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Local Democracy, Economic Development and Construction Act 2009

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Democracy and involvement

    1. Chapter 1 Duties relating to promotion of democracy

      1. Duties of principal local authorities

        1. 1.Democratic arrangements of principal local authorities

        2. 2.Democratic arrangements of connected authorities

        3. 3.Monitoring boards, courts boards and youth offending teams

        4. 4.Lay justices

      2. Supplementary

        1. 5.Provision of information

        2. 6.Guidance

        3. 7.Isles of Scilly

      3. General

        1. 8.Orders

        2. 9.Interpretation

    2. Chapter 2 Petitions to local authorities

      1. Electronic petitions

        1. 10.Electronic petitions

      2. Petition schemes

        1. 11.Petition schemes

        2. 12.Petitions to which a scheme must apply

        3. 13.Requirement to acknowledge

        4. 14.Requirement to take steps

        5. 15.Requirement to debate

        6. 16.Requirement to call officer to account

        7. 17.Review of steps

        8. 18.Supplementary scheme provision

      3. Supplementary

        1. 19.Powers of appropriate national authority

        2. 20.Handling of petitions by other bodies

      4. General

        1. 21.Orders

        2. 22.Interpretation

    3. Chapter 3 Involvement in functions of public authorities

      1. 23.Duty of public authorities to secure involvement

      2. 24.Duty of public authorities to secure involvement: guidance

    4. Chapter 4 Housing

      1. 25.Establishment and assistance of bodies representing tenants etc

      2. 26.Consultation of bodies representing tenants etc

    5. Chapter 5 Local freedoms and honorary titles

      1. 27.Local freedoms

      2. 28.Power to amend law relating to local freedoms

      3. 29.Honorary titles

    6. Chapter 6 Politically restricted posts

      1. 30.Politically restricted posts

  3. Part 2 Local authorities: governance and audit

    1. Chapter 1 Governance

      1. 31.Scrutiny officers

      2. 32.Joint overview and scrutiny committees

      3. 33.Powers of National Assembly for Wales

    2. Chapter 2 Mutual insurance

      1. 34.Mutual insurance

      2. 35.Mutual insurance: supplementary

    3. Chapter 3 Audit of entities connected with local authorities

      1. Preliminary

        1. 36.Overview

        2. 37.Notification duties of local authorities

      2. Power to appoint auditor

        1. 38.Power to appoint auditor

        2. 39.Power to appoint replacement auditor

        3. 40.Exclusions

      3. Auditors

        1. 41.Eligibility for appointment

        2. 42.Terms of appointment

      4. Audit of accounts

        1. 43.Right of entity to appoint auditor to conduct statutory audit

        2. 44.Functions of auditor not appointed to conduct statutory audit

      5. Public interest reports

        1. 45.Public interest reports

        2. 46.Codes of practice

        3. 47.Access to information

        4. 48.Consideration of report by entity

        5. 49.Consideration of report by local authority

      6. Supplementary

        1. 50.Fees

        2. 51.Power of audit authority to require information

        3. 52.Subsidiaries of Passenger Transport Executives

      7. General

        1. 53.Regulations

        2. 54.Interpretation

  4. Part 3 Local government boundary and electoral change

    1. Establishment of the Local Government Boundary Commission for England

      1. 55.Local Government Boundary Commission for England

    2. Local Government Boundary Commission for England: functions relating to electoral change

      1. 56.Review of electoral arrangements

      2. 57.Requests for review of single-member electoral areas

      3. 58.Review procedure

      4. 59.Implementation of review recommendations

    3. Local Government Boundary Commission for England: functions relating to boundary change

      1. 60.Transfer of functions relating to boundary change

    4. Termination of involvement of Electoral Commission

      1. 61.Removal of functions relating to boundary and electoral change

