Local Government Act 2000 (c. 22)

(The document as of February, 2008)

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(a) such local authorities or representatives of local authorities as appear to him or it to be appropriate,

(b) such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and

(12) In this section--

"local authority" means--
(a)
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
(b)
in relation to Wales, a county council or a county borough council,
"welfare services" includes services which provide support, assistance, advice or counselling to individuals with particular needs.

94 Disclosure of information

(1) Subsection (3) applies to information which is held by, or by a person providing services to, the Secretary of State and which relates to income support or income-based jobseeker's allowance.

(2) Subsection (3) also applies to information relating to housing benefit which is held by--

(a) an authority administering housing benefit, or

(b) a person authorised to exercise any function of such an authority relating to housing benefit.

(3) Information to which this subsection applies may be supplied to--

(a) a local authority to which any grant is or will be paid under section 93, or

(b) a person authorised to exercise any function of that authority relating to that grant,

for purposes connected with the application of that grant towards expenditure falling within section 93(1) or (2) (as the case may be).

(4) Information which is supplied to an authority or other person under subsection (3) may be supplied by the authority or person to a person who provides qualifying welfare services for purposes connected with the provision of those services.

(5) For the purposes of this section a person is to be regarded as providing qualifying welfare services if--

(a) he provides welfare services,

(b) a local authority contribute or will contribute to the expenditure incurred by him in providing those services, and

(c) that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the authority under section 93.

(6) In this section "local authority" and "welfare services" have the same meaning as in section 93.

(7) The Secretary of State may by order make such modifications of this section as he considers necessary or expedient in consequence of any provision corresponding to section 93 which is enacted by the Scottish Parliament.

95 Unauthorised disclosure of information

(1) The persons to whom this section applies are--

(a) any person ("the recipient") to whom information is supplied by virtue of section 94,

(b) any person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of the recipient, and

(2) A person to whom this section applies is guilty of an offence if he discloses without lawful authority any information which is supplied by virtue of section 94 and which relates to a particular person.

(3) It is not an offence under this section--

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence--

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(5) A person guilty of an offence under this section is to be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(6) For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made--

(a) in accordance with section 94(4) or any other enactment,

(b) in accordance with an order of a court,

(d) with the consent of the appropriate person (as defined in section 123(10) of the [1992 c. 5.] Social Security Administration Act 1992).

96 Housing benefit

(1) Section 130 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (housing benefit) is amended as follows.

(2) At the end of subsection (2) there is inserted-- " but this subsection is subject to subsection (2A).

(2A) Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not "payments in respect of a dwelling" for the purposes of subsection (1). "

(3) After subsection (4) there is inserted--

" (4A) Regulations under subsection (2A) above may make provision with respect to particular areas, particular authorities or particular descriptions of authority. "

Access to information

97 Background papers

(1) In section 100D of the [1972 c. 70.] Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted--

" (1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public--

(a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council. "

(2) In subsection (2) the words "of the list, or" are omitted.

98 Meetings and documents: notice etc

(1) In section 100K of the [1972 c. 70.] Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted--

" (3) The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.

(4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(2) In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted--

" 4A (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.

(2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Allowances and pensions

99 Allowances and pensions for certain local authority members

(1) The provision which may be made by regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of a local authority as may be prescribed by the regulations.

(2) In subsection (1) "local authority" has the same meaning as in Part II of this Act.

(3) Section 18 of the [1989 c. 42.] Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.

(4) At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted--

" (1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b). "

(5) After subsection (2) there is inserted--

" (2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members. "

(6) In subsection (3), for "and (2)" there is substituted "to (2A)".

(7) After subsection (3) there is inserted--

" (3A) Regulations under this section may make provision for or in connection with--

(a) enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,

(b) treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.

(3B) Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.

(3C) Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.

(3D) Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.

(3E) Regulations under subsection (3B) above may include provision--

(a) with respect to the number of persons who may or must be appointed to the panel of a council,

(b) with respect to the persons who may or must be appointed to the panel of a council,

(3F) Regulations under subsection (3C) may include provision--

(a) with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,

(b) with respect to the persons who may or must be appointed to such a panel.

