UKPGA-1992-19 — Local Government Act 1992

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Citizen’s Charter Provisions

s. 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 1A — Permitted methods of publishing information.

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s. 2 — Directions under s. 1.

s. 2(1)

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

s. 2(1)(a)

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

s. 2(1)(b)

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

s. 2(1)(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.

s. 2(2)

A direction under section 1 above—

s. 2(2)(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

s. 2(2)(b)

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

s. 2(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.

s. 2(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.

s. 2(5)

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

s. 2(5)(a)

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

s. 2(5)(b)

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

s. 2(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—

s. 2(6)(a)

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

s. 2(6)(b)

any subsequent extension of, or addition to, either—

s. 2(6)(b)(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

s. 2(6)(b)(ii)

the activities to which any such information is to relate.

s. 3 — Functions of auditor and studies by the Commissions.

s. 3(1)

In section 15(1) of the 1982 Act (duties of auditors), at the end of paragraph (c) there shall be inserted

s. 3(2)

In section 99 of the 1973 Act (which makes corresponding provision for Scotland), at the end of paragraph (c) there shall be inserted

s. 3(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—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.

s. 3(3)(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

s. 3(3)(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;

s. 4 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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s. 6 — Publicity requirements for meetings under s. 5.

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s. 7 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 8 — Application of competitive tendering to professional services etc.

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s. 9 — Power to define conduct as competitive or anti-competitive.

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s. 10 — Publicity for tender specifications.

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s. 11 — Amendments of competition provisions.

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Part II

Local Government Changes for England

s. 12 — The Local Government Commission for England.

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s. 13 — Reviews and Recommendations

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s. 14 — Changes that may be recommended.

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s. 14A — Requests for single-member electoral areas

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s. 14B — Provision supplementary to section 14A

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s. 15 — Procedure on a review.

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s. 15A — Alternative procedure on a review

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s. 16 — Consultation with the Audit Commission.

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s. 17 — Implementation of recommendations by order.

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s. 18 — Consequences of structural changes etc.

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s. 19 — Regulations for supplementing orders.

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s. 20 — Agreements as to incidental matters.

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s. 21 — Joint authorities.

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s. 22 — Residuary bodies.

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s. 23 — Staff commissions.

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s. 24 — Abolition of the Local Government Boundary Commission for England.

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s. 25 — Application of Part II to the Isles of Scilly.

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s. 26 — Orders, regulations and directions under Part II.

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s. 27 — Amendments relating to local government changes.

s. 27(1)

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

s. 27(2)

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s. 27(3)

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Part III

General

s. 28 — Interpretation.

s. 28(1)

In this Act, except where the context otherwise requires—“the 1972 Act” means the Local Government Act 1972;“the 1973 Act” means the Local Government (Scotland) Act 1973;“the 1980 Act” means the Local Government, Planning and Land Act 1980;“the 1982 Act” means the Local Government Finance Act 1982;“the 1988 Act” means the Local Government Act 1988;“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;“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;...“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 National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;“staff” includes officers and employees.

s. 28(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).

s. 28(3)

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s. 29 — Consequential amendment, repeals and saving.

s. 29(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.

s. 29(2)

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

s. 29(3)

Without prejudice to sections 16 and 17 of the Interpretation 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.

s. 30 — Short title, commencement and extent.

s. 30(1)

This Act may be cited as the Local Government Act 1992.

s. 30(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.

s. 30(3)

The following provisions of this Act, that is to say—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.

s. 30(3)(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

s. 30(3)(b)

section 24, Schedule 3 and Part II of Schedule 4,

s. 30(4)

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

s. 30(4)(a)

sections 4 and 7;

s. 30(4)(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

s. 30(4)(c)

Part II of Schedule 4, apart from so much of that Part as makes a repeal in the House of Commons Disqualification Act 1975.

s. 30(5)

Except for the purposes of—this Act does not extend to Northern Ireland.

s. 30(5)(a)

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

s. 30(5)(b)

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

Sch 1

Amendments of Competition Provisions

Sch 1 para 1

In section 7(1B) of the 1980 Act (no failure to fulfil competition condition unless local authority are aware of failure when they propose to enter into contract), for the words from “unless” to “aware” there shall be substituted the words“ unless the local authority have become aware, before entering into the contract, ”.

Sch 1 para 2

Sch 1 para 2(1)

In subsection (2) of section 9 of the 1980 Act (obligation to prepare written statement as to the amounts that will be credited to an authority’s DLO revenue account in respect of certain work), after the word “first” there shall be inserted the words“ , in accordance with such requirements (if any) as may be contained in regulations made by the Secretary of State, ”.