      2. 62.Transfer schemes

    5. Transitional

      1. 63.Continuity of functions

      2. 64.Interim provision

    6. Miscellaneous

      1. 65.Electoral changes consequential on boundary change in England

      2. 66.Repeal of redundant provisions

    7. General

      1. 67.Consequential and supplementary provision

      2. 68.Interpretation

  5. Part 4 Local authority economic assessments

    1. 69.Local authority economic assessments

  6. Part 5 Regional strategy

    1. Regional strategy

      1. 70.Regional strategy

    2. Authorities relevant to this Part

      1. 71.Leaders’ Boards

      2. 72.Responsible regional authorities

    3. Sustainable development

      1. 73.Sustainable development

    4. Revisions of regional strategy

      1. 74.Review and revision by responsible regional authorities

      2. 75.Community involvement

      3. 76.Examination in public

      4. 77.Matters to be taken into account in revision

      5. 78.Approval of revision by Secretary of State

      6. 79.Reserve powers of Secretary of State

      7. 80.Revision: supplementary

    5. Implementation of strategy

      1. 81.Implementation

    6. Effect of strategy

      1. 82.Regional strategy as part of the development plan

      2. 83.Duties of regional development agencies

    7. Supplementary

      1. 84.Guidance and directions

      2. 85.Consequential provision

    8. General

      1. 86.Regulations

      2. 87.Interpretation

  7. Part 6 Economic prosperity boards and combined authorities

    1. EPBs and their areas

      1. 88.EPBs and their areas

    2. Constitution and functions of EPBs

      1. 89.Constitution

      2. 90.Constitution: membership and voting

      3. 91.Exercise of local authority functions

      4. 92.Funding

      5. 93.Accounts

      6. 94.Change of name

    3. Changes to and dissolution of an EPB’s area

      1. 95.Changes to boundaries of an EPB’s area

      2. 96.Dissolution of an EPB’s area

    4. Requirements in connection with orders about EPBs

      1. 97.Review by authorities: new EPB

      2. 98.Preparation and publication of scheme: new EPB

      3. 99.Requirements in connection with establishment of EPB

      4. 100.Review by authorities: existing EPB

      5. 101.Preparation and publication of scheme: existing EPB

      6. 102.Requirements in connection with changes to existing EPB arrangements

    5. Combined authorities and their areas

      1. 103.Combined authorities and their areas

      2. 104.Constitution and functions: transport

      3. 105.Constitution and functions: economic development and regeneration

      4. 106.Changes to boundaries of a combined authority’s area

      5. 107.Dissolution of a combined authority’s area

    6. Requirements in connection with orders about combined authorities

      1. 108.Review by authorities: new combined authority

      2. 109.Preparation and publication of scheme: new combined authority

      3. 110.Requirements in connection with establishment of combined authority

      4. 111.Review by authorities: existing combined authority

      5. 112.Preparation and publication of scheme: existing combined authority

      6. 113.Requirements in connection with changes to existing combined arrangements

    7. Supplementary

      1. 114.Incidental etc provision

      2. 115.Transfer of property, rights and liabilities

      3. 116.Consequential amendments

      4. 117.Orders

      5. 118.Guidance

      6. 119.Amendments relating to EPBs and combined authorities

      7. 120.Interpretation

  8. Part 7 Multi-area agreements

    1. Basic concepts

      1. 121.Multi-area agreements

      2. 122.Local authorities

      3. 123.Partner authorities

    2. Preparation and approval of multi-area agreements

      1. 124.Proposal for multi-area agreement

      2. 125.Direction to prepare and submit draft multi-area agreement

      3. 126.Preparation of draft multi-area agreement

      4. 127.Approval of draft multi-area agreement

      5. 128.Submission of existing multi-area agreement

      6. 129.Approval of existing multi-area agreement

    3. Effect of multi-area agreements

      1. 130.Duty to have regard to improvement targets

