Local Government, Planning and Land Act 1980

• Citation: 1980 c. 65
• Sections: 534

Section 1 Relaxation of Ministerial control of authorities.

(1) So much of the provisions mentioned in Schedule 1 to this Act—

(a) as makes the exercise of any power of a local authority subject—

(i) to a right of appeal to a Minister; or

(ii) to the provisions of regulations made by a Minister; or

(b) as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

(c) as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2) The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a) the powers of the Secretary of State and the Treasury to supervise local authorities, . . . and river purification authorities in the discharge of their functions relating to clean air and pollution ; and

(b) the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3) The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

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(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7) The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8) The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

Section 2 Duty of authorities to publish information.

(1) The authorities to whom this section applies are—

(a) a county council;

(aa) a county borough council;

(b) a district council;

(ba) a parish council;

(bb) a parish meeting of a parish which does not have a separate parish council;

(bc) a community council;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

(h) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(ha) a National Park authority for a National Park in Wales;

(hb) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ka) a joint authority established by Part IV of the Local Government Act 1985;

(kaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(kab) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(kac) a combined authority established under section 103 of that Act;

(kad) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(kb) the London Fire Commissioner;

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value) ....

(1A) This section also applies to an authority which—

(a) is not within subsection (1) above;

(b) is not within section 4(4) below; and

(c) is, or is treated as, a smaller authority for the purposes of section 5 of the Local Audit and Accountability Act 2014 (modification of that Act in relation to smaller authorities).

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

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(4) A code may be prepared either by the Secretary of State or by some other person at his request.

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify—

(a) that publication be made in periodical reports or in any other specified manner;

(b) the occasions on which such publication is to made; and

(c) the form which such publication is to take.

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) its dispatch with, or inclusion in—

(i) a demand note for payment of rates issued under section 237(1) of the Local Government (Scotland) Act 1947; or

(ii) a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992

(b) its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with section 3 of the Local Audit and Accountability Act 2014 or regulations under section 39 of the Public Audit (Wales) Act 2004 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or

(c) its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with—

(a) different classes of information;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c) different manners, forms or occasions of publication.

(11) A code issued under this section applies to an authority within subsection (1A) above only in respect of information relating to a financial year during which the authority was within that subsection.

(12) A function under this section or section 3 below that is expressed to be exercisable by the Secretary of State is exercisable by the Secretary of State (and not the Welsh Ministers) in relation to a person or body that—

(a) is within subsection (1A), and

(b) exercises functions in relation to an area that is partly in England and partly in Wales.

Section 3 Supplementary provisions relating to codes of practice on publication of information.

(1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

(2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

(3) Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a) the information is of a description to which this subsection applies; and

(b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5) The descriptions of information to which subsection (4) above applies are—

(a) information about the discharge of authorities’ functions relating to housing or land;

(b) information about the number of their employees or the number of any description of their employees; and

(c) information about the determination of applications for planning permission under the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1997 .

(6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8) The power to make any such regulations or order shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Section 4 Power to direct bodies to publish information.

(1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2) Different directions may be given to bodies of the same description in different areas.

(3) A direction under this section may specify—

(a) the manner in which information is to be published;

(b) the occasions on which such publication is to be made; and

(c) the form which such publication is to take.

(4) The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a) development corporations established under the New Towns Act 1981 or the New Towns (Scotland) Act 1968;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) water authorities;

(d) urban development corporations within the meaning of Part XVI of this Act;

(e) Passenger Transport Executives . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) district councils or Welsh county councils or county borough councils carrying on road passenger transport undertakings.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) In this section “ the relevant Minister ” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food

(6) Subject to subsection (5A) above, in this section “the relevant Minister " means the Secretary of State.

(7) A direction given to a . . .council under this section may only relate to its road passenger transport undertaking.

Section 5 Meaning of “works contract ".

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Section 6 Regulation of works contracts.

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Section 7 Limitations on power to enter into works contracts.

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Section 9 Regulation of functional work.

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Section 10 Accounts relating to construction or maintenance work

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Section 11 Exemption from requirement to keep seperate accounts under section 10.

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Section 12 Contents of accounts relating to construction or maintenance work.

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Section 13 Annual balance sheet etc.

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Section 14 Accounts under section 10 and other local authority accounts.

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Section 15 Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.

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Section 16 General financial duty: treatment of deficits.

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Section 18 Annual reports on construction or maintenance work.

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Section 19 Application to joint commitees.

