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Local Government Act 2000 (c. 22)

(The document as of February, 2008)

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Local Government Act 2000

2000 CHAPTER 22

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Promotion of economic, social or environmental well-being etc

    1. Interpretation

      1. 1. Meaning of "local authority" in Part I.

    2. Promotion of well-being

      1. 2. Promotion of well-being.

      2. 3. Limits on power to promote well-being.

      3. 4. Strategies for promoting well-being.

      4. 5. Power to amend or repeal enactments.

    3. Modification of certain enactments

      1. 6. Power to modify enactments concerning plans etc.

      2. 7. Power to modify enactments concerning plans etc: Wales.

      3. 8. Modification of section 137 of the 1972 Act.

    4. Procedure for orders under section 5 or 6

      1. 9. Procedure for orders under section 5 or 6.

  2. Part II

    Arrangements with respect to executives etc.

    1. Executive arrangements

      1. 10. Executive arrangements.

    2. Local authority executives

      1. 11. Local authority executives.

      2. 12. Additional forms of executive.

    3. Executive functions

      1. 13. Functions which are the responsibility of an executive.

    4. Provisions with respect to executive arrangements

      1. 14. Discharge of functions: mayor and cabinet executive.

      2. 15. Discharge of functions: leader and cabinet executive.

      3. 16. Discharge of functions: mayor and council manager executive.

      4. 17. Discharge of functions: s. 11(5) executive.

      5. 18. Discharge of functions by area committees.

      6. 19. Discharge of functions of and by another local authority.

      7. 20. Joint exercise of functions.

      8. 21. Overview and scrutiny committees.

      9. 22. Access to information etc.

      10. 23. Further provision.

      11. 24. Absence of requirement for political balance.

    5. Procedure with respect to operation of executive arrangements

      1. 25. Proposals.

      2. 26. Proposals not requiring referendum.

      3. 27. Referendum in case of proposals involving elected mayor.

      4. 28. Approval of outline fall-back proposals.

      5. 29. Operation of, and publicity for, executive arrangements.

      6. 30. Operation of different executive arrangements.

    6. Alternative arrangements.

      1. 31. Alternative arrangements in case of certain local authorities.

      2. 32. Alternative arrangements.

      3. 33. Operation of alternative arrangements.

    7. Referendums

      1. 34. Referendum following petition.

      2. 35. Referendum following direction.

      3. 36. Referendum following order.

    8. Local authority constitution

      1. 37. Local authority constitution.

    9. Guidance

      1. 38. Guidance.

    10. Elected mayors etc.

      1. 39. Elected mayors etc.

      2. 40. Election as elected mayor and councillor.

      3. Part III

        Conduct of local government members and employees

        1. Chapter I

          Conduct of members

          1. Standards of conduct

            1. 49. Principles governing conduct of members of relevant authorities.

            2. 50. Model code of conduct.

            3. 51. Duty of relevant authorities to adopt codes of conduct.

            4. 52. Duty to comply with code of conduct.

          2. Standards committees

            1. 53. Standards committees.

            2. 54. Functions of standards committees.

            3. 55. Standards committees or sub-committees for parish councils.

            4. 56. Standards committees or sub-committees for community councils.

        2. Chapter II

          Investigations etc: England

          1. Standards Board for England

            1. 57. Standards Board for England.

            2. 58. Written allegations.

          2. Functions of ethical standards officers

            1. 59. Functions of ethical standards officers.

          3. Investigations

            1. 60. Conduct of investigations.

            2. 61. Procedure in respect of investigations.

            3. 62. Investigations: further provisions.

            4. 63. Restrictions on disclosure of information.

          4. Reports etc.

            1. 64. Reports etc.

            2. 65. Interim reports.

          5. References to monitoring officers

            1. 66. Matters referred to monitoring officers.

            2. 67. Consultation with Local Commissioner.

        3. Chapter III

          Investigations etc: Wales

          1. Local Commissioner and Commission for Local Administration in Wales

            1. 68. Local Commissioner and Commission for Local Administration in Wales.

          2. Investigations

            1. 69. Investigations by Local Commissioner in Wales.

            2. 70. Investigations: further provisions.

          3. Reports etc.

            1. 71. Reports etc.

            2. 72. Interim reports.

          4. References to monitoring officers

            1. 73. Matters referred to monitoring officers.

            2. 74. Law of defamation.

        4. Chapter IV

          Adjudications

          1. Adjudication Panels

            1. 75. Adjudication Panels.

          2. Case tribunals and interim case tribunals

            1. 76. Case tribunals and interim case tribunals.

          3. Adjudications

            1. 77. Adjudications.

            2. 78. Decisions of interim case tribunals.

            3. 79. Decisions of case tribunals.

            4. 80. Recommendations by case tribunals.

