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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012237.html

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STATUTORY INSTRUMENTS

2001 No. 2237

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001

  Made 19th June 2001 
  Laid before Parliament 20th June 2001 
  Coming into force 11th July 2001 

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by sections 47 and 105 of the Local Government Act 2000[1], and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement, application and interpretation
     1.  - (1) This Order may be cited as the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 and shall come into force on 11th July 2001.

    (2) This Order applies to England only[2].

    (3) In this Order - 

Modification of Acts
     2. The following enactments, in their application to England, are modified in accordance with articles 3 to 44 - 

Restriction on promotion of Bills for changing local government areas, etc.
     3. In section 70 of the 1972 Act[31] (restriction on promotion of bills for changing local government areas, etc.), at the end there shall be added - 

Qualifications for election and holding office as elected mayor
     4. In section 79 of the 1972 Act[32] (qualifications for election and holding office as member of local authority), in subsection (1), after "member of a local authority", there shall be inserted ", or be qualified to be elected and to be an elected mayor,".

Disqualifications for election and holding office as elected mayor
     5. In section 80 of the 1972 Act[33] (disqualifications for election and holding office as member of local authority), in subsection (1) - 

Validity of acts done by unqualified persons
     6. In section 82 of the 1972 Act[34] (validity of acts done by unqualified persons), in subsection (1), after "the Local Government Act 1985", there shall be inserted "or elected as elected mayor or executive leader".

Vacation of office by failure to attend meetings
     7. In section 85 of the 1972 Act[35] (vacation of office by failure to attend meetings) - 

Members of local authorities not to be appointed as officers
     8. In section 116 of the 1972 Act[36] (members of local authorities not to be appointed as officers) - 

General provisions as to interpretation
     9. In subsection (1) of section 270 of the 1972 Act[37] (general provisions as to interpretation), after "that is to say - ", there shall be inserted - 

Consideration of adverse reports
     10.  - (1) In section 31A of the Local Government Act 1974[38] (consideration of adverse reports) - 

    (2) In subsection (1) of section 34 of the Local Government Act 1974 (interpretation of Part III), after the definition of "the Commissions" there shall be inserted - 

Evidence of resolutions and minutes of proceedings etc.
     11.  - (1) In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) - 

    (2) In subsection (1) of section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation etc. of Part I), there shall be inserted after the definition of "the Common Council" - 

Disqualification
     12. In subsection (1) of section 35 of the Local Government Act 1985 (disqualification) - 

Disabilities of directors of public transport companies
     13. In section 74 of the Transport Act 1985 (disabilities of directors of public transport companies) - 

Working standards and testing and stamping equipment
     14. In section 5 of the Weights and Measures Act 1985 (working standards and testing and stamping equipment) in subsection (11), at the end of paragraph (c) there shall be inserted - 

Local authority publicity
     15. In section 6 of the Local Government Act 1986[42] (interpretation and application of Part II), after subsection (6), there shall be added - 

Disabilities of directors of public airport companies
     16. In section 18 of the Airports Act 1986 (disabilities of directors of public airport companies) - 

Authorisation of pilots
     17. In section 3 of the Pilotage Act 1987 (authorisation of pilots) - 

Public supply or works contracts
     18.  - (1) In section 19 of the Local Government Act 1988 (provisions supplementary to or consequential on section 17), in subsection (6), after "Local Government Act 1972", there shall be inserted ", regulations under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority)".

    (2) In Schedule 2 to the Local Government Act 1988[44] (public supply or works contracts: the public authorities), after "A local authority.", there shall be inserted "An executive of a local authority (within the meaning of Part II of the Local Government Act 2000).".