    4. Revision of multi-area agreements

      1. 131.Responsible authorities

      2. 132.Revision proposals

      3. 133.Preparation of revision proposal

      4. 134.Approval of revision proposal

    5. Information about multi-area agreements

      1. 135.Duty to publish information about multi-area agreement

    6. Supplementary and general

      1. 136.Consultation on guidance

      2. 137.Interpretation

  9. Part 8 Construction contracts

    1. 138.Application of construction contracts legislation

    2. 139.Requirement for construction contracts to be in writing

    3. 140.Adjudicator’s power to make corrections

    4. 141.Adjudication costs

    5. 142.Determination of payments due

    6. 143.Notices relating to payment

    7. 144.Requirement to pay notified sum

    8. 145.Suspension of performance for non-payment

  10. Part 9 Final

    1. 146.Repeals

    2. 147.Extent

    3. 148.Commencement: general

    4. 149.Commencement: construction contracts

    5. 150.Short title

  11. Schedules

    1. Schedule 1

      Local Government Boundary Commission for England

      1. 1.Members

      2. 2.Chair

      3. 3.Deputy chair

      4. 4.Remuneration

      5. 5.Committees

      6. 6.Proceedings

      7. 7.Chief executive and other employees

      8. 8.Superannuation: supplementary

      9. 9.Delegations

      10. 10.Financial year

      11. 11.Funding

      12. 12.Five-year plan

      13. 13.Annual examination by Comptroller and Auditor General

      14. 14.Accounts

      15. 15.Audit

      16. 16.Accounting officer

      17. 17.Annual report

      18. 18.Instruments and authentication

      19. 19.Records

      20. 20.Investigation

      21. 21.Freedom of information

      22. 22.House of Commons disqualification

      23. 23.Transitional

      24. 24.Interpretation

    2. Schedule 2

      Electoral change in England: considerations on review

      1. 1.County councils

      2. 2.District councils

      3. 3.London borough councils

      4. 4.Parish councils

      5. 5.Interpretation

    3. Schedule 3

      Electoral change in England: interim modifications of the Local Government Act 1992

      1. 1.Introductory

      2. 2.Interim modifications of Part 2 of the Local Government Act 1992

    4. Schedule 4

      Boundary and electoral change: amendments

      1. 1.Local Government Act 1972 (c. 70)

      2. 2.(1) Section 6 is amended as follows.

      3. 3.In sections 11A(10)(b), 12A(5)(b), 12B(6)(b) and 73(2), for “Electoral Commission”...

      4. 4.(1) In Schedule 2, paragraph 7 (electoral divisions and wards...

      5. 5.In Schedule 3 (new authorities in England), in paragraph 10(1),...

      6. 6.(1) Schedule 11 (rules to be observed in considering electoral...

      7. 7.Environment Act 1995 (c. 25)

      8. 8.Greater London Authority Act 1999 (c. 29)

      9. 9.In section 2(4) (Assembly constituencies), for “the Electoral Commission” substitute...

      10. 10.(1) Schedule 1 (Assembly constituencies and orders under section 2(4))...

      11. 11.Local Government and Public Involvement in Health Act 2007 (c. 28)

      12. 12.(1) Section 4 (request for Boundary Committee for England’s advice)...

      13. 13.(1) Section 5 (Boundary Committee’s powers) is amended as follows....

      14. 14.(1) Section 6 (Boundary Committee’s procedures) is amended as follows....

      15. 15.(1) Section 7 (implementation of proposals by order) is amended...

      16. 16.(1) Section 8 (review by Boundary Committee of local government...

      17. 17.(1) Section 9 (Boundary Committee’s review: consultation etc) is amended...

      18. 18.In section 10 (implementation of recommendations by order), in subsections...

      19. 19.In section 12 (provision relating to membership etc of authorities),...

      20. 20.(1) In section 23 (definitions), subsection (1) is amended as...

      21. 21.(1) Section 36 (notice to Electoral Commission) is amended as...

      22. 22.In section 41 (publicity for resolution), in subsection (4)(b), for...

      23. 23.(1) Section 42 (notice to Electoral Commission) is amended as...

      24. 24.(1) Section 43 (Electoral Commission to consider whether electoral review...

