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[NOTE: The words marked in bold type were inserted by the Lords to avoid |
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Make provision for the purposes of promoting public involvement in relation |
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to local authorities and other public authorities; to make provision about |
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bodies representing the interests of tenants; to make provision about local |
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freedoms and honorary titles; to make provision about the procedures of local |
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authorities and the audit of entities connected with them; to establish the Local |
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Government Boundary Commission for England and to make provision |
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relating to local government boundary and electoral change; to make |
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provision about local and regional development; to amend the law relating to |
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construction contracts; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Democracy and involvement |
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Duties relating to promotion of democracy |
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Duties of principal local authorities |
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1 | Democratic arrangements of principal local authorities |
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(1) | A principal local authority has a duty to promote understanding of the |
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following among local people— |
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(a) | the functions of the authority; |
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(b) | the democratic arrangements of the authority; |
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(c) | how members of the public can take part in those democratic |
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arrangements and what is involved in taking part. |
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(2) | The duty under subsection (1)(c) includes in particular a duty to promote |
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understanding of the following among local people— |
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(a) | how to become a member of the principal local authority; |
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(b) | what members of the principal local authority do; |
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(c) | what support is available for members of the principal local authority. |
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“principal local authority” means— |
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(a) | a county or district council in England; |
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(b) | a London borough council; |
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(c) | the Common Council of the City of London in its capacity as a |
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(d) | a county or county borough council in Wales; |
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“democratic arrangements”, in relation to any authority, means |
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arrangements for members of the public to participate in, or influence, |
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the making of decisions by the authority (including the making of |
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decisions by the authority in partnership or conjunction with any other |
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“local people”, in relation to a principal local authority, means people who |
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live, work or study in the authority’s area. |
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2 | Democratic arrangements of connected authorities |
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(1) | A principal local authority has a duty to promote understanding of the |
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following among local people— |
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(a) | the functions of authorities which are connected with the principal local |
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(b) | the democratic arrangements of those authorities; |
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(c) | how members of the public can take part in those democratic |
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arrangements and what is involved in taking part. |
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(2) | For the purposes of this section, each of the following is an authority which is |
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connected with a principal local authority in England— |
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(a) | any person mentioned in subsection (3) who acts or is established for an |
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area which, or any part of which, coincides with or falls within the |
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principal local authority’s area; |
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(b) | the Homes and Communities Agency, so far as exercising functions in |
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relation to the authority’s area; |
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(c) | the Secretary of State, so far as exercising functions under sections 2 and |
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3 of the Offender Management Act 2007 (c. 21) in relation to the |
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(d) | the managing or governing body of a maintained school in the |
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principal local authority’s area; |
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(e) | the managing or governing body of a further education institution in |
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the principal local authority’s area; |
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(f) | a National Health Service trust or NHS foundation trust which |
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provides services at or from a hospital or other establishment or facility |
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in the principal local authority’s area; |
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(g) | where the principal local authority is a London borough council or the |
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Common Council of the City of London, the Greater London Authority |
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and Transport for London; |
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(h) | where the principal local authority is a district council for an area for |
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which there is a county council, the county council; |
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(i) | where the principal local authority is a county council for an area for |
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which there is a district council, the district council. |
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(3) | The persons referred to in subsection (2)(a) are— |
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(c) | a fire and rescue authority which is not a principal local authority; |
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(d) | a National Park authority; |
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(e) | the Broads Authority; |
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(g) | a chief officer of police; |
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(h) | a joint waste authority established under section 207(1) of the Local |
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Government and Public Involvement in Health Act 2007 (c. 28); |
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(i) | a waste disposal authority established under section 10 of the Local |
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Government Act 1985 (c. 51); |
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(j) | an Integrated Transport Authority; |
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(k) | an economic prosperity board established under section 85 or a |
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combined authority established under section 100; |
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(l) | a strategic health authority; |
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(m) | a Primary Care Trust; |