        5. Chapter V

          Supplementary

          1. Disclosure and registration of members' interests etc.

            1. 81. Disclosure and registration of members' interests etc.

          2. Code of conduct for local government employees

            1. 82. Code of conduct for local government employees.

          3. Interpretation

            1. 83. Interpretation of Part III.

      4. Part IV

        Elections

        1. 84. Meaning of "local authority" and "principal council" in Part IV.

        2. 85. Options for elections.

        3. 86. Power to specify a scheme for elections.

        4. 87. Power to change years in which elections held.

        5. 88. Separate power to make incidental provisions etc.

        6. 89. Consequential electoral changes.

      5. Part V

        Miscellaneous

        1. Surcharge etc.

          1. 90. Surcharge etc.

          2. 91. Advisory notices.

        2. Maladministration etc.

          1. 92. Payments in cases of maladministration etc.

        3. Welfare services

          1. 93. Grants for welfare services.

          2. 94. Disclosure of information.

          3. 95. Unauthorised disclosure of information.

          4. 96. Housing benefit.

        4. Access to information

          1. 97. Background papers.

          2. 98. Meetings and documents: notice etc.

        5. Allowances and pensions

          1. 99. Allowances and pensions for certain local authority members.

          2. 100. Power to make provision about allowances.

        6. Indemnification of members and officers of relevant authorities

          1. 101. Indemnification of members and officers of relevant authorities.

        7. Social services functions

          1. 102. Social services functions.

        8. Recoupment by local authorities of cost of providing day care

          1. 103. Recoupment by local authorities of cost of providing day care.

        9. Prohibition on promoting homosexuality: bullying

          1. 104. Prohibition on promoting homosexuality: bullying.

      6. Part VI

        Supplemental

        1. 105. Orders and regulations.

        2. 106. Wales.

        3. 107. Minor and consequential amendments and repeals.

        4. 108. Commencement.

        5. 109. Short title and extent.

      7. Schedules:

        1. Schedule 1

          Executive arrangements: further provision.

        2. Schedule 2

          Election of elected mayor.

        3. Schedule 3

          Amendments to the 1972 Act.

        4. Schedule 4

          Standards Board for England.

        5. Schedule 5

          Minor and Consequential Amendments.

        6. Schedule 6

          Repeals.

An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.

[28th July 2000]

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 Promotion of economic, social or environmental well-being etc

Interpretation

1 Meaning of "local authority" in Part I

In this Part "local authority" means--

(a) in relation to England--

(i) a county council,

(ii) a district council,

(iii) a London borough council,

(iv) the Common Council of the City of London in its capacity as a local authority,

(v) the Council of the Isles of Scilly,

(b) in relation to Wales, a county council or a county borough council.



Promotion of well-being

2 Promotion of well-being

(1) Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects--

(a) the promotion or improvement of the economic well-being of their area,

(b) the promotion or improvement of the social well-being of their area, and

(c) the promotion or improvement of the environmental well-being of their area.

(2) The power under subsection (1) may be exercised in relation to or for the benefit of--

(a) the whole or any part of a local authority's area, or

(b) all or any persons resident or present in a local authority's area.

(3) In determining whether or how to exercise the power under subsection (1), a local authority must have regard to their strategy under section 4.

(4) The power under subsection (1) includes power for a local authority to--

(a) incur expenditure,

(b) give financial assistance to any person,

(c) enter into arrangements or agreements with any person,

(d) co-operate with, or facilitate or co-ordinate the activities of, any person,

(e) exercise on behalf of any person any functions of that person, and

(f) provide staff, goods, services or accommodation to any person.

(5) The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.

(6) Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).

3 Limits on power to promote well-being

(1) The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).

(2) The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).

(3) The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.

(4) Before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

(5) Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.

(6) Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

(7) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

(8) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978).

4 Strategies for promoting well-being

(1) Every local authority must prepare a strategy (referred to in this section as a community strategy) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.

(2) A local authority may from time to time modify their community strategy.

(3) In preparing or modifying their community strategy, a local authority--

(a) must consult and seek the participation of such persons as they consider appropriate, and

(b) must have regard to any guidance for the time being issued by the Secretary of State.

(4) Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

(5) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

5 Power to amend or repeal enactments

(1) If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.

(2) The power under subsection (1) may be exercised in relation to--

(a) all local authorities,

(b) particular local authorities, or

(c) particular descriptions of local authority.

(3) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(4) In exercising the power under subsection (1), the Secretary of State--

(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and

(b) must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.

(5) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.

(6) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978).



Modification of certain enactments

6 Power to modify enactments concerning plans etc

(1) Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter.

(2) The power under subsection (1) may be exercised in relation to--

(a) all local authorities,

(b) particular local authorities, or

(c) particular descriptions of local authority.