Sch 1 para 2(2)

In subsection (4)(a) of that section (obligation to invite offers to undertake work in accordance with specified conditions), for the words “conditions specified by them” there shall be substituted the words“ a detailed specification prepared for the purposes of the invitation ”.

Sch 1 para 2(3)

In subsection (6) of that section (statement under subsection (2) to be consistent with conditions specified for the purposes of subsection (4)(a)), for the words “conditions corresponding to those specified in” there shall be substituted the words“ the requirements of the specification prepared for the purposes of ”.

Sch 1 para 3

In section 13(2) of the 1980 Act (documents to be prepared by every local authority or development body who undertake construction or maintenance work), for paragraph (c) (statement of rate of return) there shall be substituted the following paragraph—

Sch 1 para 4

Sch 1 para 4(1)

In subsection (1) of section 16 of the 1980 Act (obligation to secure that revenue from certain work shows such positive rate of return as the Secretary of State may direct), for the words from “their revenue” to the end of the subsection there shall be substituted the words“ such financial objective as the Secretary of State may specify for that year is met by their revenue (as adjusted in such manner as he may so specify) for all the work of that description which is carried out in that year. ”

Sch 1 para 4(2)

After that subsection there shall be inserted the following subsection—

Sch 1 para 5

In section 18(2B) of the 1980 Act (auditor’s obligation to consider statement of rate of return), for the words “statement of rate of return” there shall be substituted the words“ statement referred to in section 13(2)(c) above ”.

Sch 1 para 6

In section 19A(1) of the 1980 Act (conditions of enforcement)—

Sch 1 para 6(a)

after the word “work”, in the first place where it occurs, there shall be inserted the words“ , or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be ”; and

Sch 1 para 6(b)

in paragraph (a), for the words “they have entered into” there shall be substituted the words“ into which that authority have entered ”.

Sch 1 para 7

Sch 1 para 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—

Sch 1 para 7(2)

In subsection (6) of that section (power to give direction to be exercised in writing), at the end there shall be inserted the words“ and, without prejudice to subsection (4) above, shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority or body to which the direction relates. ”

Sch 1 para 8

In section 20(2) of the 1980 Act (exclusion from references to construction and maintenance work of routine maintenance of specific building etc. by person employed for the purpose), for the words from “employed” in paragraph (b) to the end of the subsection there shall be substituted the words

Sch 1 para 9

In section 23(1) of the 1980 Act (power to make different provision for different parts of Great Britain), after the word “Act” there shall be inserted the words“ and the power under section 16(1) above to specify a financial objective for local authorities and development bodies, ”.

Sch 1 para 10

In section 2(3) of the 1988 Act (power to add a paragraph to the list of defined activities), at the end there shall be inserted the words“ or by modifying any provision of Schedule 1 to this Act which for the time being excludes anything from the activities falling within any of those paragraphs. ”

Sch 1 para 11

In subsection (6) of section 4 of the 1988 Act (no failure to fulfil conditions of entering into works contract unless bidding authority are aware of failure when they propose to enter into contract), for the words from “unless” to the end of the subsection there shall be substituted the words“ unless the bidding authority have become aware of the failure before entering into the contract. ”

Sch 1 para 12

In section 6(3) of the 1988 Act (application confined to work specified in regulations), at the end there shall be inserted the words“ and regulations under this section may describe work by reference to a specified proportion of work of a particular description. ”

Sch 1 para 13

In section 13(1) of the 1988 Act (conditions of enforcement), for paragraph (b) there shall be substituted the following paragraphs—.

Sch 1 para 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—

Sch 2

The Local Government Commission for England

Sch 2 para 1

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Sch 2 para 2

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Sch 2 para 3

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Sch 2 para 4

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Sch 2 para 5

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Sch 2 para 6

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Sch 2 para 7

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Sch 2 para 8

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Sch 2 para 9

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Sch 2 para 10

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Sch 2 para 11

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Sch 2 para 12

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Sch 3

Amendments consequential on Part II

Sch 3 para 1

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

Sch 3 para 1(a)

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

Sch 3 para 1(b)

after that subsection there shall be inserted the following subsection—

Sch 3 para 2

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

Sch 3 para 2(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 ”;

Sch 3 para 2(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

Sch 3 para 2(c)

for the words from “as if” onwards there shall be substituted the words

Sch 3 para 3

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Sch 3 para 4

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Sch 3 para 5

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Sch 3 para 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 ”.