Financial administration - interpretation
     19. In section 111 of the 1988 Finance Act[45] (interpretation), after subsection (3), there shall be inserted - 

Functions of responsible officer as regards reports
     20.  - (1) In section 114 of the 1988 Finance Act[46] (functions of responsible officer as regards reports) - 

    (2) After section 114 of the 1988 Finance Act, there shall be inserted - 

Duties of executive as regards reports
     21.  - (1) After section 115A of the 1988 Finance Act[48], there shall be inserted - 

    (2) In section 116 of the 1988 Finance Act - 

Politically restricted posts
     22. In subsection (3)(a) of section 2 of the 1989 Act[49] (politically restricted posts), after "are represented", there shall be inserted - 

Designation and reports of monitoring officer
     23.  - (1) In section 5 of the 1989 Act[50] (designation and reports of monitoring officer) - 

    (2) After section 5 of the 1989 Act, there shall be inserted - 

Assistants for political groups
     24. In section 9 of the 1989 Act[52] (assistants for political groups) - 

Interpretation of Part I of the 1989 Act
     25. In section 21 of the 1989 Act[56] - 

Companies in which local authorities have interests
     26.  - (1) In subsection (5) of section 71 of the 1989 Act[57] (control of minority interests etc. in certain companies), after "or sub-committee thereof),", there shall be inserted - 

    (2) In subsection (4) of section 73 of the 1989 Act (authorities acting jointly and by committees), after "any of the authority's officers", there shall be inserted - 

Performance of sewerage undertaker's functions by local authorities etc.
     27. In section 97 of the Water Industry Act 1991 (performance of sewerage undertaker's functions by local authorities etc.) - 

Council tax and community charges: restrictions on voting
     28.  - (1) In section 106 of the Local Government Finance Act 1992 (council tax and community charges: restrictions on voting) - 

    (2) In section 116 of the Local Government Finance Act 1992 (interpretation: general), after the definition of "the Social Security Acts" there shall be inserted - 

Functions of local authorities
     29. In section 70 of the Deregulation and Contracting Out Act 1994[58] (functions of local authorities) - 

Right to time off for public duties
     30. In section 50 of the Employment Rights Act 1996 (right to time off for public duties),

Statements privileged subject to explanation or contradiction
     31. In Schedule 1 to the Defamation Act 1996 (statements privileged subject to explanation or contradiction) - 

Pupil referral units
     32. In Schedule 1 to the Education Act 1996 (pupil referral units) - 

Disqualification in certain cases of justices who are members of local authorities
     33. In subsection (1) of section 66 of the Justices of the Peace Act 1997 (disqualification in certain cases of justices who are members of local authorities) - 

Transfer or delegation of functions relating to student support
     34. In section 23 of the Teaching and Higher Education Act 1998[a] (transfer or delegation of functions relating to student support) - 

Disqualification from being the Mayor or an Assembly member
     35. In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member) - 

Delegation
     36. In section 38 of the Greater London Authority Act 1999 (delegation) - 

Delegation of Authority's functions
     37. In section 380 of the Greater London Authority Act 1999 (delegation of Authority's functions) - 

Power to order parent or guardian to pay fine, costs or compensation
     38. In section 137 of the Powers of Criminal Courts (Sentencing) Act 2000 (power to order parent or guardian to pay fine, costs or compensation) in subsection (8)(b), for "stand referred to their social services committees under" there shall be substituted "are social services functions within the meaning of".

Adoption panels
     39. In regulation 5 of the Adoption Agencies Regulations 1983[62] (establishment of adoption panel and appointment of members), after paragraph (6), there shall be added - 

Independent visitors
     40. In regulation 2 of the Definition of Independent Visitors (Children) Regulations 1991[64] (independent visitors), in sub-paragraph (i) of paragraph (a), after "elected or co-opted", there shall be inserted ", or a council manager of the local authority (within the meaning of section 11(4)(b) of the Local Government Act 2000 (local authority executives))".

Applications to court
     41. In regulation 8 of the Children (Secure Accommodation) Regulations 1991[65] (applications to court), after "Local Government Act 1972", there shall be inserted "or to provisions in or under sections 14 to 20 of the Local Government Act 2000".

