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Local Government (Overseas Assistance) Act 1993 (c. 25)

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(The document as of February, 2008. Arhiv.Online Library)

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Local Government (Overseas Assistance) Act 1993 (c. 25)

1993 CHAPTER 25

An Act to enable local authorities in Great Britain to provide advice and assistance as respects matters in which they have skill and experience to bodies engaged outside the United Kingdom in the carrying on of any of the activities of local government.

[20th July 1993]

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:--

1 Power to provide advice and assistance

(1) Subject to subsections (3) to (6) below, a local authority may provide advice and assistance as respects any matter in which they have skill and experience to a body engaged outside the United Kingdom in the carrying on of any of the activities of local government.

(2) In relation to any place outside the United Kingdom, activities shall be taken for the purposes of this Act to be activities of local government wherever they are the equivalent of, or are comparable to, any activities which in any part of Great Britain are carried on, by virtue of the functions vested in them, by local authorities.

(3) The power conferred by subsection (1) above shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4) Before giving any general authorisation under subsection (3) above, the Secretary of State shall consult with such persons appearing to him to represent local authorities as he thinks appropriate.

(5) A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(6) Nothing in this section authorises a local authority to provide any financial assistance by--

(a) making a grant or loan,

(b) giving a guarantee or indemnity, or

(c) investing by acquiring share or loan capital.

(7) The Secretary of State shall provide local authorities with such guidance about the exercise of their powers under this section as he thinks appropriate.

(8) There shall be paid out of money provided by Parliament any increase attributable to this section in the sums payable out of money so provided under any other enactment.

(9) In this section, "local authority" means--

(a) a county or district council in England and Wales, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly or a body mentioned in subsection (10) below; or

(b) a regional, islands or district council in Scotland or a joint board within the meaning of section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(10) The bodies referred to in subsection (9) above are--

(a) a fire authority constituted in England and Wales by a combination scheme under the [1947 c. 41.] Fire Services Act 1947;

(b) a combined police authority established by an amalgamation scheme under the [1964 c. 48.] Police Act 1964;

(c) an authority established under section 10 of the [1985 c. 51.] Local Government Act 1985 (waste disposal authorities);

(d) a joint authority established by Part IV of that Act (police, fire services, civil defence and transport);

(e) a joint authority established by an order under section 21 of the [1992 c. 19.] Local Government Act 1992 (joint authorities established in connection with structural or boundary changes);

(f) the Broads Authority;

(g) a joint or special planning board constituted for a National Park by an order under paragraph 1 or 3 of Schedule 17 to the [1972 c. 70.] Local Government Act 1972.

(11) The Secretary of State may by order made by statutory instrument amend subsection (9) or (10) above so as to add any body or description of body to the bodies which are local authorities for the purposes of this section; and any statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2 Short title, commencement and extent

(1) This Act may be cited as the Local Government (Overseas Assistance) Act 1993.

(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act does not extend to Northern Ireland.

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