Local Democracy, Economic Development and Construction Act 2009
2009 c. 20
An Act to make provision for the purposes of promoting public involvement in relation to local authorities and other public authorities; to make provision about bodies representing the interests of tenants; to make provision about local freedoms and honorary titles; to make provision about the procedures of local authorities, their powers relating to insurance and the audit of entities connected with them; to establish the Local Government Boundary Commission for England and to make provision relating to local government boundary and electoral change; to make provision about local and regional development; to amend the law relating to construction contracts; and for connected purposes.
[12th November 2009]
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:—
23 Duty of public authorities to secure involvement
(1) Where an authority to which this section applies considers it appropriate for representatives of interested persons (or of interested persons of a particular description) to be involved in the exercise of any of its relevant functions by being—
(a) provided with information about the exercise of the function,
(b) consulted about the exercise of the function, or
(c) involved in another way,
it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.
(2) This section applies to the following authorities—
(a) the Arts Council of England;
(b) the English Sports Council;
(c) the Environment Agency;
(d) the Health and Safety Executive;
(da) the Office for Nuclear Regulation;
(e) the Historic Buildings and Monuments Commission for England;
(f) the Homes and Communities Agency;
(g) the Museums, Libraries and Archives Council;
(h) Natural England;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) the Common Council of the City of London in its capacity as a police authority;
(k) a chief officer of police for a police force in England;
(l) a local probation board for an area in England or a probation trust (other than a Welsh probation trust as defined by paragraph 13(6) of Schedule 1 to the Offender Management Act 2007 (c. 21));
(m) a youth offending team for an area in England;
(n) the Secretary of State.
(3) In this section, “relevant functions” means—
(a) in relation to an authority specified in subsection (2)(a) to (m), all the functions of the authority except in so far as those functions are not exercisable in or in relation to England;
(b) in relation to the Secretary of State, the Secretary of State's functions under—
(i) section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees), and
(ii) sections 2 and 3 of the Offender Management Act 2007 (c. 21) (responsibility for ensuring the provision of probation services throughout England and Wales),
except in so far as those functions are not exercisable in relation to England.
(4) Subsection (1) does not require an authority to take a step—
(a) if the authority does not have the power to take the step apart from this section, or
(b) if the step would be incompatible with any duty imposed on the authority apart from this section.
(5) Subsection (1) does not apply in such cases as the Secretary of State may by order made by statutory instrument specify.
(6) A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section—
“interested person”, in relation to a relevant function, means a person who is likely to be affected by, or otherwise interested in, the exercise of the function;
“representative” means, in relation to interested persons or a description of interested person, a person who appears to an authority to which this section applies to be representative of the interested persons;
...
(8) The Secretary of State's functions under this section by virtue of subsection (3)(b)(ii) are functions to which section 2(1)(c) of the Offender Management Act 2007 (c. 21) (functions to be performed through arrangements under section 3 of that Act) applies.
24 Duty of public authorities to secure involvement: guidance
(1) The Secretary of State may give guidance to authorities to which section 23 applies (other than the Secretary of State) in relation to the discharge of their duties under that section.
(2) Guidance under this section—
(a) may be given generally or to one or more particular authorities;
(b) may be different for different authorities;
(c) must be published.
(3) Before giving guidance under this section the Secretary of State must consult the authority or authorities to which it is given.
(4) An authority to which section 23 applies must, in deciding how to fulfil its duties under that section, have regard to any guidance given to it under this section.
25 Establishment and assistance of bodies representing tenants etc
(1) The Secretary of State may—
(a) establish a body with the functions specified in subsections (2) to (5);
(b) give financial or other assistance to any person for the purpose of establishing a body with those functions;
(c) give financial or other assistance to any body appearing to the Secretary of State to have those functions for the purpose of the carrying out by the body of any or all of those functions.
(2) The function in this subsection is that of representing, or facilitating the representation of, the views and interests of—
(a) tenants of social housing in England, or
(b) tenants of social housing and other residential property in England.
(3) The function in this subsection is that of conducting or commissioning research into issues affecting—
(a) tenants of social housing in England, or
(b) tenants of social housing and other residential property in England.
(4) The function in this subsection is that of promoting the representation by other bodies of—
(a) tenants of social housing in England or any part of England, or
(b) tenants of social housing and other residential property in England or any part of England.
(5) It is immaterial for the purposes of subsection (1)(a) to (c) that a body may also have other functions.
(6) Assistance under this section may be given in such form (including financial assistance by way of grant, loan or guarantee) as the Secretary of State considers appropriate.