Information from public bodies
     42. In regulation 4 of the Council Tax (Administration and Enforcement) Regulations 1992[66] (information from public bodies), in sub-paragraph (a) of paragraph (3), after "by a committee", there shall be inserted ", any executive (within the meaning of Part II of the Local Government Act 2000), a committee of any executive or a member of any executive,".

Special educational needs - approval of independent schools
     43. In regulation 2(1) of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994[67] (interpretation) - 

NHS bodies and local authorities partnership arrangements
     44. In regulation 10 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000[69] (supplementary) - 

Disability of members of authorities for voting on account of prejudicial interests
     45.  - (1) Where a local authority are operating either executive arrangements or alternative arrangements, the provisions in this article shall apply.

    (2) Subject to the provisions of paragraphs (5) and (6), a member of the local authority must regard himself as having a prejudicial interest in a matter if - 

    (3) Subject to paragraph (7), where a member regards himself as having a prejudicial interest in a matter in accordance with paragraph (2), he must - 

    (4) The proper officer of the authority shall record in a book to be kept for the purpose particulars of any disclosure made under paragraph (3)(a) and the book shall be open at all reasonable hours to the inspection of any member of the authority and, where the authority have a mayor and council manager executive, the council manager of the authority.

    (5) The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by paragraphs (2) and (3) in any case in which the number of members of the overview and scrutiny committee, or the sub-committee of such a committee, disabled by those paragraphs at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

    (6) The power of the Secretary of State under paragraph (5) includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, of the authority, of an overview and scrutiny committee, or of a sub-committee of such a committee, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.

    (7) Nothing in paragraph (3) precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by paragraphs (5) and (6) above.

    (8) In this article any reference to an overview and scrutiny committee shall include a reference to a committee of an authority operating alternative arrangements which is appointed to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of that authority.

    (9) The provisions in this article shall cease to have effect with respect to a local authority as soon as that local authority adopt a code of conduct within the meaning of Part III of the Local Government Act 2000 (conduct of local government members and employees).

Members of the executive
     46.  - (1) Where a member of an executive of a local authority ceases to be a councillor, in the case of a mayor and cabinet executive or leader and cabinet executive, he shall at the same time cease to be a member of the executive.

    (2) Where a councillor is appointed by an elected mayor as a member of a mayor and cabinet executive - 

    (3) Where a councillor is appointed by an executive leader as a member of a leader and cabinet executive - 

    (4) Where, under the executive arrangements of a leader and cabinet executive, the authority determine the number of councillors who may be appointed to the executive under section 11(3)(b) of the Local Government Act 2000[70], and the executive leader appoints the councillors to the executive, the executive leader shall - 

Mayor and cabinet executives
     47.  - (1) The provisions in this article apply in relation to executive arrangements by a local authority which involve a mayor and cabinet executive.

    (2) For the purposes of this article an elected mayor, deputy mayor or member of the executive is to be considered unable to act only if he is either suspended from office or is unfit to act on health grounds.

    (3) If for any reasons - 

that other member must act in the elected mayor's place.

    (4) Subject to paragraphs (5) and (6), if for any reason - 

the authority shall, as soon as reasonably practicable, appoint a councillor of the authority ("the interim mayor") to act in the place of the elected mayor and appoint at least two, but not more than nine, councillors of the authority ("the interim members") to act in the place of members of the executive appointed by the elected mayor.

    (5) The interim mayor and interim members shall not appoint councillors of the authority to the executive nor remove them from office.

    (6) For the purposes of section 11(8) of the Local Government Act 2000 (local authority executives), the interim mayor and interim members shall be treated as if they are not members of the executive.

    (7) Notwithstanding section 80 of the 1972 Act (disqualifications for election and holding office as a member of a local authority) or section 35 of the Local Government Act 1985 (disqualification), a person shall not be disqualified from being a member of a local authority or, as the case may be, a joint authority solely because he is an interim mayor or an interim member.