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(n) | a local probation board or a probation trust. |
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(4) | For the purposes of this section each of the following is an authority which is |
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connected with a principal local authority in Wales— |
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(a) | any person mentioned in subsection (5) who acts for or is established |
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for an area which, or any part of which, coincides with or falls within |
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the principal local authority’s area; |
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(b) | the Secretary of State, so far as exercising functions under sections 2 and |
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3 of the Offender Management Act 2007 (c. 21) in relation to the |
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(c) | the managing or governing body of any maintained school in the |
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principal local authority’s area; |
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(d) | a National Health Service trust which provides services at or from a |
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hospital or other establishment or facility in the principal local |
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(5) | The persons referred to in subsection (4)(a) are— |
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(c) | a fire and rescue authority which is not a principal local authority; |
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(d) | a National Park authority; |
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(f) | a chief officer of police; |
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(g) | a Local Health Board; |
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(h) | a local probation board or a probation trust. |
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(6) | The appropriate national authority may by order amend this section so as to— |
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(a) | add any person who has functions of a public nature to the authorities |
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which are connected with a principal local authority for the purposes of |
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(b) | cause any person to cease to be an authority which is connected with a |
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principal local authority for those purposes; |
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(c) | change the functions in respect of which any authority is connected |
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with a principal local authority for those purposes. |
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(7) | Before making an order under subsection (6) the appropriate national |
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authority must consult such representatives of local government and such |
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other persons (if any) as that authority considers appropriate. |
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“further education institution” means an institution within the further |
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education sector as defined by section 91(3) of the Further and Higher |
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Education Act 1992 (c. 13); |
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“maintained school” means— |
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(a) | a community, foundation or voluntary school (within the |
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meaning of the School Standards and Framework Act 1998 |
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(b) | a community or foundation special school (within the meaning |
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(c) | a maintained nursery school (as defined by section 22(9) of that |
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(9) | For the purposes of subsections (3)(g) and (5)(f), a chief officer of police acts |
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and is established for the area of the chief officer’s police force. |
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3 | Monitoring boards, courts boards and youth offending teams |
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(1) | A principal local authority has a duty to promote understanding of the |
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following among local people— |
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(a) | the functions of the bodies mentioned in subsection (2); |
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(b) | how a member of the public can become a member of, or take part in, |
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the work of those bodies; |
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(c) | what is involved in doing so. |
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(2) | The bodies referred to in subsection (1) are— |
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(a) | an independent monitoring board established under section 6 of the |
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Prison Act 1952 (c. 52) for a prison in the principal local authority’s |
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(b) | a visiting committee established under section 152 of the Immigration |
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and Asylum Act 1999 (c. 33) for a removal centre in the principal local |
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(c) | a courts board for an area which, or any part of which, coincides with |
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or falls within the principal local authority’s area; |
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(d) | a youth offending team for an area which, or any part of which, |
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coincides with or falls within the principal local authority’s area. |
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(1) | A principal local authority has a duty to promote understanding among local |
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(a) | the functions of a lay justice; |
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(b) | how a member of the public can become a lay justice; |
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(c) | what is involved in being a lay justice. |
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(2) | In this section “lay justice” has the meaning given by section 9 of the Courts Act |
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5 | Provision of information |
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(1) | The duties in sections 2 and 3 do not apply to a principal local authority in |
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relation to any other authority or body if or to the extent that, having been |
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requested to do so, that authority or body has not made the necessary |
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information available to the principal local authority. |
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(2) | The duty in section 4 does not apply to a principal local authority if or to the |
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extent that, having been requested to do so, the Lord Chancellor has not made |
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the necessary information available to the principal local authority. |
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(3) | For the purposes of this section the appropriate national authority may by |
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order impose requirements relating to the provision of information to principal |
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(a) | authorities which are connected with principal local authorities for the |
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purposes of section 2, or |
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(b) | the bodies referred to in section 3(2). |
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(4) | Requirements imposed under subsection (3) may relate in particular to the |
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provision of information by a particular authority or body or by authorities or |
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bodies of a particular description. |
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(5) | References in subsections (1) to (3) to principal local authorities do not include |
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any district council for an area for which there is a county council. |