(7) Assistance under this section may be given on such terms as the Secretary of State considers appropriate.
(8) The terms on which assistance under this section may be given include, in particular, provision as to the circumstances in which it must be repaid or otherwise made good to the Secretary of State and the manner in which that must be done.
(9) A person or body to whom assistance is given under this section must comply with any terms on which it is given.
(10) In this section—
“social housing” has the meaning given by section 68 of the Housing and Regeneration Act 2008 (c. 17);
“tenant”, in relation to social housing, has the meaning given by section 275 of that Act.
26 Consultation of bodies representing tenants etc
(1) The Housing and Regeneration Act 2008 (c. 17) is amended as follows.
(2) After section 278 insert—
Power to nominate for consultation purposes
278A (1) The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—
(a) section 112(4);
(b) section 174(5);
(c) section 196(1);
(d) section 197(4);
(e) section 216.
(2) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.
(3) In each of sections 112(4) (consultation about criteria for registration of providers of social housing) and 174(5) (consultation about disposal of dwellings by registered providers of social housing)—
(a) after paragraph (b) (and before the “and” following that paragraph) insert—
(ba) any body for the time being nominated under section 278A,
;
(b) in paragraph (c), after “one or more” insert “ other ”.
(4) In section 196(1) (consultation about standards etc for registered providers of social housing)—
(a) after paragraph (b) insert—
(ba) any body for the time being nominated under section 278A,
;
(b) in paragraph (c), after “one or more” insert “ other ”.
(5) In section 197(4) (consultation about directions relating to standards)—
(a) after paragraph (d) insert—
(da) any body for the time being nominated under section 278A,
;
(b) in paragraph (e), after “one or more” insert “ other ”.
(6) In section 216 (consultation about guidance to registered providers of social housing)—
(a) after paragraph (a) insert—
(aa) any body for the time being nominated under section 278A,
;
(b) in paragraph (b), after “one or more” insert “ other ”.
(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) In section 248 (freemen and inhabitants of existing boroughs), after subsection (1) insert—
(1A) Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.
(1B) The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.
(1C) In subsections (1A) and (1B) “freeman” excludes a freeman of the City of London.
(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) In section 248 (freemen and inhabitants of existing boroughs), after subsection (1C) insert—
(1D) Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.
(3) Before Schedule 29 insert—
Schedule 1
Amendment of laws relating to freedoms of cities and towns
Introductory
1 (1) This Schedule makes provision for the laws relating to freedom of a city or town to be amended by, or pursuant to, a resolution of persons admitted to that freedom.
(2) The powers conferred by this Schedule are without prejudice to any other power to amend the law relating to freedom of a city or town.
(3) In this Schedule—
“appropriate national authority” means—
the Secretary of State, in relation to a city or town in England;
the Welsh Ministers, in relation to a city or town in Wales;
“enactment” includes in particular—
a royal charter or other instrument made under the royal prerogative;
any instrument made under an enactment.
Powers to amend law in respect of women and civil partners
2 (1) The purposes of this paragraph are—
(a) to provide for a woman to have the right to be admitted to freedom of a city or town in any or all circumstances where a man has that right;
(b) to enable a woman admitted to the freedom of a city or town (whether pursuant to this Schedule or otherwise) to use the title “freewoman”;
(c) to put a civil partner or surviving civil partner of a person admitted to freedom of a city or town in the same position as a spouse or surviving spouse of such a person.
(2) The appropriate national authority may by order amend an Act for any purpose of this paragraph, if the amendment is proposed by a qualifying resolution.
(3) A qualifying resolution may amend—
(a) any enactment other than an Act, or
(b) the law established by custom,
for any purpose of this paragraph.
(4) An amendment may not be made under this paragraph for the purpose specified in sub-paragraph (1)(a) if the effect of the amendment in any case or circumstances would be to deprive a man of the right to be admitted to freedom of a city or town.
(5) A provision of a public general Act may not be amended under this paragraph unless the provision relates only to—
(a) a particular city or town, or
(b) a specified group of cities or towns.
Power to amend royal charters
3 (1) Her Majesty may by Order in Council amend the law relating to rights of admission to freedom of a city or town where—
(a) the law is contained in a royal charter; and
(b) the amendment is proposed in a qualifying resolution.
(2) It is immaterial for the purposes of sub-paragraph (1) above whether the amendment is one which could be made under paragraph 2(3) above.
(3) An Order in Council under this paragraph is not a statutory instrument for the purposes of the Statutory Instruments Act 1946.
