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(a) in relation to England and Wales, and Scotland, have | |
the same meaning as in the Employment Rights Act | |
1996, and | |
(b) in relation to Northern Ireland, have the same | |
meaning as in the Employment Rights (Northern | 5 |
Ireland) Order 1996; | |
“local authority” means a local authority in any part of the | |
United Kingdom, including the Common Council of the | |
City of London but excluding a parish or community | |
council; | 10 |
“working hours” of an employee— | |
(a) in relation to England and Wales, and Scotland, has | |
the same meaning as in section 50 of the | |
Employment Rights Act 1996, and | |
(b) in relation to Northern Ireland, has the same | 15 |
meaning as in Article 78 of the Employment Rights | |
(Northern Ireland) Order 1996; | |
“qualifying business”, in relation to a body, means— | |
(a) the doing of anything for the purpose of the | |
discharge of the functions of the body or of any of its | 20 |
committees or sub-committees, and | |
(b) where the body is a local authority operating | |
executive arrangements within the meaning of Part | |
2 of the Local Government Act 2000 and | |
arrangements exist for functions of any other body | 25 |
to be discharged by the authority’s executive or any | |
committee or member of the executive, the doing of | |
anything for the purpose of the discharge of those | |
functions.” | |
(3) Subsections (1) and (2) shall be deemed to have come into force on 16th | 30 |
February 2001. | |
(4) The Electoral Commission shall remove from the register kept by it under | |
section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41) | |
any entry that they would not have been required to make had subsections (1) | |
and (2) actually been in force throughout the period beginning with 16th | 35 |
February 2001 and ending with the passing of this Act. | |
113 Overview and scrutiny committees: voting rights of co-opted members | |
In Schedule 1 to the Local Government Act 2000 (c. 22) (further provision about | |
executive arrangements), after paragraph 11 there is inserted— | |
“Overview and scrutiny committees: voting rights of co-opted members | 40 |
12 (1) A local authority in England may permit a co-opted member of an | |
overview and scrutiny committee of the authority to vote at meetings | |
of the committee. | |
(2) Permission under sub-paragraph (1) may only be given in | |
accordance with a scheme made by the local authority. | 45 |
(3) A scheme for the purposes of this paragraph may include— | |
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(a) provision for a maximum or minimum in relation to the | |
number of co-opted members of an overview and scrutiny | |
committee entitled to vote at meetings of the committee, and | |
(b) provision for giving effect to any maximum or minimum | |
established under paragraph (a). | 5 |
(4) The power to make a scheme for the purposes of this paragraph | |
includes power to vary or revoke such a scheme. | |
(5) In this paragraph, references to a co-opted member, in relation to an | |
overview and scrutiny committee of a local authority, are to a | |
member of the committee who is not a member of the authority. | 10 |
13 (1) The Secretary of State may by regulations make provision about the | |
exercise of the powers under paragraph 12. | |
(2) Regulations under sub-paragraph (1) may, in particular, require | |
schemes for the purposes of paragraph 12 (“voting rights | |
schemes”)— | 15 |
(a) to provide for permission to be given only by means of | |
approving a proposal by the committee concerned; | |
(b) to provide for a proposal for the purposes of the scheme (“a | |
scheme proposal”) to specify— | |
(i) the person to whom the proposal relates, | 20 |
(ii) the questions on which it is proposed he should be | |
entitled to vote, and | |
(iii) the proposed duration of his entitlement to vote, | |
and to include such other provision about the form and | |
content of such a proposal as the regulations may provide; | 25 |
(c) to provide for a scheme proposal to be made only in | |
accordance with a published statement of the policy of the | |
committee concerned about the making of such proposals; | |
(d) to include such provision about the procedure to be followed | |
in relation to the approval of scheme proposals as the | 30 |
regulations may provide. | |
(3) Regulations under sub-paragraph (1) may include provision for the | |
notification to the Secretary of State by local authorities of the | |
