
- examiner
means examiner under section 212.”
- excluded matter
means any matter which is— a a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or b a matter of any description specified in an order made by the Secretary of State for the purposes of this section. 9FD 1 This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c). 2 In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to— a any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and b any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter. 3 If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of— a its decision, and b the rea
- executive arrangements
means arrangements by a local authority— (a) for and in connection with the creation and operation of an executive of the authority, and (b) under which certain functions of the authority are the responsibility of the executive;
- executive leader
has the meaning given by section 9C(3)(a), • “first preference vote” has the meaning given by section 9HC, • “leader and cabinet executive (England)” has the meaning given by section 9C(3), • “local authority” means a county council in England, a district council or a London borough council, • “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972, • “mayor and cabinet executive” has the meaning given by section 9C(2), • “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority, • “the political balance requirements” means the provisions made by or under sec
- 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 9F(2)(f) (national health service functions), 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, and • “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section. 9 In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee. 9FH 1 This section applies to a local authority that operates executive arrangements and that is a lead local flood authority. 2 The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area. 3 A risk management authority must comply with a request made by an overview
- final notice
means a notice under section 56;
- financial year
means the period of 12 months ending with 31 March in any year.
- first preference vote
has the meaning given by section 9HC, • “leader and cabinet executive (England)” has the meaning given by section 9C(3), • “local authority” means a county council in England, a district council or a London borough council, • “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972, • “mayor and cabinet executive” has the meaning given by section 9C(2), • “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority, • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and H
- flat
means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;
- flexible tenancy
has the meaning given by section 107A of that Act,
- free
means free of charge.
- function
means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act. 9DA 1 Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements. 2 Any function which is the responsibility of an executive of a local authority under executive arrangements— a is to be regarded as exercisable by the executive on behalf of the authority, and b may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive. 3 Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements— a may not be discharged by the authority, b is not to be a function
- functional body
has the meaning given by section 424(1) of the Greater London Authority Act 1999;
- future periodic payments
means periodic payments due from the United Kingdom other than—
- health service body
means— a a National Health Service trust, b an NHS foundation trust, or c a Primary Care Trust. 7 Subsections (2) and (3) are subject to section 9FG (confidential and exempt information). 8 In this section— • “the authority”, in relation to a relevant committee, means— (a) in the case of an overview and scrutiny committee, the local authority by which it is established, and (b) in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established, • “the executive”, in relation to a relevant committee, means the executive of the authority, • “non-unitary district council committee” means— (a) an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or (b) a sub-committee of such a committee, • “relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee, • “relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Pa
- heat networks
has the meaning given by section 216 of the Energy Act 2023.
- housing
means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling;
- individual
means an individual with full capacity.
- infrastructure
means—
- initial review period
means the period of six months beginning with the day on which this section comes into force;
- inspector
means a person authorised in writing by the regulator to exercise the powers under this section for the purposes of an inspection under section 201.”
- joint committee
means a joint committee falling within section 101(5)(a) of the Local Government Act 1972, • “prescribed” means prescribed by regulations made by the Secretary of State. 9GB Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect. 9GC Neither— a a local authority executive, nor b a committee of a local authority executive, is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies. 9H 1 In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part. 2 An elected mayor is to be entitled to the style of “mayor”. 3 A reference in any enactment (whenever passed or made) to— a a member of a local authority, or b a councillor of a local authority, does not include a reference to an elected mayor of the authority. 4 But subsection (3) is subject to— a regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be trea
- land
includes— (a) part of a building, (b) part of any other structure, and (c) mines and minerals, whether or not held with the surface;
- leader and cabinet executive (England)
has the meaning given by section 9C(3), • “local authority” means a county council in England, a district council or a London borough council, • “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972, • “mayor and cabinet executive” has the meaning given by section 9C(2), • “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority, • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989, • “prescribed arrangements” has the meaning giv
- legislation
means— (a) an Act, or (b) a Measure or Act of the National Assembly for Wales;
- local authority
means— (a) a county council in England, (b) a district council, (c) a London borough council, (d) the Common Council of the City of London in its capacity as a local authority, (e) the Council of the Isles of Scilly, or (f) an eligible parish council;
- local finance consideration
means— (a) a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or (b) sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;
- local government elector
has the meaning given by section 270(1) of the Local Government Act 1972, • “mayor and cabinet executive” has the meaning given by section 9C(2), • “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority, • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989, • “prescribed arrangements” has the meaning give by section 9B, and • “second preference vote” has the meaning given by section 9HC. 2 In this Part “relevant election years”, in relation to a local authority, means the years specifie
- local housing authority
has the same meaning as in the Housing Act 1985.