Powers to amend laws established by custom
4 (1) A qualifying resolution may amend the law relating to rights of admission to freedom of a city or town where the law is established by custom.
(2) The power in sub-paragraph (1) above does not include power to make an amendment which could be made under paragraph 2(3) above.
Consequential amendments
5 (1) The power to make an amendment under paragraph 2(2) above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—
(a) any enactment, or
(b) the law established by custom.
(2) The power to make an amendment under paragraph 2(3), 3 or 4 above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—
(a) any enactment other than an Act, or
(b) the law established by custom.
(3) Where an amendment is made under paragraph 2(3), 3 or 4 above, the appropriate national authority may by order make consequential amendments to any Act, if the consequential amendments are proposed by a qualifying resolution.
6 (1) Where by virtue of an amendment under paragraph 2, 3 or 4 above a person has the right of admission to freedom of city or town, the following amendments in particular are to be regarded as consequential for the purposes of this Schedule—
(a) an amendment for the purpose of putting that person in the same position as any other person admitted to that freedom;
(b) an amendment for the purpose of putting a person who by marriage, civil partnership, descent, employment or otherwise is or has been related to or associated with that person in the same position as a person correspondingly related to or associated with any other person admitted to that freedom;
(c) an amendment for the purpose of putting a person who is or has been related by marriage or civil partnership to a surviving spouse or civil partner or child of that person in the same position as a person correspondingly related to the surviving spouse or civil partner or child of any other person admitted to that freedom.
(2) In determining for the purposes of sub-paragraph (1) above whether one relationship corresponds with another, differences of gender are to be ignored.
Qualifying resolutions
7 (1) For the purposes of this Schedule, a “qualifying resolution” is a resolution—
(a) in relation to which the requirements of paragraph 8 below are complied with; and
(b) which is passed in accordance with paragraph 9 below.
8 (1) The requirements of this paragraph in relation to a resolution are as follows.
(2) The resolution must be proposed by three or more eligible persons.
(3) Voting on the resolution is to be by postal ballot.
(4) The proposers must make reasonable endeavours to secure that each eligible person is sent—
(a) a notice of the ballot, and
(b) a ballot paper.
(5) The notice must state—
(a) the resolution proposed,
(b) the purpose of the resolution, and
(c) the date by which ballot papers must be returned (the “voting date”).
(6) Any notice and ballot paper must be sent at least 28 days before the voting date.
(7) For the purposes of this paragraph, a notice or ballot paper is sent to a person on the day it is posted by first class post to the last known address of that person.
9 (1) A resolution is passed in accordance with this paragraph if—
(a) it is passed by a majority of the eligible persons voting on the resolution,
(b) the number of eligible persons voting on the resolution is at least 10% of the number of eligible persons to whom notice is sent under paragraph 8(4) above, and “ the resolution is notified to the relevant council within six weeks from the voting date. ”
(2) For the purposes of sub-paragraph (1)(c) above, the resolution is notified by delivery of the following documents to the relevant council—
(a) a copy of the resolution;
(b) a copy of the notice sent under paragraph 8(4) above;
(c) a statement in writing of the names of the eligible persons to whom the notice was sent;
(d) a statement in writing of the number of eligible persons who voted on the resolution and of the number who voted in favour of it;
(e) all ballot papers returned in accordance with the notice.
(3) The relevant council must keep the documents delivered under sub-paragraph (2) above, but need not keep those within paragraphs (b) to (e) of that sub-paragraph if it considers that it is no longer reasonably necessary to do so.
10 In paragraphs 8 and 9 above—
“eligible person” means a person whose name is on the roll of persons admitted to the freedom of the city or town concerned kept under section 248(2) above;
“relevant council” means—
in relation to a city or town in England—
the district council in whose area the city or town is situated, or
if the city or town is not in the area of a district council, the county council in whose area it is situated;
in relation to a city or town in Wales, the principal council in whose area the city or town is situated.
Order-making powers: supplementary
11 (1) A statutory instrument containing an order under this Schedule which contains an amendment to a public general Act is subject to annulment—
(a) by either House of Parliament, in the case of an order made by the Secretary of State;
(b) by the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
(4) In section 248—
(a) in subsection (1), after “this section”, in both places, insert “ and Schedule 28A ”;
(b) in subsection (2), for “freemen” substitute “ persons admitted to the freedom ”;
(c) in subsection (3)—
(i) for “as a freeman” substitute “ to the freedom ”;
(ii) for “his”, in both places, substitute “ the person's ”;
(iii) for “freemen” substitute “ persons admitted to the freedom ”;
(d) in subsection (4), in paragraphs (a), (b) and (c), for “freeman” substitute “ person admitted to the freedom ”.