      25. 25.(1) Section 44 (Electoral Commission to make order for new...

      26. 26.In sections 45(2)(a) (orders for elections by halves) and 47(2)(a)...

      27. 27.(1) Section 50 (power to Electoral Commission to make incidental...

      28. 28.(1) Section 51 (position if Electoral Commission act under existing...

      29. 29.(1) Section 52 (publicity for order by Electoral Commission) is...

      30. 30.(1) Section 59 (change of name of electoral area), is...

      31. 31.(1) Section 86 (reorganisation of community governance) is amended as...

      32. 32.In sections 92(2), (3), (4) and (5) (consequential recommendations), 96(7)(b)...

      33. 33.In section 102 (interpretation), in subsection (2), after the definition...

      34. 34.In section 240 (orders, regulations and guidance), in subsections (2)...

    5. Schedule 5

      Regional strategy: amendments

      1. 1.Town and Country Planning Act 1990 (c. 8)

      2. 2.(1) Section 83 (making of simplified planning zone schemes) is...

      3. 3.(1) In Schedule 1 (local planning authorities: distribution of functions),...

      4. 4.In Schedule 7 (simplified planning zones), in paragraph 12(1A)(a) (as...

      5. 5.Regional Development Agencies Act 1998 (c. 45)

      6. 6.In section 7B (Secretary of State’s functions in relation to...

      7. 7.Omit section 8 (regional consultation).

      8. 8.In section 18 (regional accountability), omit subsections (1) and (1A)....

      9. 9.Greater London Authority Act 1999 (c. 29)

      10. 10.In section 342 (matters to which Mayor to have regard),...

      11. 11.In Schedule 10 (Transport for London), in paragraph 2(3A), for...

      12. 12.Planning and Compulsory Purchase Act 2004 (c. 5)

      13. 13.Omit sections 1 to 12 (regional functions).

      14. 14.In section 19 (preparation of local development documents), in subsections...

      15. 15.(1) Section 24 (conformity with regional strategy) is amended as...

      16. 16.In section 28 (joint local development documents), in subsection (4),...

      17. 17.In section 37 (interpretation), for subsection (6) substitute—

      18. 18.(1) Section 39 (sustainable development) is amended as follows.

      19. 19.(1) Section 113 (validity of strategies etc) is amended as...

    6. Schedule 6

      EPBs and combined authorities: amendments

      1. 1.Landlord and Tenant Act 1954 (c. 56)

      2. 2.Trustee Investments Act 1961 (c. 62)

      3. 3.Local Government (Records) Act 1962 (c. 56)

      4. 4.Local Government Act 1966 (c. 42)

      5. 5.Leasehold Reform Act 1967 (c. 88)

      6. 6.Transport Act 1968 (c. 73)

      7. 7.Local Government Grants (Social Need) Act 1969 (c. 2)

      8. 8.Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

      9. 9.Local Authorities (Goods and Services) Act 1970 (c. 39)

      10. 10.Local Government Act 1972 (c. 70)

      11. 11.In section 70 (restriction on promotion of Bills for changing...

      12. 12.In section 80(2)(b) (disqualifications for election and holding office as...

      13. 13.In section 85(4) (vacation of office by failure to attend...

      14. 14.In section 86(2) (declaration by local authority of vacancy in...

      15. 15.In section 92(7) (proceedings for disqualification)— (a) after “includes a...

      16. 16.In section 98(1A) (interpretation of sections 95 and 97), after...

      17. 17.In section 99 (meetings and proceedings of local authorities), after...

      18. 18.In section 100J (application of Part 5A to new authorities)—...

      19. 19.In section 101(13) (arrangements for discharge of functions by local...

      20. 20.In section 142(1B) (provision of information etc relating to matters...

      21. 21.(1) Section 146A (application of provisions of Part 7 to...

      22. 22.In section 175(3B) (allowances for attending conferences and meetings), after...

      23. 23.In section 176(3) (payment of expenses of official and courtesy...