- local planning authority
has the same meaning as it has in Part 2 (see section 37), but the Broads Authority are to be the only local planning authority for the Broads, • “neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act, • “prescribed” means prescribed by regulations made by the Secretary of State, and • “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act. 38B 1 A neighbourhood development plan— a must sp
- London council
means a London borough council or the Common Council of the City of London, and
- long lease
has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).”
- long tenancy
means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;”;
- low cost home ownership accommodation
has the meaning given by section 70 of the Housing and Regeneration Act 2008. 333ZI 1 The Authority may do in relation to any property, rights or liabilities, or any undertaking, to which this section applies anything that the Commission for the New Towns or (as the case may be) an urban development corporation could do in relation to the property, rights or liabilities or the undertaking. 2 This section applies to— a any property, rights or liabilities that— i have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and ii were transferred to the Homes and Communities Agency from the Commission for the New Towns by virtue of section 51 of and Schedule 6 to the Housing and Regeneration Act 2008, b an undertaking, or part of an undertaking, of an urban development corporation that has been or is to be transferred to the Authority by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980, c any property, rights or liabilities of an urban development corporation that have been or are to be transferred to the Authority by virt
- lower-tier district council
means a district council in England for an area for which there is a county council;
- mayor and cabinet executive
has the meaning given by section 9C(2), • “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority, • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989, • “prescribed arrangements” has the meaning give by section 9B, and • “second preference vote” has the meaning given by section 9HC. 2 In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority. 3 Any reference in
- mayoral CCA
has the same meaning as in Chapter 1 of Part 1 of the Levelling-up and Regeneration Act 2023 — see section 57 of that Act;
- mayoral combined authority
has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 120 of that Act;
- MDC
means a Mayoral development corporation (see section 198);
- member
includes former member and “staff” includes former staff.
- member of staff of the Greater London Authority
has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act).
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975.
- negotiation period
has the meaning given by section 86S(5);
- neighbourhood area
has the meaning given by sections 61G and 61I(1) of the principal Act, • “prescribed” means prescribed by regulations made by the Secretary of State, and • “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act. 38B 1 A neighbourhood development plan— a must specify the period for which it is to have effect, b may not include provision about development that is excluded development, and c may not relate to more than one neighbourh
- neighbourhood planning matters
means— a neighbourhood development orders;
- nominating community group
has the meaning given by section 86N(4);
- non-unitary district council committee
means— (a) an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or (b) a sub-committee of such a committee, • “relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee, • “relevant partner authority”, in relation to a relevant committee other than a non-unitary district council 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 chief officer of police, and • “relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means— (a) the county council for the county concerned, or (b) any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police. 9FG 1 This section applies to— a the publication under section 9FE of any document comprising
- open space
means any land which is— (a) laid out as a public garden, (b) used for the purposes of public recreation, or (c) a disused burial ground.
- overview and scrutiny committee
means— a in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and b in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act). 9B In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.”
- owner of land of community value
has the meaning given by section 86K(1);
- part-listed disposal
means a disposal of an estate in land—
- period for expressions of interest
has the meaning given by section 86P.