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(6) | Where a principal local authority in England is the district council for an area |
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for which there is a county council— |
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(a) | the county council must, at least once a year, request any authority, |
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body or other person in relation to which the district council is also |
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under a duty under section 2, 3 or 4 for the information that the district |
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council needs in order to discharge the duty in that section, |
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(b) | the county council must pass on to the district council any information |
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received by the county council under paragraph (a), |
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(c) | if at any time the county council is notified of any changes to |
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information previously passed on by it under paragraph (b), the county |
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council must inform the district council accordingly, and |
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(d) | the duties in sections 2, 3 and 4 do not apply to the district council in |
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relation to any authority, body or other person if or to the extent that |
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the county council has not made the necessary information available to |
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the district council under this subsection. |
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(1) | The appropriate national authority may give guidance to principal local |
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authorities in relation to the discharge of their duties under this Chapter. |
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(2) | Guidance under this section— |
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(a) | may be given generally or to one or more particular principal local |
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(b) | may be different for different principal local authorities; |
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(3) | Before giving guidance under this section the appropriate national authority |
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must consult the principal local authorities to which it is given. |
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(4) | A principal local authority must, in deciding how to discharge its duties under |
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this Chapter, have regard to any guidance given to it under this section. |
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The Secretary of State may by order apply the provisions of this Chapter to the |
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Council of the Isles of Scilly, with or without modifications. |
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(1) | An order under any provision of this Chapter is to be made by statutory |
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(2) | A statutory instrument containing an order under any provision of this |
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Chapter made by the Secretary of State is subject to annulment in pursuance of |
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a resolution of either House of Parliament. |
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(3) | A statutory instrument containing an order under any provision of this |
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Chapter made by the Welsh Ministers is subject to annulment in pursuance of |
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a resolution of the National Assembly for Wales. |
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“appropriate national authority” means— |
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(a) | the Secretary of State, in relation to principal local authorities in |
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(b) | the Welsh Ministers, in relation to principal local authorities in |
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“principal local authority” has the meaning given by section 1; |
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“democratic arrangements” has the meaning given by section 1; |
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“local people” has the meaning given by section 1. |
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Petitions to local authorities |
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(1) | A principal local authority must provide a facility for making petitions in |
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electronic form to the authority. |
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(2) | A principal local authority must give reasons for not granting a request to use |
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the facility provided by it under this section for the making of a petition. |
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(3) | In this Chapter, “principal local authority” means— |
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(a) | a county council in England; |
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(b) | a district council in England; |
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(c) | a London borough council; |
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(d) | the Common Council of the City of London in its capacity as a local |
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(e) | the Council of the Isles of Scilly; |
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(f) | a county or county borough council in Wales. |
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(4) | In this Chapter, “e-petition facility” means a facility provided under this |
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(1) | A principal local authority must make a scheme for the handling of petitions |
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which are made to the authority and to which section 12 applies. |
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(2) | In this Chapter “petition scheme” means a scheme under this section. |
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(3) | A petition scheme must be approved at a meeting of the authority before it |
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(4) | A principal local authority must publish its petition scheme— |
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(b) | in such other manner as the authority considers appropriate for |
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bringing the scheme to the attention of persons who live, work or study |
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(5) | A principal local authority may at any time revise its petition scheme (and |
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subsections (3) and (4) apply in relation to any scheme which is revised under |
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(6) | A principal local authority must comply with its petition scheme. |
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(7) | Subject to that, nothing in this Chapter affects the powers or duties of a |
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principal local authority in relation to any petition to it. |
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12 | Petitions to which a scheme must apply |
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(1) | This section applies to a petition made to a principal local authority which— |
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(a) | requests the authority to take or cease to take action described in the |
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(b) | is signed by at least the specified number of persons who live, work or |
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study in the authority’s area, |
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(c) | is not a petition made under and in accordance with any other |
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(d) | if the petition is in electronic form, is made using the authority’s e- |
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(2) | In subsection (1)(b), “specified number” means the number specified for the |
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purposes of this section in the principal local authority’s petition scheme. |
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(3) | For the purposes of this Chapter— |
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|