    (8) Where the interim mayor or an interim member ceases to be a councillor, he shall at the same time cease to be the interim mayor or, as the case may be, an interim member.

    (9) The authority may, if it thinks fit, remove the interim mayor or an interim member from office.

    (10) Any interim mayor and interim member, unless he resigns as interim mayor or, as the case may be, as interim member, ceases to be a councillor or is removed from office, shall hold office until - 

whichever occurs first.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Nick Raynsford
Minister of State, Department for Transport, Local Government and the Regions

19th June 2001


EXPLANATORY NOTE

(This note is not part of the Order)


This Order modifies primary and secondary legislation and makes other provisions for the purposes of, in consequence of, or for giving full effect to provisions in Part II of the Local Government Act 2000 ("the 2000 Act"). This Order and the modifications made by it apply to England only.

Articles 3 to 9 make modifications to the Local Government Act 1972. Article 3 prevents a local authority or joint authority from promoting a Bill to form, alter or abolish executive arrangements or alternative arrangements or to alter arrangements for electing a mayor. Articles 4 and 5 apply the qualifications and disqualifications for election and holding office as a member of a local authority to election and holding office as an elected mayor. Article 6 extends to elected mayors and executive leaders provisions for the validity of acts done by unqualified persons. Article 7 modifies the provisions for the vacation of office by failure to attend meetings so that they apply to members of the executive. Article 8 modifies the provisions for members of local authorities not to be appointed as officers so that a person who is a member of a leader and cabinet executive (who will also be a member of the authority) may be appointed to paid office during the twelve month period after he ceases to be such an executive member. Article 9 modifies the interpretation provision by inserting a definition of "alternative arrangements".

Article 10 modifies section 31A of the Local Government Act 1974 so that restrictions relating to consideration of a report from the Ombudsman apply equally to the executive, committees of the executive and members of the executive as they do to committees of and members of the authority.

Article 11 modifies section 41 of the Local Government (Miscellaneous Provisions) Act 1976 so that records of decisions made by the executive, members of the executive and committees of the executive can be used as evidence in civil proceedings in the same way as minutes of meetings of the council and its committees.

Article 12 modifies section 35 of the Local Government Act 1985 so that a member of a leader and cabinet executive is not disqualified from membership of a joint authority.

Article 13 modifies section 74 of the Transport Act 1974 so that a member of the executive who is also a director of a public transport company cannot take part in meetings of the executive or a committee of the executive or make a decision acting alone where contracts concerning that company are being considered.

Article 14 makes a consequential amendment to section 5 of the Weights and Measures Act 1985.

Article 15 modifies section 6 of the Local Government Act 1986 so that the local authority publicity provisions in part II of that Act do not apply where access to information provisions apply to local authority executives by virtue of section 22 of the Local Government Act 2000.

Article 16 modifies section 18 of the Airports Act 1986 so that a member of an executive who is also a director of a public airport company cannot take part in meetings of the executive, or a committee of an executive or make a decision alone where contracts or other matters concerning the airport company are being considered.

Article 17 modifies section 3 of the Pilotage Act 1987 so that a harbour pilot who is a member of the executive of an authority is not prevented from taking part in a collective decision where knowledge of pilotage is material.

Article 18 modifies the public supply or works contracts provisions in the Local Government Act 1988. Schedule 2 is modified so that a local authority executive is a public authority for the purposes of section 17 of that Act (exclusion of non-commercial considerations when exercising functions in relation to a public authority's public supply or works contracts). Section 19 is modified so that section 17 applies to another local authority, which is discharging functions on behalf of a local authority's executive, and to another local authority's executive, which is discharging functions on behalf of local authority or a local authority's executive.

Articles 19 to 21 modify the Local Government Finance Act 1988. Article 19 adds further definitions to the interpretation section. Article 20 modifies section 114 and inserts a new section 114A so that provisions for an authority's chief finance officer to make a report in cases of financial misconduct by a local authority are extended to a local authority's executive. Where a report has been made, the provisions in new section 115B (duties of executive as regards reports), inserted by article 21, apply, including a requirement for the executive to make a report after considering the chief finance officer's report. Section 116 is modified so that information about meetings of the executive under section 115B is sent to the authority's auditor.

