Office of Public Sector Information
PART III continued
(1) The powers of the Secretary of State under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—
(a) it effects a structural change;
(b) it establishes a joint authority for two or more local government areas; or
(c) it effects only electoral changes or relates only to parishes.
(2) No order under this Part effecting a structural change or establishing a joint authority for two or more local government areas shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament; but an order effecting such a change or establishing a joint authority shall, if apart from this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.
(3) Every power of the Secretary of State under this Part to make orders or regulations, or to give directions, shall include power to make different provision for different cases, including different provision for different localities and for different bodies.
(4) Any power of the Secretary of State by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—
(a) to apply with or without modifications;
(b) to extend, exclude or amend; or
(c) to repeal or revoke with or without savings,
any enactment, any instrument made under any enactment or any charter, whenever granted.
(5) Any power of the Secretary of State under this Part to make by order or regulations provision for the transfer of any functions, property, rights or liabilities or to make transitional provision in connection with any such transfer or with the establishment of any body shall include, in particular, power to provide—
(a) for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;
(b) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
(c) for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.
(6) A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where the Secretary of State is satisfied that—
(a) a mistake has occurred in the preparation of an order under any provision of this Part; and
(b) the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the [1978 c. 30.] Interpretation Act 1978 (implied power to amend),
he may by order under this subsection make such provision as he thinks necessary or expedient for rectifying the mistake.
(7) In this section—
“enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and
“mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
(1) Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.
(2) In considering the electoral arrangements for any local government area for the purposes of this Part the Secretary of State and the Local Government Commission shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—
(a) until the commencement of section 24 above, as including a reference to the Local Government Commission; and
(b) thereafter, as if they were references to the Local Government Commission or the Local Government Boundary Commission for Wales.
(3) In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.
(1) In this Act, except where the context otherwise requires—
“the 1972 Act” means the [1972 c. 70.] Local Government Act 1972;
“the 1973 Act” means the [1973 c. 65.] Local Government (Scotland) Act 1973;
“the 1980 Act” means the [1980 c. 65.] Local Government, Planning and Land Act 1980;
“the 1982 Act” means the [1982 c. 32.] Local Government Finance Act 1982;
“the 1988 Act” means the [1988 c. 9.] Local Government Act 1988;
“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
“auditor” means any person who, within the meaning of Part III of the 1982 Act, is an auditor of the accounts of a body with which the Audit Commission is concerned;
“contravention” includes a failure to comply;
“financial year” means the twelve months ending with 31st March;
“local authority” means a principal council, the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council;
“local government area” means a principal area, and any of the following as for the time being constituted, that is to say, any metropolitan county, Greater London, the City of London, the Inner Temple, the Middle Temple or a parish;
“the Local Government Commission” means the Local Government Commission for England;
“modifications” includes additions, alterations and omissions;
“principal area” means any of the following as for the time being constituted, that is to say, a non-metropolitan county in England, a district in England or a London borough;
“principal council” means a council elected for a principal area;
“public body” includes any local authority, any joint authority or residuary body established under Part II of this Act and any other body which is a public body for the purposes of Part IV of the 1972 Act;
“the Scottish Accounts Commission” means the Commission for Local Authority Accounts in Scotland or, in relation to any time after the coming into force of paragraph 3 of Schedule 7 to the [1990 c. 19.] National Health Service and Community Care Act 1990, that Commission as re-named by that paragraph;
“staff” includes officers and employees.
(2) References in this Act to a body with which the Audit Commission is concerned are references to any body any of whose accounts are required to be audited under Part III of the 1982 Act (including the Common Council of the City of London).
(3) References in this Act (however framed) to a body affected by any recommendations, changes or order under Part II of this Act include references to a body whose area or functions are so affected or to a body which is to cease to exist in pursuance of the recommendations, changes or order and, in relation to an order, include a body which is established under or in consequence of the order.
(1) Part III of the 1982 Act and Part VII of the 1973 Act shall each have effect as if any functions under this Act of an auditor, of the Audit Commission, of the Controller of Audit or of the Scottish Accounts Commission were included in any references in that Part to the functions under that Part of an auditor, of the Controller of Audit or of the Commission in question.
(2) The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) Without prejudice to sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals), the repeal by this Act of any provision contained in Part IV of the 1972 Act shall not affect the continuing validity, after the coming into force of that repeal, of any provision contained in any order made under that Part.
(1) This Act may be cited as the Local Government Act 1992.
(2) Sections 1 to 7 above and, in Part I of Schedule 4 to this Act, the repeal in the 1982 Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3) The following provisions of this Act, that is to say—
(a) sections 8 to 11, Schedule 1 and, in Part I of Schedule 4, the repeals in the 1980 Act and the 1988 Act; and
(b) section 24, Schedule 3 and Part II of Schedule 4,
shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.
(4) The following provisions of this Act do not extend to Scotland, that is to say—
(a) sections 4 and 7;
(b) Part II, apart from the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraphs 21 and 22 of Schedule 3; and
(c) Schedule 4, apart from so much of Part II as makes a repeal in the [1975 c. 24.] House of Commons Disqualification Act 1975.
(5) Except for the purposes of—
(a) the amendments contained in paragraphs 11 and 12 of Schedule 2 and in paragraph 21 of Schedule 3; and
(b) so much of Part II of Schedule 4 as makes a repeal in the House of Commons Disqualification Act 1975,
this Act does not extend to Northern Ireland.
Local Government Act 1992