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Section 19A Notice for purpose of getting information.

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Section 19B Power to give directions.

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Section 20 Interpretation of Part III.

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Section 21 Exemption of small direct labour organisations from requirements of Part III.

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Section 22 Consequential repeal or amendment of local statutory provisions.

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Section 23 Part III—supplementary

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Section 24 Right of councillor to opt for financial loss allowance.

(1) In section 173 of the Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words “unless a notice under section 173A below is effective in relation to him".

(2) The following section shall be inserted after that section:—

Right to opt for financial loss allowance.

(173A)

(1) If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2) A notice under this section is referred to in this section as a “financial loss allowance notice".

(3) If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be enititled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after giving of the notice.

(4) If a councillor who has not given the local authority a financial loss allowance ntoice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the perofrmance of any approved duty performed not earlier than the beginning of that financial year.

(5) A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first.

(6) If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.

(3) This section does not extend to Scotland.

Section 25 Amendments relating to allowances to members of local authorities and other bodies.

(1) In subsection (1) of section 174 of the Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word “travel" there shall be inserted the words “or subsistence".

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The following subsections shall be inserted after section 175(3) of the said Act of 1972—

(3A) In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons.

(3B) In relation to any such body as is mentioned in section 177(1)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.

(4) 5 The following subsection shall be inserted after section 47(3) of the said Act of 1973:—

(3A) In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.

Section 26 Introduction of special responsibility allowances for members of local authorities.

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(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 50 of that Act (regulations as to allowances)—

(a) after the word “48" there shall be inserted the words “ and 49A ” ;

(b) in subsection (2), for the words “or 49" there shall be substituted the words “ 49 or 49A ” .

Section 27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland.

(1) The following section shall be inserted after section 3 of the Local Government (Scotland) Act 1973:—

Vice-chairman.

(3A)

(1) A council may appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall hold office until the expiry of the term of office of the council.

(3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4) Subject to any standing order made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.

(2) Section 24 above does not extend to Scotland, and this section extends to Scotland only.

Section 29 Ascertainment of rateable value of non-industrial buildings.

(1)

(4)

Section 32 Rating exemption for fish farms in Scotland.

After section 7 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted—

Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

(7A)

(1) For the purposes of any valuation roll in force for the year 1981–82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith.

(2) This section applies to—

(a) lands and heritages (other than dwelling-houses) used solely for or in connection with fish farming; and

(b) lands and heritages consisting of—

(i) one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or

(ii) any land occupied together with and used solely for or in connection with the use of such building or buildings.

(3) No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on the first day after the first day of April nineteen hundred and eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted.

(4) Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which—

(a) is occupied in connection with lands and heritages to which this section applies; and

(b) is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and

(c) is suitabnle in character and size for such use in connection with those lands and heritages

as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies.

(5) Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Act as if it were lands and heritages in separate occupation.

(6) In subsection (5) above, any reference too a building or part of a building shall be construed as including a reference to land occupied together and used solely in connection with the use of such building or part.

(7) In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year.

(8) In this section—

“ fish farming ” means the breeding or rearing of fish or the cultivation of shall fish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for the transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish—

which are purely ornamental, or

which are bred, reared or cultivated for exhibition.

Section 47 Commencement and extent of Part V.

(1)

(4) The following provisions of this Act, namely—

(a)

(b) paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c)

(d)

(5) The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6) The provisions of Schedule 33 mentioned in subsection (5) above are—

(a) paragraph 4; and

(b)

(c) paragraph 14.

(7) Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8) Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

Section 48 General power to reduce rate support grant.

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Section 49 Reduction of resources element.

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Section 50 Redution of needs element for authorities in Greater London.

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Section 51 Supplementary grants for transport purposes.

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Section 52 Separate provision for Wales.

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Section 53 Introduction of new system of rate support grants.

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Section 54 The aggregate amount of rate support grants.

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Section 55 The domestic rate relief grant.

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Section 56 The block grant.

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Section 57 Determination of grant-related poundage and grant-related expenditure.

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Section 58 Principles for determination of grant-related poundage.

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Section 59 Adjustments of distribution of block grant.

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Section 60 The Rate Support Grant Report.

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Section 61 Supplementary reports.

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Section 63 Adjustment of block grant in connection with education etc.

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Section 63A Adjustment of block grant for rates equalisation contribution.

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Section 65 Information.

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Section 66 Estimates and calculations.

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Section 67 Changes in rateable value.

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Section 68 Rate support grant– supplementary.

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