making, variation or revocation of voting rights schemes. | |
(4) The Secretary of State may by direction require a local authority to | 35 |
vary a voting rights scheme. | |
14 (1) A local authority which makes a scheme for the purposes of | |
paragraph 12 shall, while the scheme is in force, make copies of it | |
available at its principal office at all reasonable hours for inspection | |
by members of the public. | 40 |
(2) If a local authority makes a scheme for the purposes of paragraph 12, | |
or varies or revokes such a scheme, it must as soon as reasonably | |
practicable after doing so publish in one or more newspapers | |
circulating in its area a notice which complies with this paragraph. | |
(3) In the case of the making of a scheme, the notice under sub- | 45 |
paragraph (2) shall— | |
(a) record the making of the scheme, | |
(b) describe what it does, | |
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(c) state that copies of it are available for inspection at the | |
principal office of the local authority, and | |
(d) specify— | |
(i) the address of that office, and | |
(ii) the times when the scheme is available for inspection | 5 |
there. | |
(4) In the case of the variation of a scheme, the notice under sub- | |
paragraph (2) shall— | |
(a) record the variation, | |
(b) describe what it does, | 10 |
(c) state that copies of the scheme as varied are available for | |
inspection at the principal office of the local authority, and | |
(d) specify— | |
(i) the address of that office, and | |
(ii) the times when the scheme is available for inspection | 15 |
there. | |
(5) In the case of the revocation of a scheme, the notice under sub- | |
paragraph (2) shall record the revocation.” | |
114 Local polls | |
(1) A local authority may conduct a poll to ascertain the views of those polled | 20 |
about— | |
(a) any matter relating to— | |
(i) services provided in pursuance of the authority’s functions, or | |
(ii) the authority’s expenditure on such services, or | |
(b) any other matter if it is one relating to the authority’s power under | 25 |
section 2 of the Local Government Act 2000 (c. 22) (authority’s power | |
to promote well-being of its area). | |
(2) It shall be for the local authority concerned to decide— | |
(a) who is to be polled, and | |
(b) how the poll is to be conducted. | 30 |
(3) This section is without prejudice to any powers of a local authority exercisable | |
otherwise than by virtue of this section. | |
(4) In this section, “local authority” means— | |
(a) in relation to England— | |
(i) a county council; | 35 |
(ii) a district council; | |
(iii) a London borough council; | |
(iv) the Greater London Authority; | |
(v) the Common Council of the City of London in its capacity as a | |
local authority; | 40 |
(vi) the Council of the Isles of Scilly, and | |
(b) in relation to Wales, a county council or a county borough council. | |
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115 Appropriate sum under section 137(4) of the Local Government Act 1972 | |
(1) In section 137 of the Local Government Act 1972 (c. 70) (which enables local | |
authorities to incur expenditure for certain purposes not otherwise | |
authorised), in subsection (4)(a) (which makes provision in connection with the | |
calculation of the maximum amount of such expenditure in any financial year), | 5 |
for “subsection (4AA) below” there is substituted “Schedule 12B to this Act”. | |
(2) After Schedule 12A to that Act there is inserted— | |
“Schedule 12B | |
Section 137(4)(a) | |
Appropriate sum under section 137(4) | |
1 This Schedule has effect to determine for the purposes of section | 10 |
137(4)(a) above the sum that is for the time being appropriate to a | |
local authority. | |
2 The sum appropriate to the local authority for the financial year in | |
which section 115 of the Local Government Act 2003 comes into force | |
is £5.00. | 15 |
3 (1) For each subsequent financial year, the sum appropriate to the local | |
authority is the greater of the sum appropriate to the authority for | |
the financial year preceding the year concerned and the sum | |
produced by the following formula—![equation: over[(*n*)cross[char[A],char[B]],char[C]]](missing.gif) | |
(2) A is the sum appropriate to the local authority for the financial year | 20 |
preceding the year concerned. | |
(3) B is the retail prices index for September of the financial year | |
preceding the year concerned. | |