Articles 22 to 26 modify the Local Government and Housing Act 1989. Article 22 modifies section 2 so that giving advice on a regular basis to an executive, executive committee or executive member is a duty of a post under a local authority for the purposes of that section. Article 24 modifies section 5 and inserts a new section 5A so that provisions for an authority's monitoring officer to make a report in cases of a contravention of law, maladministration or injustice by a local authority are extended to a local authority's executive. The executive must prepare a report after considering the monitoring officer's report. Article 23 extends the provisions relating to assistants for political groups so that a political assistant cannot discharge functions which are exercisable by or on behalf of a local authority's executive. Article 25 inserts further definitions in section 21 (interpretation of Part I). Article 26 modifies Part V (companies in which local authorities have interests) so that certain provisions which refer to members of an authority, or a committee or sub-committee of an authority, are extended to an executive, members of an executive or an executive committee, as appropriate.

Article 27 modifies section 97 of the Water Industry Act 1991 so that where a sewerage undertaker has arranged for certain sewerage functions to be exercised by a local authority then such functions are treated as functions of the local authority for the purposes of section 13 of the 2000 Act.

Article 28 modifies section 106 of the Local Government Finance Act 1992 so that an executive member who has not paid his council tax for at least two months shall not take part in executive decisions in respect of the council's budget, council tax or precept.

Article 29 modifies section 70 of the Deregulation and Contracting Out Act 1994 (functions of local authorities) so that it applies in relation to a local authority's executive.

Article 30 modifies section 50 of the Employment Rights Act 1996 so that employees have a right to time off work in order to undertake business as a member of a local authority executive.

Article 31 modifies Schedule 1 to the Defamation Act 1996 so that records of public meetings of the executive or committees of the executive and records of decisions made by individual members of an executive are classified as information which is privileged subject to explanation or contradiction in defamation proceedings.

Article 32 modifies Schedule 1 to the Education Act 1996 making consequential amendments to the Secretary of State's powers to make provision concerning management committees for pupil referral units.

Article 33 modifies section 66 of the Justices of the Peace Act 1997 so that a justice of the peace who is a member of a local authority cannot act as a member of a Crown Court or magistrates court in any proceedings concerning decisions made by the executive or by any person on behalf of the executive.

Article 34 modifies section 23 of the Teaching and Higher Education Act 1988 so that where the Secretary of State has arranged for certain functions relating to student support to be exercised by a local education authority then such functions are to be treated as functions of the authority for the purposes of section 13 of the 2000 Act.

Article 35 modifies section 21 of the Greater London Authority Act 1999 so that disqualifications from being elected or being the Mayor of London are maintained for officers acting under the direction of the executive, a committee of the executive or a member the executive.

Articles 36 and 37 modify sections 38 and 380 of the Greater London Authority Act 1999 so that where the Mayor of London has authorised a local authority to exercise functions on behalf of the Greater London Authority then such functions are to be treated as functions of the authority for the purposes of section 13 of the 2000 Act.

Article 38 modifies section 137 of the Power of Criminal Courts Act 2000 so that this section applies where a local authority is operating executive arrangements.

Article 39 modifies regulation 5 of the Adoption Agencies Regulations 1983 to provide that where a local authority operates executive arrangements and therefore has no social services committee from which to appoint a member to the adoption panel, the reference to the social services committee is to be treated as a reference to the authority's executive or an overview and scrutiny committee of the authority (where that committee's functions relate wholly or partly to the authority's social services functions).

Article 40 modifies the Definition of Independent Visitors (Children) Regulations 1991. A person appointed by a local authority as an independent visitor is regarded as independent of the authority appointing him where, for example, the person appointed is not connected with the local authority by virtue of being a member of the authority. The modification extends this provision so that a person is also connected with the local authority by virtue of being a council manager and therefore a council manager is not to be regarded as independent of the authority.