(1) Section 249 of the Local Government Act 1972 (c. 70) (honorary aldermen and freemen) is amended as follows.
(2) In the heading, for “Honorary aldermen and freemen” substitute “ Honorary titles ”.
(3) In subsection (1) (power of principal councils to confer title of honorary aldermen), after “honorary aldermen” insert “ or honorary alderwomen ”.
(4) In subsection (2)—
(a) after “honorary alderman” insert “ or honorary alderwoman ”;
(b) after “as alderman” insert “ or alderwoman ”;
(c) after “as an alderman” insert “ or alderwoman ”.
(5) In subsection (4), after “honorary alderman” insert “ or honorary alderwoman ”.
(6) After that subsection insert—
(4A) A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.
(7) For subsections (5) to (9) (honorary freemen) there is substituted—
(5) Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—
(a) persons of distinction, and
(b) persons who have, in the opinion of the authority, rendered eminent services to that place or area.
(6) In this section “relevant authority” means—
(a) a principal council;
(b) a parish or community council;
(c) charter trustees in England constituted—
(i) under section 246 of the Local Government Act 1972,
(ii) by the Charter Trustees Regulations 1996 (SI 1996/263), or
(iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007.
(7) The power in subsection (5) above is exercisable by resolution of the relevant authority.
(8) A resolution under subsection (7) above must be passed—
(a) at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and
(b) by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.
(9) A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.
(10) The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.
(1) The Local Government and Housing Act 1989 (c. 42) is amended as follows.
(2) In section 2 (politically restricted posts), in subsection (2) omit—
(a) paragraphs (a) and (b), and
(b) in paragraph (c), the words “not falling within paragraph (a) or (b) above”.
(3) In section 3 (grant and supervision of exemptions from political restriction: Scotland and Wales), in subsection (3) omit—
(a) in paragraph (a), the word “and”,
(b) paragraph (b), and
(c) the words from “and it shall” to the end of the subsection.
(4) In section 3A (grant and supervision of exemptions from political restriction: England), in subsection (2) omit—
(a) in paragraph (a), the word “and”,
(b) paragraph (b), and
(c) the words from “and the relevant” to the end of the subsection.
(1) In the Local Government and Public Involvement in Health Act 2007 (c. 28), for section 123 (joint overview and scrutiny committees: local improvement targets) substitute—
Joint overview and scrutiny committees
123 (1) The Secretary of State may by regulations make provision under which any two or more local authorities in England may—
(a) appoint a joint committee (a “joint overview and scrutiny committee”), and
(b) arrange for the committee to exercise any functions in subsection (2).
(2) The functions in this subsection are functions of making reports or recommendations to—
(a) any of the local authorities appointing the committee (the “appointing authorities”), or
(b) if any of the appointing authorities is a non-unitary district council, the related county council,
about any matter which is not an excluded matter.
(3) In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—
(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or
(b) by virtue of subsection (3)(a) of that section.
(4) In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.
(5) Regulations under this section may in particular—
(a) provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;
(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—
(i) section 21(4) and (6) to (12) of the Local Government Act 2000,
(ii) sections 21A to 21D of that Act, or
(iii) section 246 of, and Schedule 17 to, the National Health Service Act 2006,
with or without modifications;
(c) make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).
(6) In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—
(a) in the case of an appointing authority which is a non-unitary district council—
(i) the related county council, and
(ii) any person who is a partner authority in relation to the related county council;
(b) in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.
(7) In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include a police authority or a chief officer of police.
(8) Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).
(9) Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.
(10) In this section—
“local authority” has the same meaning as in Part 2 of the Local Government Act 2000;
“non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).
(2) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (2A)(e), for the words from “(joint” to the end substitute “ (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned ”.
(1) Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended as follows.
(2) In Part 1, after the heading “Field 12: local government”, after the entry relating to Matter 12.5 insert—
Matter 12.6
Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.
This matter does not include—
(a) direct elections to executives of principal councils, or
(b) the creation of a form of executive requiring direct elections.
For the purposes of this matter—
(a) “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000;
(b) “principal council” means a county or county borough council;
(c) “direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).
(3) In that Part, after the entry relating to Matter 12.6 (as inserted by subsection (2) above) insert—
Matter 12.7
Committees of principal councils with functions of—
(a) review or scrutiny, or
(b) making reports or recommendations.