- permitted authority
means— (a) a county council in England, (b) (c) a district council, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or (d) a combined authority established under section 103 of that Act;
- planning area
means— (a) the area of— (i) a district council (including a metropolitan district council), (ii) a London borough council, or (iii) a county council in England for an area for which there is no district council, but only so far as that area is neither in a National Park nor in the Broads, (b) a National Park, (c) the Broads, (d) the English inshore region, or (e) the English offshore region, and • “two-tier area” means an area— (a) for which there is a county council and a district council, but (b) which is not in a National Park. 6 The engagement required of a person by subsection (2)(a) includes, in particular— a considering whether to consult on and prepare, and enter into
- planning enforcement order
means an order under section 171BA(1).”
- police grant report
means a police grant report approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996.”
- post-commencement limitation
means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— (a) is contained in an Act passed after the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or (b) is contained in an instrument made under an Act and comes into force on or after the commencement of section 88 of the English Devolution and Community Empowerment Act 2026;
- pre-commencement limitation
means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— (a) is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026;
- pre-commencement power
means power conferred by a statutory provision that— (a) is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section 21 of the English Devolution and Community Empowerment Act 2026.
- predecessor
means a person from whom property, rights or liabilities may be transferred by a scheme under section 190(1) or 191(2);
- preferred community buyer
has the meaning given by section 86N;
- premises
means building, wall, fence or other structure or erection, or apparatus or plant;
- prescribed
means prescribed by regulations made by the Secretary of State, and • “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act. 38B 1 A neighbourhood development plan— a must specify the period for which it is to have effect, b may not include provision about development that is excluded development, and c may not relate to more than one neighbourhood area. 2 Only one neighbourhood development plan may be made for each neighbourhood area. 3
- prescribed arrangements
means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA. 9BA 1 The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions. 2 In particular, the regulations— a must include provision about how, and by whom, the functions of a local authority are to be discharged, and b may include provision enabling functions to be delegated. 3 Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part. 4 In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5). 5 A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met. 6 The conditions are— a that the operation by the authority of the proposed arrangem
- procedure
includes quorum.
- Progress requirements
means such requirements relating to each review period as are specified in regulations made by the Secretary of State for that purpose.
- protected tenancy
has the same meaning as in the Rent Act 1977;
- provide
includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
- provides social housing
has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.”
- public authority
means a public body or a Minister of the Crown or other holder of a public office;
- public authority with mixed functions
has the meaning given by section 51(7);
- public body
means— (a) a person which is a public body for the purposes of section 66 of the Finance Act 2003 (stamp duty land tax: transfers involving public bodies), or (b) a person prescribed for the purposes of this Part of this Schedule by order made by the Treasury, • “relevant transfer” means— (a) a transfer, in accordance with a transfer scheme under section 190, to a taxable public body of property, rights or liabilities of the Homes and Communities Agency, or (b) a transfer, in accordance with a transfer scheme under section 191, to a taxable public body, • “taxable public body” means a public body which is within the charge to corporation tax, • “transferee”, in relation to a transfer in accordance with a transfer scheme under section 190 or 191, means the person to whom the transfer is made, and • “transferor”— (a) means the Homes and Communities Agency in relation to a transfer, in accordance with a transfer scheme under section 190, of property, rights or liabilities of that Agency, and (b) means the London Development Agency in relation to a transfer in accordance with a transfer scheme under section 191.
- public function
means a function of a public authority that does not consist of a power to make regulations or other instruments of a legislative character.
- public sewer or drain
includes one owned by certain public bodies) after “an urban development corporation” insert “, a Mayoral development corporation ”.