      24. 24.In section 223(2) (appearance of local authorities in legal proceedings),...

      25. 25.In section 224(2) (arrangements by principal councils for custody of...

      26. 26.In section 225(3) (deposit of documents with proper officer of...

      27. 27.In section 228(7A) (inspection of documents), after “joint authority” insert...

      28. 28.In section 229(8) (photographic copies of documents), after “joint authority,”...

      29. 29.In section 230(2) (reports and returns), after “joint authority” insert...

      30. 30.In section 231(4) (service of notices on local authorities), after...

      31. 31.In section 232(1A) (public notices), after “joint authority,” insert “an...

      32. 32.In section 233(11) (service of notices by local authorities), after...

      33. 33.In section 234(4) (authentication of documents), after “joint authority,” insert...

      34. 34.In section 236(1) (procedure etc for byelaws), for “or an...

      35. 35.In section 236B(1) (power to revoke byelaws), after paragraph (d)...

      36. 36.In section 238 (evidence of byelaws), in the opening words,...

      37. 37.In section 239(4A) (power to promote or oppose local or...

      38. 38.In section 270(1) (general provisions as to interpretation), at the...

      39. 39.In Schedule 12 (meetings and proceedings of local authorities), in...

      40. 40.Employment Agencies Act 1973 (c. 35)

      41. 41.Local Government Act 1974 (c. 7)

      42. 42.Health and Safety at Work etc Act 1974 (c. 37)

      43. 43.Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

      44. 44.Race Relations Act 1976 (c. 74)

      45. 45.Rent (Agriculture) Act 1976 (c. 80)

      46. 46.Rent Act 1977 (c. 42)

      47. 47.Protection from Eviction Act 1977 (c. 43)

      48. 48.Local Government, Planning and Land Act 1980 (c. 65)

      49. 49.In section 2(1) (duty of authorities to publish information), after...

      50. 50.In section 98(8A) (disposal of land at direction of Secretary...

      51. 51.In section 99(4) (directions to dispose of land - supplementary),...

      52. 52.In section 100(1)(a) (meaning of “subsidiary”), after “Local Government Act...

      53. 53.In Schedule 16 (bodies to whom Part 10 applies), after...

      54. 54.Public Passenger Vehicles Act 1981 (c. 14)

      55. 55.Acquisition of Land Act 1981 (c. 67)

      56. 56.Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

      57. 57.Stock Transfer Act 1982 (c. 41)

      58. 58.County Courts Act 1984 (c. 28)

      59. 59.Local Government Act 1985 (c. 51)

      60. 60.In section 72(5) (accounts and audit), after “the London Fire...

      61. 61.(1) Section 73 (financial administration) is amended as follows.

      62. 62.Transport Act 1985 (c. 67)

      63. 63.In section 27A(7)(b) (additional powers where service not operated as...

      64. 64.In section 64(1)(a) (consultation with respect to policies as to...

      65. 65.In section 93(8)(b)(i) (travel concession schemes), after “integrated transport area”...

      66. 66.In section 106(4) (grants for transport facilities and services), after...

      67. 67.In section 137 (general interpretation), after subsection (5) insert—

      68. 68.Housing Act 1985 (c. 68)

      69. 69.Housing Associations Act 1985 (c. 69)

      70. 70.Landlord and Tenant Act 1985 (c. 70)

      71. 71.Local Government Act 1986 (c. 10)

      72. 72.Landlord and Tenant Act 1987 (c. 31)

      73. 73.Local Government Act 1988 (c. 9)

      74. 74.Local Government Finance Act 1988 (c. 41)

      75. 75.In section 74 (levies), after subsection (7) insert—

      76. 76.In section 88B(9) (special grants), after paragraph (b) insert ;...

      77. 77.In section 111(2) (authorities to which provisions about financial administration...

      78. 78.In section 112(2) (authorities to which requirement to make arrangements...