(3G) Regulations under subsection (3B), (3C) or (3D) may include provision--

(a) for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,

(b) for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,

(8) In subsection (4), for the word "and" at the end of paragraph (b) there is substituted--

" (ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and " .

(9) After subsection (5) there is inserted--

" (5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State. "

100 Power to make provision about allowances

(1) The Secretary of State may by regulations make provision with respect to--

(a) allowances payable to members of a parish council,

(b) travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed,

(c) allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings,

(d) the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed.

(2) For the purposes of this section a member of a committee or sub-committee of a relevant authority is to be treated as a member of the authority.

(3) The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.

(4) The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the [1972 c. 70.] Local Government Act 1972.

(5) Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

(6) In this section--

"prescribed" means prescribed by regulations made by the Secretary of State,
"relevant authority" means--
(a)
a body specified in section 21(1) of the [1989 c. 42.] Local Government and Housing Act 1989,
(b)
a body on which a body falling within paragraph (a) is represented,
(c)
a parish council.

(7) In its application to Wales this section has effect as if--

(a) for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales,

(b) for any reference to a parish council there were substituted a reference to a community council.

Indemnification of members and officers of relevant authorities

101 Indemnification of members and officers of relevant authorities

(1) The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England and police authorities in Wales to provide indemnities to some or all of their members and officers.

(2) The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales (other than police authorities) to provide indemnities to some or all of their members and officers.

(3) An order under this section may apply--

(a) to all relevant authorities, or

(b) to any particular description of relevant authority.

(4) Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult--

(a) such representatives of relevant authorities,

(b) such representatives of employees of relevant authorities, and

as he or it considers appropriate.

(5) In this section--

"member", in relation to a relevant authority, includes--
(i)
a member of any committee or sub-committee of the authority, or
(ii)
a person who is a member of, and represents the authority on, any joint committee or sub-committee,
"police authority" and "relevant authority" have the same meaning as in Part III of this Act.

Social services functions

102 Social services functions

(1) Sections 2 to 5 of the [1970 c. 42.] Local Authority Social Services Act 1970 (establishment and operation of social services committees) do not apply to a local authority (within the meaning of that Act) which are operating executive arrangements (within the meaning of Part II of this Act).

(2) Section 6(5) of that Act (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.

(3) After section 1 of that Act there is inserted the following section--

" 1A Meaning of "social services functions"

For the purposes of this Act the social services functions of a local authority are--

(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and

(b) such other of their functions as the Secretary of State may designate by an order made under this section. "

Recoupment by local authorities of cost of providing day care

103 Recoupment by local authorities of cost of providing day care

(1) In subsection (3) of section 29 of the [1989 c. 41.] Children Act 1989 (recoupment of cost of providing services etc.), after "subsection (1)" there is inserted "for a service provided under section 17 or section 18(1) or (5)".

(2) After that subsection there is inserted--

" (3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker's allowance. "

Prohibition on promoting homosexuality: bullying

104 Prohibition on promoting homosexuality: bullying

In section 2A of the [1986 c. 10.] Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material), at the end of subsection (2) there is inserted " ; or

(b) prevent the headteacher or governing body of a maintained school, or a teacher employed by a maintained school, from taking steps to prevent any form of bullying " .

Part VI Supplemental

105 Orders and regulations

(1) Any power to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Any order or regulations under this Act--

(a) may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,

(b) may make different provision for different cases, authorities or descriptions of authority.

(3) The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).

(4) The power under subsection (3) to modify an enactment is a power--

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(5) Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument which contains an order under section 3(3), 5, 6, 49 or 101, or regulations under section 11(5), 31(1)(b), 32, 44 or 45, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) Subsection (5) does not apply to a statutory instrument which contains an order under section 108.

(8) In this section "enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978).

106 Wales

(1) In their application to Wales--

(a) Part II (but not section 44 or paragraph 7 of Schedule 1),

(b) Part IV, and

have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

(2) Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.