- qualifying body
means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act. 38B 1 A neighbourhood development plan— a must specify the period for which it is to have effect, b may not include provision about development that is excluded development, and c may not relate to more than one neighbourhood area. 2 Only one neighbourhood development plan may be made for each neighbourhood area. 3 If to any extent a policy set out in a neighbourhood development plan conflicts wi
- qualifying request
means a written request, for a direction under subsection (4) or (4B), that— (a) specifies the development to which it relates, and (b) explains why the conditions in subsection (1)(b) and (c) are met in relation to the development;
- relevant application
means an application, relating to the development, for a consent or authorisation mentioned in section 33(1) or (2);
- relevant authority
means—
- relevant body
means— a a parish council, or b an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area). 3 The specified area— a in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and b in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council. 4 In determining an application the authority must have regard to— a the desirability of designating the whole of the area of a parish council as a neighbourhood area, and b the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas. 5 If— a a valid application is made to the authority, b some or all of the specified area has not been designated as a neighbourhood area, and c the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area, the authority must exercise their power of desi
- relevant claim
means— a a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);
- relevant committee
means an overview and scrutiny committee or a sub-committee of such a committee, • “relevant partner authority”, in relation to a relevant committee other than a non-unitary district council 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 chief officer of police, and • “relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means— (a) the county council for the county concerned, or (b) any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police. 9FG 1 This section applies to— a the publication under section 9FE of any document comprising— i a report or recommendations of an overview and scrutiny committee, or ii a response of a local authority to any such report or recommendations, and b the provision of a copy of such a document— i to a member of a lo
- relevant consent
means a consent of the Mayor required under this Chapter.
- relevant estate in land
means the estate or estates identified in the notice given under section 86M(1) (see section 86M(2)).
- relevant executive
means an executive of a local authority under either this Part or Part 1A;
- relevant fire and rescue authority
means a fire and rescue authority that is— a a metropolitan county fire and rescue authority, b the London Fire and Emergency Planning Authority, c constituted by a scheme under section 2, or d constituted by a scheme to which section 4 applies. 5B 1 Section 5A(1) does not enable a relevant fire and rescue authority to do— a anything which the authority is unable to do by virtue of a pre-commencement limitation, or b anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply— i to its power under section 5A(1), ii to all of the authority's powers, or iii to all of the authority's powers but with exceptions that do not include its power under section 5A(1). 2 If exercise of a pre-commencement power of a relevant fire and rescue authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on the authority by section 5A(1) so far as it is overlapped by the pre-commencement power. 3 Where under section 5A(1) a relevant fire and rescue authority does things for a commercial purpose, it must do them through— a a company within the meaning given by secti
- relevant local authority
has the meaning given by section 86C;
- relevant order
means— (a) an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour), (b) an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour), (c) an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords), (d) an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998,...
- relevant social housing tenancy
means— a a flexible tenancy, or b an assured tenancy of a dwelling-house in England granted by a private registered provider of social housing, other than a long tenancy or a shared ownership lease;”;
- relevant tax
means corporation tax, income tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and • “tax provision” means a provision of an enactment about a relevant tax.
- relevant trading profits or losses
means profits or losses under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.
- relevant transfer
means— (a) a transfer, in accordance with a transfer scheme under section 190, to a taxable public body of property, rights or liabilities of the Homes and Communities Agency, or (b) a transfer, in accordance with a transfer scheme under section 191, to a taxable public body, • “taxable public body” means a public body which is within the charge to corporation tax, • “transferee”, in relation to a transfer in accordance with a transfer scheme under section 190 or 191, means the person to whom the transfer is made, and • “transferor”— (a) means the Homes and Communities Agency in relation to a transfer, in accordance with a transfer scheme under section 190, of property, rights or liabilities of that Agency, and (b) means the London Development Agency in relation to a transfer in accordance with a transfer scheme under section 191.
- representations
includes evidence.”
- review date
means the end of the period of five years beginning with— (a) for the purposes of calculating the first review date, the end of the initial review period;
- review period
means the 16 week review period, the 6 month review period or the 12 month review period.
- riot-related possession order
means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988. •................................
- second preference vote
has the meaning given by section 9HC. 2 In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority. 3 Any reference in this Part to the chairman of a local authority— a is a reference to that person whether or not the person is entitled to another style, and b in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough. 4 Any reference in this Part to the vice-chairman of a local authority—
- secure tenancy
has the meaning given by section 79 of the Housing Act 1985,
- senior executive member
means— (a) in the case of a mayor and cabinet executive, the elected mayor;
- shared ownership lease
means a lease of a dwelling-house— (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or (b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.”