Regulation 8 of the Children (Secure Accommodation) Regulations 1991 provides that applications to a court under section 25 of the Children Act 1989 (c.41) (use of accommodation for restricting liberty) in respect of a child must be made only by the local authority which are looking after that child. This is subject to section 101 of the Local Government Act 1972. Article 41 of this Order makes the provision in regulation 8 also subject to provisions in or under sections 14 to 20 of the Local Government Act 2000.

Regulation 4 of the Council Tax (Administration and Enforcement) Regulations 1992 enable a billing authority to request certain information for the purpose of its functions under Part I of the Local Government Finance Act 1992. There are exceptions to the information that can be requested. These exceptions are modified by article 42 of this Order to include information that was obtained by an executive, or a committee or member of an executive, of a local authority in that local authority's capacity as a constituent council of a police authority.

Article 43 modifies the definition of "local authority" in the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 to reflect the fact that, where a local authority is operating executive arrangements, its executive has responsibility for exercising most of its social services functions.

Article 44 modifies the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 so that where a local authority in England has an executive, and a joint committee is formed under those Regulations, a local authority member appointed to the joint committee by the executive need not be a member of the executive.

Article 45 makes provision regarding prejudicial interests of a person, who is present at a meeting of an overview and scrutiny committee or sub-committee, where the matter considered at the meeting relates to action by another committee or sub-committee of which the person is a member.

Article 46 makes various provisions in relation to members of an executive who cease to be members of the local authority.

Article 47 makes provisions for an interim mayor and interim members where members of a mayor and cabinet executive are unable to act.

Notes:

 [1] 2000 c.22.back

[2] For the application of sections 47 and 105 of the Local Government Act 2000 to Wales, see section 106(1) of that Act.back

[3] 1972 c.70.back

[4] 1988 c.41.back

[5] 1989 c.42.back

[6] 1974 c.7.back

[7] 1976 c.57.back

[8] 1985 c.51.back

[9] 1985 c.67.back

[10] 1985 c.72.back

[11] 1986 c.10.back

[12] 1986 c.31.back

[13] 1987 c.21.back

[14] 1988 c.9.back

[15] 1991 c.56.back

[16] 1992 c.14.back

[17] 1994 c.40.back

[18] 1996 c.18.back

[19] 1996 c.31.back

[20] 1996 c.56.back

[21] 1997 c.25.back

[22] 1998 c.30.back

[23] 1999 c.29.back

[24] 2000 c.6.back

[25] S.I. 1983/1964.back

[26] S.I. 1991/892.back

[27] S.I. 1991/1505.back

[28] S.I. 1992/613.back

[29] S.I. 1994/651.back

[30] S.I. 2000/617.back

[31] Section 70 was amended by paragraph 1 of Schedule 14 to the Local Government Act 1985 (c.51), paragraph 41 of Schedule 12 and Schedule 13 to the Education Reform Act 1988 (c.40) and paragraph 14 of Schedule 29 to the Greater London Authority Act 1999 (c.29).back

[32] Section 79 was amended by regulation 3 of the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948). There are other amendments to section 79 which are not relevant to this Order.back

[33] Section 80(1) was amended by paragraph 5 of Schedule 5 and Part IV of Schedule 6 to the Local Government Finance Act 1982 (c.32), paragraph 12 of Schedule 8 to the Representation of the People Act 1983 (c.2), section 1(3) of the 1989 Act, paragraph 10 of Schedule 10 to the Environment Act 1995 (c.25), paragraph 3 of Schedule 3 to the Audit Commission Act 1998 (c.18) and paragraph 8 of Schedule 3 and paragraph 8 of Schedule 5 to the Local Government Act 2000.back

[34] Section 82(1) was amended by Schedule 14 to the Local Government Act 1985, Schedule 6 to the Norfolk and Suffolk Broads Act 1988 (c.4) and Schedule 13 to the Education Reform Act 1988.back