This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).
For the purposes of this matter “principal council” means a county or county borough council.
55 Local Government Boundary Commission for England
(1) The Local Government Boundary Commission for England is established as a body corporate.
(2) The Local Government Boundary Commission for England is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
(3) Accordingly, the property of the Local Government Boundary Commission for England is not to be regarded as the property of the Crown or as property held on behalf of the Crown.
(4) The Local Government Boundary Commission for England may do anything, except borrow money, which is calculated to facilitate, or is incidental or conducive to, the exercise of its functions.
(5) Schedule 1 (which makes further provision about the constitution and administration of the Local Government Boundary Commission for England) is part of this Part.
(1) The Local Government Boundary Commission for England must from time to time—
(a) conduct a review of the area of each principal council, and
(b) recommend whether a change should be made to the electoral arrangements for that area.
(2) The Local Government Boundary Commission for England may at any time—
(a) conduct a review of all or any part of the area of a principal council, and
(b) recommend whether a change should be made to the electoral arrangements for the area of the principal council.
(3) In this Part “principal council” means—
(a) a county council in England;
(b) a district council;
(c) the Council of the Isles of Scilly;
(d) a London borough council.
(4) In this Part “electoral arrangements”, in relation to the area of a principal council, means—
(a) the total number of members of the council (“councillors”),
(b) the number and boundaries of electoral areas for the purposes of the election of councillors,
(c) the number of councillors to be returned by any electoral area in that area, and
(d) the name of any electoral area.
(5) Where under this section the Local Government Boundary Commission for England recommends that a change should be made to the electoral arrangements for the area of a principal council, the Commission must also recommend whether, in consequence, a change should be made to the electoral arrangements for the area of any parish council, where that area is within the area of the principal council.
(6) In this Part “electoral arrangements”, in relation to the area of a parish council, means—
(a) the total number of members of the parish council (“parish councillors”),
(b) arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors,
(c) the number and boundaries of any wards,
(d) the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish, and
(e) the name of any ward.
(7) Section 6(2)(a) of the Local Government Act 1972 (c. 70) (electoral divisions of non-metropolitan county to return one councillor each) does not limit the recommendations that may be made under this section.
(8) Schedule 2 (which makes further provision relating to recommendations under this section) is part of this Part.
(9) A principal council or parish council must, if requested by the Local Government Boundary Commission for England to do so, provide the Commission, by such date as it may specify, with any information that it may reasonably require in connection with its functions under this section.
57 Requests for review of single-member electoral areas
(1) A principal council which falls within subsection (3) may request the Local Government Boundary Commission for England to—
(a) conduct a review of the council's area under section 56(2)(a), and
(b) make recommendations as to single-member electoral areas under section 56(2)(b).
(2) In this section “recommendations as to single-member electoral areas” means recommendations, for each electoral area in the area of a principal council, as to whether the electoral area should return one member of the council.
(3) A principal council falls within this subsection if—
(a) it is not the case that each of the electoral areas in the council's area returns one member of the council, and
(b) the council is subject to a scheme for whole-council elections.
(4) For the purposes of subsection (3)(b) a principal council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of members of the council are to be held, all the members of the council are to be elected.
(4A) A district council is also “subject to a scheme for whole-council elections” for those purposes if—
(a) section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but
(b) by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held.
(5) If the Local Government Boundary Commission for England grants a request under this section, in making its recommendations it must (in addition to the matters to be considered pursuant to Schedule 2) have regard to the desirability of securing that each electoral area in the principal council's area should return one member of the council.
(6) If the Local Government Boundary Commission for England decides not to grant a principal council's request under this section, it must notify the council of its decision and the reasons for it.
(7) Nothing in this section prevents the Local Government Boundary Commission for England, when making recommendations as to single-member electoral areas pursuant to subsection (1), from making other recommendations under section 56(2)(b).
(8) In subsections (2) and (5), references to electoral areas are, in relation to a case where the Local Government Boundary Commission for England makes recommendations for change to the number or boundaries of electoral areas in the area of a principal council, to the recommended electoral areas.
(1) As soon as reasonably practicable after deciding to conduct a review under section 56, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of—
(a) the fact that the review is to take place, and
(b) any particular matters to which the review is to relate.
(2) In conducting a review under section 56, the Local Government Boundary Commission for England must—
(a) prepare and publish draft recommendations,
(b) take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and
(c) take into consideration any representations made to the Local Government Boundary Commission for England within that period.