Sch 3 para 7

Sch 3 para 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 ”.

Sch 3 para 7(2)

In subsection (7) of that section—

Sch 3 para 7(2)(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

Sch 3 para 7(2)(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 ”.

Sch 3 para 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 ”.

Sch 3 para 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 ”.

Sch 3 para 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 ”.

Sch 3 para 11

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Sch 3 para 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 ”.

Sch 3 para 13

Sch 3 para 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 ”.

Sch 3 para 13(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 ”.

Sch 3 para 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 ”.

Sch 3 para 15

Sch 3 para 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 ”.

Sch 3 para 15(2)

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

Sch 3 para 16

Sch 3 para 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 ”.

Sch 3 para 16(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 ”.

Sch 3 para 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 ”.

Sch 3 para 18

Sch 3 para 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) ”.

Sch 3 para 18(2)

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

Sch 3 para 19

Sch 3 para 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 ”.

Sch 3 para 19(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 ”.

Sch 3 para 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 ”.

Sch 3 para 21

In Schedule 1 to the Interpretation Act 1978, in the definition of “London borough” after the words “the Local Government Act 1972” there shall be inserted the words “ or Part II of the Local Government Act 1992 ”.

Sch 3 para 22

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Sch 4

Repeals

Sch 4

Repeals relating to Part I

Sch 4

Repeals relating to Part II

s. 1 — Publication of information as to standards of performance.

s. 1(1)

The Audit Commission and the Scottish Accounts Commission shall each give such directions as it thinks fit for requiring relevant bodies to publish such information relating to their activities in any financial year or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the direction as will, in that Commission’s opinion—

s. 1(1)(a)

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

s. 1(1)(a)(i)

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

s. 1(1)(a)(ii)

the standards of performance achieved by such bodies in different financial years or, as the case may be, other periods.

s. 1(1)(b)

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

s. 1(2)

Where a relevant body are required by a direction under this section to publish information in relation to any financial year or other period, it shall be the duty of that body—

s. 1(2)(a)

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

s. 1(2)(b)

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

s. 1(2)(c)

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

s. 1(3)

The Secretary of State may by order made by statutory instrument vary the period for the time being specified in paragraph (b) of subsection (2) above so as to fix the latest time for the publication of information in accordance with that paragraph at any such time, within the period of nine months after the end of the financial year in question, as may be specified in the order; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 1(4)

An interested person shall be entitled—

s. 1(4)(a)

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

s. 1(4)(b)

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

s. 1(5)

Any person having custody of any document kept available for inspection under subsection (2)(c) above who—shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

s. 1(5)(a)

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

s. 1(5)(b)

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

s. 1(6)

References in this section to an interested person, in relation to any document which is required to be kept available by a relevant body in England and Wales, are references to any local government elector (within the meaning of the 1972 Act) for the area of that body.

s. 1(7)

References in this section and sections 2 and 3 below to a relevant body are references—

s. 1(7)(a)

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

s. 1(7)(b)

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

s. 1(8)

Subject to section 4 below, the bodies with which the Audit Commission is concerned which shall not be relevant bodies for the purposes of this section and sections 2 to 3 below are—

s. 1(8)(a)

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

s. 1(8)(b)

charter trustees constituted under section 246 of the 1972 Act;

s. 1(8)(c)

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

s. 1(8)(d)

port health authorities;

s. 1(8)(e)

licensing planning committees;

s. 1(8)(f)

internal drainage boards;

s. 1(8)(g)

probation committees; and

s. 1(8)(h)

Passenger Transport Executives.

UKPGA-1992-19 Local Government Act 1992 UK

Performance standards of local authorities etc.

Auditors’ reports and recommendations

Publication of information by the Audit Commission

Competition

The Local Government Commission

Functions of the Local Government Commission

Implementation of recommendations

Supplemental provisions of Part II

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

The Local Government Act 1988 (c. 9)

Membership

Remuneration, pensions et ceteralaetc.

Staff

Incidental powers

Proceedings

Delegation of powers

Members’ interests

Application of seal and proof of instruments

Finances of the Commission

Accounts

The Parliamentary Commissioner

House of Commons disqualification

The Fire Services Act 1947 (c. 41)

The Police Act 1964 (c. 48)

The Local Government Act 1972 (c.70)

The Interpretation Act 1978 (c. 30)

The Banking Act 1987 (c. 22)