- sitting day
means a day on which the House of Commons sits.”
- social housing
has the same meaning as in Part 2 of the Housing and Regeneration Act 2008). 5B In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).”
- social interests
includes (in particular) each of the following— (a) cultural interests;
- specified
means specified in regulations under this section. 9EB 1 The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements. 2 The provision which may be made under subsection (1) includes, in particular, provision— a as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority, b as to the circumstances in which— i the authority, and ii the executive or a committee or specified member of the executive, are both to be parties to the arrangements, c as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive, d as to the circumstances in which any fu
- specified activity
means an activity specified in an order made by the Secretary of State with the consent of the Treasury.”
- specified person
means a person specified in, or of a description specified in, a development order. 6 Subsection (1) does not apply— a if the proposed application is an application under section 293A, or b in cases specified in a development order. 7 A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice. 61X 1 Subsection (2) applies where a person— a has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and b proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application). 2 The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received. 61Y 1 A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission. 2 The provision that may be
- staff
includes former staff.
- statutory party
means a person specified in, or of a description specified in, regulations made by the Secretary of State.”
- statutory provision
means a provision of an Act or of an instrument made under an Act.
- strategic authority area
means— (a) in relation to the Mayor of London or a mayoral development area designated by that Mayor, Greater London;
- street
includes any highway, any bridge carrying a highway and any road, lane, mews, footway, square, court, alley or passage, whether a thoroughfare or not;
- structure
includes movable structure. 225B 1 A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates' court on any of the following grounds— a that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;
- subsidiary
has the meaning given by section 1159 of the Companies Act 2006.
- successor
means a person to whom property, rights or liabilities may be transferred by a scheme under section 190(1) or 191(2).
- tax provision
means a provision of an enactment about a relevant tax.
- taxable public body
means a public body which is within the charge to corporation tax, • “transferee”, in relation to a transfer in accordance with a transfer scheme under section 190 or 191, means the person to whom the transfer is made, and • “transferor”— (a) means the Homes and Communities Agency in relation to a transfer, in accordance with a transfer scheme under section 190, of property, rights or liabilities of that Agency, and (b) means the London Development Agency in relation to a transfer in accordance with a transfer scheme under section 191.
- the 1965 Act
means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;
- the 30-day period
means the 30 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2). 5H 1 For the purposes of this Part, “the negative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows. 2 The Welsh Ministers may make an order in the terms of the draft order subject to the following provisions of this section. 3 The Welsh Ministers may not make an order in the terms of the draft order if the National Assembly for Wales so resolves within the 40-day period. 4 A committee of the National Assembly for Wales charged with reporting on the draft order may,
- the 40-day period
means the 40 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2). 8 For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected. 5J 1 For the purposes of this Part, “the affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) i
- the 60-day period
means the 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2). 5L In calculating any period of days for the purposes of sections 5G to 5K, no account is to be taken of any time during which the National Assembly for Wales is dissolved or during which the Assembly is in recess for more than four days.”
- the abolition date
means the date on which paragraphs 17 and 53 (repeal of section 57 of and Schedule 4 to the Local Government Act 2000) come fully into force;
- the abolition provisions
means section 128, Schedule 13 and Part 20 of Schedule 25.
- the appropriate report or determination
means— a in the case of an item specified in paragraph (a) or (b) of subsection (4D) above, the local government finance report for the financial year in question, b in the case of the item specified in paragraph (c) of that subsection, the determination under section 100 below for the financial year in question, and c in the case of the item specified in paragraph (d) of that subsection, the report under section 85 of the Local Government Finance Act 1988 relating to that item.”