(3) The Local Government Boundary Commission for England may at any time before publishing draft recommendations under subsection (2)(a) consult such persons as it considers appropriate.
(4) As soon as practicable after conducting a review under section 56, the Local Government Boundary Commission for England must—
(a) publish a report stating its recommendations, and
(b) take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them.
(1) Where a report under section 58(4) contains recommendations for electoral changes, the Local Government Boundary Commission for England may by order give effect to all or any of the recommendations.
(2) An order under this section may in particular include provision as to—
(a) the total number of members of any principal council or parish council (“councillors”);
(b) the number and boundaries of electoral areas for the purposes of the election of councillors;
(c) the number of councillors to be returned by any electoral area;
(d) the name of any electoral area;
(e) the election of councillors for any electoral area;
(f) the order of retirement of councillors;
(g) the ordinary year of election for a parish council.
(3) An order under this section may not require or authorise the holding of an election for membership of a principal council otherwise than at an ordinary election for that council.
(4) An order under this section may—
(a) contain incidental, consequential, supplementary or transitional provision, or savings;
(b) make different provision for different cases, including different provision for different areas or councils.
(5) The provision referred to in subsection (4)(a) may include provision—
(a) applying any instrument made under an enactment, with or without modifications,
(b) extending, excluding or amending any such instrument, or
(c) repealing or revoking any such instrument.
(6) Where the Local Government Boundary Commission for England is satisfied that—
(a) a mistake has occurred in the preparation of an order under subsection (1), and
(b) the mistake is such that it cannot be rectified by a subsequent order under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),
the Local Government Boundary Commission for England may by order under this subsection make such provision as it thinks necessary or expedient for rectifying the mistake.
(7) In subsection (6), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on information supplied by any public body which is inaccurate or incomplete.
(8) An order under this section is to be made by statutory instrument.
(9) A draft of a statutory instrument containing an order under this section is to be laid before Parliament before the instrument is made.
60 Transfer of functions relating to boundary change
(1) The functions of the Electoral Commission's Boundary Committee under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (structural and boundary change) are, subject to this Part, transferred to the Local Government Boundary Commission for England.
(2) The functions of the Electoral Commission under the enactments specified in subsection (3) are, subject to the following provisions of this Part, transferred to the Local Government Boundary Commission for England.
(3) Those enactments are—
(a) section 2(4) of the Greater London Authority Act 1999 (c. 29) (constituencies for the Greater London Assembly);
(b) Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 (electoral arrangements);
(c) section 59 of that Act (change of name of electoral area);
(d) Chapter 3 of Part 4 of that Act (parish re-organisation).
(4) In this Part, the “Electoral Commission's Boundary Committee” means the Boundary Committee for England constituted by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41).
61 Removal of functions relating to boundary and electoral change
(1) The duty of the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41) to establish Boundary Committees is abolished so far as relating to England.
(2) Accordingly, the following provisions of that Act are repealed—
(a) section 14 (Boundary Committees), so far as relating to England;
(b) section 15 (Deputy Electoral Commissioners).
(3) In that Act, the following provisions (which provide for the transfer of functions etc to the Electoral Commission and which are not in force or in force only to a limited extent) are repealed—
(a) section 14 (Boundary Committees) so far as relating to Scotland, Wales and Northern Ireland;
(b) sections 16 and 17 (transfer of functions and property etc of Boundary Commissions to the Electoral Commission);
(c) sections 19 and 20 (transfer of functions of Local Government Boundary Commissions for Scotland and Wales to Electoral Commission);
(d) Part 1 of Schedule 3 (amendments relating to the transfer of functions of Boundary Commissions);
(e) in Schedule 22 (repeals), the entries relating to the Parliamentary Constituencies Act 1986 (c. 56) and the Boundary Commissions Act 1992 (c. 55).
(1) For the purpose of the exercise of functions conferred on the Local Government Boundary Commission for England by or under this Part, the Electoral Commission must make one or more schemes for the transfer of property, rights and liabilities from the Electoral Commission to the Local Government Boundary Commission for England.
(2) The Electoral Commission may not make a scheme under this section—
(a) without consulting the Secretary of State;
(b) without the consent of the Electoral Commission's Boundary Committee.
(3) If the Electoral Commission and the Electoral Commission's Boundary Committee fail to agree on the provision to be included in a scheme under this section, the Secretary of State may by order specify the provision to be included in the scheme.
(4) A scheme under this section must be made on or before—
(a) 31 December 2009, or
(b) such later date as the Secretary of State may by order specify.