(4) C is the retail prices index for September of the financial year which | |
precedes that preceding the year concerned except where sub- | 25 |
paragraph (5) below applies. | |
(5) Where the base month for the retail prices index for September of the | |
financial year mentioned in sub-paragraph (4) above (the first year) | |
differs from that for the index for September of the financial year | |
mentioned in sub-paragraph (3) above (the second year), C is the | 30 |
figure which the Secretary of State calculates would have been the | |
retail prices index for September of the first year if the base month for | |
that index had been the same as the base month for the index for | |
September of the second year. | |
(6) References in sub-paragraphs (3) to (5) above to the retail prices | 35 |
index are to the general index of retail prices (for all items) published | |
by the Office for National Statistics. | |
(7) If that index is not published for a month for which it is relevant for | |
the purposes of any of those sub-paragraphs, the sub-paragraph | |
shall be taken to refer to any substituted index or index figures | 40 |
published by that Office. | |
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(8) For the purposes of sub-paragraph (5) above, the base month for the | |
retail prices index for September of a particular year is the month— | |
(a) for which the retail prices index is taken to be 100, and | |
(b) by reference to which the index for the September in question | |
is calculated. | 5 |
(9) In calculating the sum produced by the formula in sub-paragraph (1) | |
above a part of a whole (if any) shall be calculated to two decimal | |
places only— | |
(a) adding one hundredth where (apart from this sub- | |
paragraph) there would be five, or more than five, one- | 10 |
thousandths, and | |
(b) ignoring the one-thousandths where (apart from this sub- | |
paragraph) there would be less than five one-thousandths. | |
4 Before the beginning of a financial year, the appropriate person may | |
by order provide for a different sum to have effect as the sum | 15 |
appropriate to a local authority for the year in place of the sum | |
calculated for the year in accordance with paragraph 3 above. | |
5 In paragraph 4 above “the appropriate person” means— | |
(a) as respects England, the Secretary of State; | |
(b) as respects Wales, the National Assembly for Wales. | 20 |
6 An order under paragraph 4 above may make different provision in | |
relation to local authorities of different descriptions. | |
7 An order under paragraph 4 above made by the Secretary of State | |
shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament.” | 25 |
116 Use of fixed penalties paid for litter and dog-fouling offences | |
(1) Section 88(6)(a) of the Environmental Protection Act 1990 (c. 43) (which | |
requires authorities to pay any receipts from fixed penalties for litter offences | |
to the Secretary of State or the National Assembly for Wales and applies also to | |
fixed penalties for dog-fouling offences by virtue of section 4(2) of the Dogs | 30 |
(Fouling of Land) Act 1996) ceases to have effect. | |
(2) An authority in England and Wales to which fixed penalties are payable in | |
pursuance of notices under— | |
(a) section 88 of the Environmental Protection Act 1990 (fixed penalty | |
notices for leaving litter), or | 35 |
(b) section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty | |
notices for not removing dog faeces), | |
may use any sums it receives in respect of fixed penalties payable to it in | |
pursuance of such notices only for the purposes of functions of its that are | |
qualifying functions. | 40 |
(3) The following are qualifying functions for the purposes of this section— | |
(a) functions under Part 4 of the Environmental Protection Act 1990 (litter | |
etc.), | |
(b) functions under the Dogs (Fouling of Land) Act 1996, and | |
(c) functions of a description specified in regulations made by the | 45 |
appropriate person. | |
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(4) Regulations under subsection (3)(c) may (in particular) have the effect that an | |
authority may use the sums mentioned in subsection (2) (its “fixed-penalty | |
receipts”) for the purposes of any of its functions. | |
(5) An authority shall supply the appropriate person with such information | |
relating to its use of its fixed-penalty receipts as the appropriate person may | 5 |
require. | |
(6) The appropriate person may by regulations— | |