- the Board
has the meaning given by paragraph 57(1);
- the Broads
has the same meaning as in the Norfolk and Suffolk Broads Act 1988. 18 1 Where the local planning authority have issued a certificate under section 17 in respect of an interest in land— a the person for the time being entitled to that interest, or b any authority possessing compulsory purchase powers by whom that interest is proposed to be, or is, acquired, may appeal to the Upper Tribunal against that certificate. 2 On any appeal under this section against a certificate, the Upper Tribunal— a must consider the matters to which the certificate relates as if the application for a certificate under section 17 had been made to the Upper Tribunal in the first place, and b must— i co
- the drafting requirements
means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule. 7 The examiner must consider whether the drafting requirements have been complied with and— a make recommendations in accordance with section 212A, and b give reasons for the recommendations.”
- the general power
means the power conferred by section 1(1);
- the HCA
means the Homes and Communities Agency, and • “the LDA” means the London Development Agency.
- the land
means the land to which the application relates or any part of that land.”
- the launch date
means whichever of the following dates applies— a if the acquisition is authorised by a compulsory purchase order, the date of first publication of the notice required under section 11 of the Acquisition of Land Act 1981 or (as the case may be) paragraph 2 of Schedule 1 to that Act, b if the acquisition is authorised by any other order— i the date of first publication, or ii the date of service, of the first notice that, in connection with the acquisition, is published or served in accordance with any provision of or made under any Act, or c if the acquisition is authorised by a special enactment other than an order, the date of first publication of the first notice that, in connection with the acquisition, is published in accordance with any Standing Order of either House of Parliament relating to private bills;
- the LDA
means the London Development Agency.
- the Mayor
means— (a) the Mayor of London, (b) the mayor for the area of a combined authority, or (c) the mayor for the area of a CCA;
- the Office
means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted;
- the panel
means the panel established under section 53 to deal with the EU financial sanction to which the notice relates.
- the political balance requirements
means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989, • “prescribed arrangements” has the meaning give by section 9B, and • “second preference vote” has the meaning given by section 9HC. 2 In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority. 3 Any reference in this Part to the chairman of a local authority— a is a reference to that person whether or not the person is entitled to another style, and b in the case of a London borough, is a reference to the person
- 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 primary deadline
means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;
- the Regulator
has the meaning given by section 333ZF(1);
- the Regulator of Social Housing
means the HCA. 92B 1 The HCA must establish a committee to be known as the Regulation Committee. 2 The functions conferred on the HCA as the regulator by virtue of this Part, or as the Regulator of Social Housing by virtue of any other enactment or instrument, are exercisable by the HCA acting through the Regulation Committee. 3 Those functions are not exercisable by the HCA in any other way. 4 Subsections (2) and (3) are subject to any express provision to the contrary in this Part or in the enactment or instrument in question. 5 References in this Part to the functions of the regulator are to the functions mentioned in subsection (2). 6 References in any enactment or instrument to the social housing functions of the HCA or the Regulator of Social Housing are to the functions mentioned in subsection (2). 92C 1 The Regulation Committee is to consist of— a a person appointed by the Secretary of State to chair the Committee (“the chair”), and b not less than four and not more than six other members appointed by the Secretary of State. 2 The chair of the Committee must not be a member of the HCA immediately prior to the chair's appointment as such, bu
- the transfer date
means the date on which paragraph 63 comes into force.
- total amount of the sanction
means the sum of the following— and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.
- trading stock
has the meaning given by section 163 of CTA 2009.
- transfer scheme
means a scheme under section 197(2D), 200(1) or (4) or 216(1);
- two-tier area
means an area— (a) for which there is a county council and a district council, but (b) which is not in a National Park. 6 The engagement required of a person by subsection (2)(a) includes, in particular— a considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and b if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents. 7 A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with. 8 A person, o
- unauthorised advertisement
means an advertisement in respect of which an offence— (a) under section 224(3), or (b) under section 132 of the Highways Act 1980 (unauthorised marks on highway), is committed after the coming into force of this section. 225D 1 A person on whom notice has been served under section 225C(2) may appeal to a magistrates' court on any of the following grounds— a that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;