(3) The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers--

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(4) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(5) In exercising the power under subsection (1), the Secretary of State--

(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and

(b) must not make any provision--

(i) in relation to legislation made by the National Assembly for Wales, or

(ii) which has effect both in relation to Wales and in relation to any enactment to which section 7(2) applies,

without the consent of the Assembly.

(6) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.

(7) An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

(8) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

7 Power to modify enactments concerning plans etc: Wales

(1) Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.

(2) This subsection applies to--

(a) section 49(1)(c) of the [1990 c. 43.] Environmental Protection Act 1990,

(b) section 2 of the [1995 c. 10.] Home Energy Conservation Act 1995,

(c) section 84(2)(b) of the [1995 c. 25.] Environment Act 1995,

(d) any other enactment (whenever passed or made) which--

(i) requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and

(ii) is specified in an order made by the Secretary of State under this subsection.

(3) The power under subsection (1) may be exercised in relation to--

(a) all local authorities in Wales,

(b) particular local authorities in Wales, or

(c) particular descriptions of local authority in Wales.

(4) The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers--

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(6) An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.

(7) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978).

8 Modification of section 137 of the 1972 Act

In section 137 of the [1972 c. 70.] Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted--

" (9) Subject to subsection (10) below, in this section "local authority" means a parish or community council.

(10) In subsection (3) above "local authority" means--

(a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

(b) in relation to Wales, a county council, a county borough council or a community council. "



Procedure for orders under section 5 or 6

9 Procedure for orders under section 5 or 6

(1) Before the Secretary of State makes an order under section 5 or 6 he must consult--

(a) such local authorities,

(b) such representatives of local government, and

(c) such other persons (if any),

as appear to him to be likely to be affected by his proposals.

(2) Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the National Assembly for Wales.

(3) If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 6 he must lay before each House of Parliament a document which--

(a) explains his proposals,

(b) sets them out in the form of a draft order,

(c) gives details of consultation under subsection (1), and

(d) where consultation has taken place under subsection (2), sets out the views of the National Assembly for Wales.

(4) Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(5) In calculating the period mentioned in subsection (4) no account is to be taken of any time during which--

(a) Parliament is dissolved or prorogued, or

(b) either House is adjourned for more than four days.

(6) In preparing a draft order under section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7) A draft order under section 5 or 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of--

(a) any representations considered in accordance with subsection (6), and

(b) any changes made to the proposals contained in the document laid before Parliament under subsection (3).



Part II Arrangements with respect to executives etc.

Executive arrangements

10 Executive arrangements

(1) In this Part "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.

(2) Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.



Local authority executives

11 Local authority executives

(1) The executive of a local authority must take one of the forms specified in subsections (2) to (5).

(2) It may consist of--

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the executive by the elected mayor.

  • Such an executive is referred to in this Part as a mayor and cabinet executive.

(3) It may consist of--

(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b) two or more councillors of the authority appointed to the executive by one of the following--

(i) the executive leader, or

(ii) the authority.

  • Such an executive is referred to in this Part as a leader and cabinet executive.

(4) It may consist of--

(a) an elected mayor of the authority, and

(b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.

  • Such an executive is referred to in this Part as a mayor and council manager executive.

(5) It may take any such form as may be prescribed in regulations made by the Secretary of State.

(6) Regulations under subsection (5) may, in particular, provide for--

(a) a form of executive some or all of the members of which are elected by the local government electors for the authority's area to a specified post in the executive associated with the discharge of particular functions,

(b) a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c) the system of voting that will be used for elections under paragraph (a) or (b).

(7) A local authority executive may not include the chairman or vice-chairman of the authority.

(8) The number of members of a mayor and cabinet executive or a leader and cabinet executive may not exceed 10.

(9) The Secretary of State may by regulations amend subsection (8) so as to provide for a different maximum number of members of an executive to which that subsection applies, but the power under this subsection may not be exercised so as to provide for a maximum number which exceeds 10.

(10) Section 101 of the [1972 c. 70.] Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).

12 Additional forms of executive

(1) In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the Secretary of State must have regard to--

(a) any proposals made to him under subsection (2),

(b) the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d) the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2) For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3) Those conditions are--

(a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,

(b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c) that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4) A proposal under subsection (2)--

(a) must describe the form of executive to which it relates,

(b) must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.



Executive functions

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13 Functions which are the responsibility of an executive

(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations--

(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an executive under such arrangements, or

(c) to be a function which--

(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)--

(a) to be a function which is to be the responsibility of an executive of the authority,

(b) to be a function which is not to be the responsibility of such an executive, or

(c) to be a function which--

(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority--

(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the [1972 c. 70.] Local Government Act 1972, or any provision of that section, does not apply to that function.

(8) Any reference in the following provisions of this Part 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 this section, the responsibility of the executive under such arrangements.

(9) 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 which apply to the discharge of any such function by that form of executive.

(10) Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements--

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