      79. 79.Housing Act 1988 (c. 50)

      80. 80.Road Traffic Act 1988 (c. 52)

      81. 81.Local Government and Housing Act 1989 (c. 42)

      82. 82.Town and Country Planning Act 1990 (c. 8)

      83. 83.Local Government (Overseas Assistance) Act 1993 (c. 25)

      84. 84.Railways Act 1993 (c. 43)

      85. 85.In section 25(1) (public sector operators not to be franchisees)—...

      86. 86.In section 149(5) (service of documents), in the definition of...

      87. 87.Deregulation and Contracting Out Act 1994 (c. 40)

      88. 88.Housing Grants, Construction and Regeneration Act 1996 (c. 53)

      89. 89.Audit Commission Act 1998 (c. 18)

      90. 90.Crime and Disorder Act 1998 (c. 37)

      91. 91.Local Government Act 1999 (c. 27)

      92. 92.Greater London Authority Act 1999 (c. 29)

      93. 93.Local Government Act 2000 (c. 22)

      94. 94.Freedom of Information Act 2000 (c. 36)

      95. 95.Transport Act 2000 (c. 38)

      96. 96.In section 108(4) (meaning of “local transport authority” for purposes...

      97. 97.(1) Section 109 (further provision about plans: England) is amended...

      98. 98.(1) Section 113 (role of metropolitan district councils) is amended...

      99. 99.(1) Section 124 (quality contracts schemes) is amended as follows....

      100. 100.(1) Section 157 (grants) is amended as follows.

      101. 101.In section 162 (interpretation of Part 2), after subsection (5)...

      102. 102.(1) Section 163 (charging schemes: preliminary) is amended as follows....

      103. 103.(1) Section 164 (local charging schemes) is amended as follows....

      104. 104.(1) Section 165 (joint local charging schemes) is amended as...

      105. 105.In section 165A(1)(b) (joint local-ITA charging schemes), after “Integrated Transport...

      106. 106.(1) Section 166 (joint local-London charging schemes) is amended as...

      107. 107.(1) Section 166A (joint ITA-London charging schemes) is amended as...

      108. 108.In section 167(2)(b) (trunk road charging schemes), after “Integrated Transport...

      109. 109.In section 168(2) (charging schemes to be made by order)—...

      110. 110.(1) Section 170 (charging schemes: consultation and inquiries) is amended...

      111. 111.In section 177A(1) (power to require information), for “or Integrated...

      112. 112.In section 193(1) (guidance), after “Integrated Transport Authorities” insert “,...

      113. 113.In section 194 (information), in each of subsections (1), (2)...

      114. 114.In section 198(1) (interpretation of Part 3), at the appropriate...

      115. 115.(1) Schedule 12 (road user charging and workplace parking levy:...

      116. 116.Police Reform Act 2002 (c. 30)

      117. 117.Local Government Act 2003 (c. 26)

      118. 118.Courts Act 2003 (c. 39)

      119. 119.Railways Act 2005 (c. 14)

      120. 120.Concessionary Bus Travel Act 2007 (c. 13)

      121. 121.Local Government and Public Involvement in Health Act 2007 (c. 28)

      122. 122.Local Transport Act 2008 (c. 26)

      123. 123.In section 79(1)(b) (provision that may be made in an...

      124. 124.In section 86(3) (delegation of functions of the Secretary of...

      125. 125.In section 87(5) (delegation of local authority functions), after “section...

      126. 126.In section 88(1)(b) (conferral of a power to direct), after...

      127. 127.After section 89 insert— Transfer of functions of combined authority...

      128. 128.In section 90 (changing the boundaries of an integrated transport...

      129. 129.In section 91 (dissolution of an integrated transport area), after...

      130. 130.After section 102 insert— Application of Chapter to combined authorities...

    7. Schedule 7

      Repeals

      1. Part 1 Politically restricted posts

      2. Part 2 Audit of entities connected with local authorities

      3. Part 3 Local government boundary and electoral change

      4. Part 4 Regional strategy

      5. Part 5 Construction contracts

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