[35] Subsection (3A) of section 85 was inserted by paragraph 9 of Schedule 5 to the Local Government Act 2000. There are other amendments to section 85 which are not relevant to this Order.back

[36] Section 116 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c.51).back

[37] Section 270 was amended by paragraph 12 of Schedule 3 to the Local Government Act 2000. There are other amendments to section 270 which are not relevant to this Order.back

[38] Section 31A was inserted by section 28(1) of the Local Government and Housing Act 1989.back

[39] See the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (S.I. 2000/3272).back

[40] Subsection (3A) of section 74 of the Transport Act 1985 was inserted by section 161 of the Transport Act 2000 (c.38).back

[41] See the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 (S.I. 2000/2851).back

[42] There are amendments to section 6 which are not relevant to this Order.back

[43] See the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (S.I. 2000/3272).back

[44] There are amendments to Schedule 2 which are not relevant to this Order.back

[45] There are amendments to section 111 which are not relevant to this Order.back

[46] Section 114 was amended by paragraphs 1 and 66 of Schedule 5 to the 1989 Act and section 130 of the Greater London Authority Act 1999 (c.29). There are other amendments to section 114 which are not relevant to this Order.back

[47] Section 5A is inserted by article 23(2) of this Order.back

[48] Section 115A was inserted by section 131 of the Greater London Authority Act 1999 (c.29).back

[49] There are amendments to section 2 which are not relevant to this Order.back

[50] Section 5 was amended by paragraph 35 of Schedule 4 to the Police and Magistrates' Courts Act 1994 (c.29) and is to be amended by paragraph 24 of Schedule 5 to the Local Government Act 2000 on 28th July 2001, or a date to be appointed, whichever is the earlier (see section 108 of the Local Government Act 2000). There are other amendments to section 5 which are not relevant to this Order.back

[51] 1974 c.7.back

[52] There are amendments to section 9 which are not relevant to this Order.back

[53] See, in particular, section 15(2) of that Act.back

[54] See, in particular, regulations 11 and 12 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 (S.I. 2000/2851).back

[55] See regulation 6 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000, (S.I. 2000/2851).back

[56] There are amendments to section 21 which are not relevant to this Order.back

[57] Section 71 has been brought into force in part by S.I. 1989/2445 and 1995/841. Subsection (5) has been brought into force for the purposes of paragraph (a) only.back

[58] 1994 c.40. Section 70 was amended by section 40 of the Greater London Authority Act 1999 (c.29) and is to be amended by Part IX of Schedule 34 to that Act on a date to be appointed.back

[59] See section 13 of the Local Government Act 2000 (c.22) and the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (S.I. 2000/2853).back

[60] See the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 (S.I. 2000/2851).back

[61] Paragraph 15 was inserted by section 48 of the Education Act 1997 (c.44).back

[62] S.I. 1983/1964. Regulation 5 was substituted by the Adoption Agencies and Children (Arrangements for Placement and Reviews) (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/649).back

[63] 1970 c.42. Section 1A was inserted by section 102(3) of the Local Government Act 2000.back

[64] S.I. 1991/892.back

[65] S.I. 1991/1505.back

[66] S.I. 1992/613. Regulation 4 was substituted by the Council Tax (Administration and Enforcement) (Amendment) Regulations 1992 (S.I. 1992/3008).back

[67] S.I. 1994/651. There are amendments to regulation 2 which are not relevant to this Order.back

[68] 1970 c.42. Section 1A was inserted by section 102(3) of the Local Government Act 2000.back

[69] S.I. 2000/617.back

[70] See paragraph 2(3)(a) of Schedule 1 to the Local Government Act 2000.back


[a] Amended by Correction Slip. Page 15, first line of article 34, after "Teaching and Higher Education Act" delete "1988" substitute "1998". back


ISBN 0 11 029588 9


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Prepared 21 June 2001

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