(3) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.

(4) Subsection (3) does not affect the power to make further Orders varying or omitting that reference.

107 Minor and consequential amendments and repeals

(1) Schedule 5 (minor and consequential amendments) has effect.

(2) The repeals set out in Schedule 6 have effect.

108 Commencement

(1) This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.

(2) The following provisions of this Act--

(a) Part IV,

(b) section 104, and

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--

(a) section 90, 91, and 93 to 96,

(b) in Schedule 5, paragraphs 8, 12, 13, 15, 25, 26 and 34,

(i) in section 80(1)(e) of the [1972 c. 70.] Local Government Act 1972,

(ii) of sections 94 to 98 and 105 of that Act,

(iii) in section 265A(1)(b) of that Act,

(iv) of the provisions of the [1974 c. 7.] Local Government Act 1974, the [1985 c. 51.] Local Government Act 1985, the [1985 c. 67.] Transport Act 1985 and the [1986 c. 60.] Financial Services Act 1986 specified in Schedule 6,

(v) of sections 19, 31 and 32(1) of the [1989 c. 42.] Local Government and Housing Act 1989,

(vi) in Schedule 11 to that Act,

(vii) of the provisions of the [1992 c. 14.] Local Government Finance Act 1992, the [1994 c. 19.] Local Government (Wales) Act 1994, the [1994 c. 29.] Police and Magistrates' Courts Act 1994, the Environment Act 1995, the [1995 c. 25.] Police [1996 c. 16.] Act 1996, the Police Act 1997, the [1997 c. 50.] Audit [1998 c. 18.] Commission Act 1998 and the [1999 c. 29.] Greater London Authority Act 1999 specified in Schedule 6,

come into force on such day as the Secretary of State may by order appoint.

(4) Subject to subsections (5) and (6), the remaining provisions of this Act come into force at the end of the period of 12 months beginning with the day on which this Act is passed.

(5) The Secretary of State may by order provide--

(a) for paragraphs 17 and 18 of Schedule 4 to come into force before the time appointed by subsection (4),

(b) for paragraph 28 of Schedule 5 to come into force before the time appointed by that subsection,

(c) for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or

(d) for any of the other provisions mentioned in that subsection to come into force in relation to England before the time appointed by that subsection.

(6) The National Assembly for Wales may by order provide--

(a) for paragraph 28 of Schedule 5 to come into force before the time appointed by subsection (4), or

(b) for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time appointed by that subsection.

(7) An order under subsection (3), (5) or (6) may appoint different days for different purposes.

109 Short title and extent

(1) This Act may be cited as the Local Government Act 2000.

(2) Subject to subsections (3) and (4), this Act extends to England and Wales only.

(3) Sections 94 to 96, 105 and 108 extend also to Scotland.

(4) This section, paragraphs 17 and 18 of Schedule 4 and paragraph 28 of Schedule 5 extend also to Scotland and Northern Ireland.

SCHEDULES

Section 23.

SCHEDULE 1 Executive arrangements: further provision

Mayor and cabinet executives

1 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.

(2) Subject to section 11(8), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).

(3) The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).

(4) Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.

(5) The elected mayor may, if he thinks fit, remove the deputy mayor from office.

(6) Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.

(7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.

(8) If for any reason--

(a) the elected mayor is unable to act or the office of elected mayor is vacant, and

(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,

the executive must act in the elected mayor's place or must arrange for a member of the executive to act in his place.

(9) In the case of a local authority in Wales, the deputy mayor is entitled to the style of "dirprwy faer".

Leader and cabinet executives

2 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive.

(2) The executive arrangements may include provision with respect to--

(a) the election and term of office of the executive leader, and

(b) the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).

(3) Subject to section 11(8), the executive arrangements must include provision which either--

(a) enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or

(b) enables the executive leader to determine the number of councillors who may be so appointed.

(4) Section 101 of the [1972 c. 70.] Local Government Act 1972 does not apply to the function of determining the number of councillors under sub-paragraph (2)(a).

Mayor and council manager executives

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