(a) make provision for what an authority is to do with its fixed-penalty | |
receipts— | |
(i) pending their being used for the purposes of qualifying | 10 |
functions of the authority; | |
(ii) if they are not so used before such time after their receipt as may | |
be specified by the regulations; | |
(b) make provision for accounting arrangements in respect of an | |
authority’s fixed-penalty receipts. | 15 |
(7) The provision that may be made under subsection (6)(a)(ii) includes (in | |
particular) provision for the payment of sums to a person (including the | |
appropriate person) other than the authority. | |
(8) Before making regulations under this section, the appropriate person must | |
consult— | 20 |
(a) the authorities to which the regulations are to apply, and | |
(b) such other persons as the appropriate person considers appropriate. | |
Chapter 2 | |
General | |
117 Orders and regulations | 25 |
(1) Any power to make orders or regulations under this Act includes power— | |
(a) to make different provision for different cases or areas, and | |
(b) to make incidental, supplementary, consequential or transitional | |
provision or savings (including provision amending or repealing any | |
enactment or instrument made under any enactment). | 30 |
(2) The power under subsection (1)(a) includes, in particular, power to make | |
different provision for different local authorities or descriptions of local | |
authority (including descriptions framed by reference to authorities in | |
particular areas). | |
(3) The generality of the power under subsection (1)(a) shall not be taken to be | 35 |
prejudiced by any specific provision of this Act authorising differential | |
provision. | |
(4) Any power to make orders or regulations under this Act is exercisable by | |
statutory instrument. | |
(5) A statutory instrument containing an order or regulations under this Act, | 40 |
except sections 97(1) and (2) and 100(4) and (5), shall be subject to annulment | |
in pursuance of a resolution of either House of Parliament. | |
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(6) Subsection (5) does not apply to a statutory instrument containing an order or | |
regulations made by the National Assembly for Wales. | |
(7) This section does not apply to orders under section 122. | |
118 General interpretation | |
In this Act— | 5 |
“appropriate person” means— | |
(a) in relation to England, the Secretary of State, and | |
(b) in relation to Wales, the National Assembly for Wales; | |
“best value authority” means an authority or body which is a best value | |
authority for the purposes of Part 1 of the Local Government Act 1999 | 10 |
(c. 27); | |
“financial year” means a period of 12 months beginning with 1st April; | |
“valuation tribunal” means a tribunal established under Schedule 11 to | |
the Local Government Finance Act 1988 (c. 41). | |
119 Application to Isles of Scilly | 15 |
Part 1 and sections 25 to 28 apply to the Isles of Scilly subject to such exceptions, | |
adaptions and modifications as the Secretary of State may by order provide. | |
120 Financial provisions | |
(1) There shall be paid out of money provided by Parliament— | |
(a) any expenditure under this Act of a Minister of the Crown or government | 20 |
department, and | |
(b) any increase attributable to this Act in the sums payable out of money so | |
provided under any other enactment. | |
(2) Any sums received under this Act by a Minister of the Crown shall be paid into into | |
the Consolidated Fund. | 25 |
(3) There shall be paid out of or into the Consolidated Fund any increase attributable to | |
this Act in the sums payable out of or into that Fund under any other enactment. | |
121 Minor and consequential amendments and repeals | |
(1) Schedule 6 (minor and consequential amendments) has effect. | |
(2) The enactments and instruments specified in Schedule 7 are hereby repealed or | 30 |
revoked to the extent specified there. | |
(3) The Secretary of State may by order make provision consequential on this Act | |
amending, repealing or revoking (with or without savings) any provision of an | |
Act passed before or in the same session as this Act, or of an instrument made | |
under an Act before the passing of this Act. | 35 |
(4) In this section, “Act” includes a private or local Act. | |
122 Commencement | |
(1) The following provisions shall come into force on the day on which this Act is | |
passed— | |
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