(5) A transfer under a scheme under this section has effect in accordance with the terms of the scheme.
(6) A transfer under a scheme under this section may have effect—
(a) whether or not the property, rights and liabilities would otherwise be capable of being transferred;
(b) without any instrument or other formality being required.
(7) The rights and liabilities which may be transferred by a scheme under this section include rights and liabilities in relation to a contract of employment.
(8) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to the transfer under a scheme under this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).
(9) A scheme under this section may define the property, rights and liabilities to be transferred by specifying or describing them.
(10) A scheme under this section may include supplementary, incidental, transitional and consequential provision and may in particular—
(a) make provision for the continuing effect of things done by the Electoral Commission in relation to anything transferred by the scheme;
(b) make provision for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the Electoral Commission in relation to anything transferred by the scheme;
(c) make provision for references to the Electoral Commission in an agreement (whether written or not), instrument or other document in relation to anything transferred by the scheme to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the Local Government Boundary Commission for England;
(d) make provision for the shared ownership or use of any property or facilities.
(11) Where a scheme has been made under this section, the Electoral Commission and the Local Government Boundary Commission for England may (subject to any order under this section) agree in writing to modify the scheme; and any such modification is to have effect as from the date the original scheme came into effect.
(12) An order under this section is to be made by statutory instrument.
(13) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Anything done before the relevant day by the Electoral Commission's Boundary Committee for the purposes of the discharge of its functions under Part 2 of the Local Government Act 1992 (c. 19) may for the purposes of the discharge of any function of the Local Government Boundary Commission for England under any of sections 56 to 59 be regarded as having been done by the Local Government Boundary Commission for England under that section.
(2) In subsection (1) “relevant day” means the day on which section 56 comes into force.
(3) Anything done before the relevant day by the Electoral Commission's Boundary Committee for the purposes of the discharge of any function referred to in section 60(1) may for the purposes of the discharge of that function by the Local Government Boundary Commission for England under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (c. 28) be regarded as having been done by the Local Government Boundary Commission for England under that Chapter.
(4) Anything done before the relevant day by the Electoral Commission for the purposes of the discharge of any function under an enactment specified in section 60(3) may for the purposes of the discharge of that function by the Local Government Boundary Commission for England under that enactment be regarded as having been done by the Local Government Boundary Commission for England under that enactment.
(5) In subsections (3) and (4), “relevant day” means the day on which section 60 comes into force.
(1) Schedule 3 (which makes modifications to Part 2 of the Local Government Act 1992 (c. 19) for an interim period) is part of this Part.
(2) Where the Electoral Commission receives recommendations under Part 2 of the Local Government Act 1992 before the day on which this Act is passed, it must determine whether to give effect to any or all of those recommendations on or before 31 March 2010.
65 Electoral changes consequential on boundary change in England
(1) Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change) is amended as follows.
(2) In section 8 (review of local government areas) after subsection (6) insert—
(6A) Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—
(a) the electoral arrangements of the area of a local authority;
(b) the electoral arrangements of the area of a parish council.
(6B) In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—
(a) the total number of members of the local authority (“councillors”);
(b) the number and boundaries of electoral areas for the purposes of the election of councillors;
(c) the number of councillors to be returned by any electoral area in that area; and
(d) the name of any electoral area.
(6C) In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—
(a) the total number of members of the parish council (“parish councillors”);
(b) arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;
(c) the number and boundaries of any wards;
(d) the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and
(e) the name of any ward.
(6D) Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).
(6E) Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.
(3) In that section, in subsection (7), for “subsection (1), (2), (5) or (6)” substitute “ this section ”.
(4) In section 10 (implementation of recommendations), after subsection (2) insert—
(2A) Subsections (2B) to (2D) apply where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(6A) or (6E) in consequence of a recommendation under section 8(2).
(2B) Where under subsection (1)(a) the Secretary of State implements the recommendation under section 8(2) without modification, the Secretary of State must by order implement the recommendation under section 8(6A) or (6E).
(2C) Where pursuant to subsection (1)(a) the Secretary of State proposes to implement the recommendation under section 8(2) with modification, the Secretary of State must request the Local Government Boundary Commission to recommend whether a modification is needed to their recommendation under section 8(6A) or (6E).
(2D) Where under section (1)(a) the Secretary of State implements a recommendation under section 8(2) with modification—
(a) if the Local Government Boundary Commission have recommended under subsection (2C) that a modification is needed to their recommendation under section 8(6A) or (6E), the Secretary of State must by order implement the recommendation under section 8(6A) or (6E) with that modification;
(b) if the Local Government Boundary Commission have recommended under subsection (2C) that no modification is needed to the recommendation under section 8(6A) or (6E), the Secretary of State must by order implement that recommendation.
(5) In section 11 (implementation orders: provision that may be included)—
(a) in subsection (3), at the end insert—
(i) electoral matters within the meaning of section 12.
;
(b) in subsection (4), omit paragraph (d).
(6) In section 12 (provision relating to membership etc of authorities), in subsection (1)—
(a) for “section 11(4)” substitute “ section 11(3) ”;
(b) at the end insert—
(l) the ordinary year of election for a parish council.
The following provisions (which relate to the Local Government Commission for England) are repealed—
(a) in the Local Government Act 1992 (c. 19), section 12 and Schedule 2;
(b) in the Political Parties, Elections and Referendums Act 2000 (c. 41), section 18.
(1) Schedule 4 (which contains amendments consequential on, and supplementary to, this Part) is part of this Part.
(2) The Secretary of State may by order make such other provision as the Secretary of State considers appropriate in consequence of any provision made by this Part.
(3) The power conferred in subsection (2) includes power to amend, repeal or revoke provision contained in an enactment passed or made before the day on which this Act is passed.
(4) A order under subsection (2) is to be made by statutory instrument.
(5) A statutory instrument containing an order under subsection (2) which includes provision—
(a) amending or repealing provision contained in an Act, or
(b) amending or revoking provision contained in an instrument of which a draft was required to be laid before and approved by a resolution of each House of Parliament,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of each House of Parliament.
(6) A statutory instrument containing any other order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“the Electoral Commission's Boundary Committee” has the meaning given by section 60(4);
“electoral arrangements” has the meaning given in section 56(4) and (6);
“principal council” has the meaning given in section 56(3).
69 Local authority and strategic authority economic assessments
(1) A relevant authority in England must prepare an assessment of the economic conditions of its area.
(2) A relevant authority may revise the assessment, or any part or aspect of it, at any time.
(3) In this Part “relevant authority” means—
(a) a county council;
(b) a district council, other than a non-unitary district council;
(c) a London borough council;
(d) the Common Council of the City of London in its capacity as a local authority;
(e) the Council of the Isles of Scilly;
(f) a combined authority;
(g) a combined county authority.
(4) In discharging its functions under this section, a relevant authority must consult such persons as it considers appropriate.
(5) Where a relevant authority is a county council for an area for which there is a district council, the following duties also apply in relation to the discharge by the county council of its functions under this section—
(a) the county council must consult and seek the participation of the district council;
(b) the county council must have regard to any material produced by the district council in the discharge of the district council's functions under section 13 of the Planning and Compulsory Purchase Act 2004 (c. 5);
(c) the district council must co-operate with the county council.
(5A) Where a relevant authority is a combined authority or combined county authority, the following duties also apply in relation to the discharge by the authority of its functions under this section—
(a) the combined authority or combined county authority must consult and seek the participation of the constituent councils and any other local district council;
(b) the combined authority or combined county authority must have regard to any material produced by a constituent council or any other local district council in the discharge of the council's functions under section 13 of the Planning and Compulsory Purchase Act 2004;
(c) the constituent councils and any other local district council must co-operate with the combined authority or combined county authority.
(6) A relevant authority must have regard to any guidance given by the Secretary of State—
(a) as to what an assessment under this section should contain and how it should be prepared;
(b) as to when to prepare an assessment under subsection (1);
(c) as to when to revise any assessment, or any part or aspect of an assessment, under subsection (2).
(7) Before giving guidance under subsection (6) the Secretary of State must consult—
(a) such representatives of local government (including combined authorities and combined county authorities) as the Secretary of State considers appropriate, and
(b) such other persons (if any) as the Secretary of State considers appropriate.
(7A) Where a relevant authority is a constituent council of a combined authority or combined county authority, any requirement in any legislation for the relevant authority to exercise a function under this section may be fulfilled by the exercise of that function by the combined authority or combined county authority.
(8) In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009);
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“constituent council” means—
in relation to a combined authority—
a county council the whole or any part of whose area is within the area of the authority, or
a district council whose area is within the area of the authority;
in relation to a combined county authority—
a county council for an area within the area of the authority, or
a unitary district council for an area within the area of the authority;
“other local district council” means a district council—
whose area is within the area of a combined authority or combined county authority, but
which is not a constituent council;
“unitary district council” means a district council whose area is not part of the area of a county council.