Local Democracy, Economic Development and Construction Act 2009 in Scotland
2009 c. 20 · Enacted 12 November 2009 · Extends to United Kingdom
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:—C1C2
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (E.) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 16
- C2
Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 16
Contents
- Duties of principal local authorities Not yet in force
- 1Democratic arrangements of principal local authorities Not yet in force
- 3Monitoring boards, courts boards and youth offending teams Not yet in force
- 4Lay justices Not yet in force
- Supplementary Not yet in force
- 5Provision of information Not yet in force
- 6Guidance Not yet in force
- 7Isles of Scilly Not yet in force
- General Not yet in force
- 8Orders Not yet in force
- 9Interpretation Not yet in force
- Electronic petitions
- 10Electronic petitions Repealed
- Petition schemes
- 11Petition schemes Repealed
- 13Requirement to acknowledge Repealed
- 14Requirement to take steps Repealed
- 15Requirement to debate Repealed
- 16Requirement to call officer to account Repealed
- 17Review of steps Repealed
- 18Supplementary scheme provision Repealed
- Supplementary
- 19Powers of appropriate national authority Repealed
- 20Handling of petitions by other bodies Repealed
- General
- 21Orders Repealed
- 22Interpretation Repealed
- Chapter 3: Involvement in functions of public authorities
- 24Duty of public authorities to secure involvement: guidance
- Chapter 4: Housing
- 25Establishment and assistance of bodies representing tenants etc
- 26Consultation of bodies representing tenants etc
- Chapter 5: Local freedoms and honorary titles
- 27Local freedoms
- 28Power to amend law relating to local freedoms
- 29Honorary titles
- Chapter 6: Politically restricted posts
- 30Politically restricted posts
- Chapter 1: Governance
- 32Joint overview and scrutiny committees
- 33Powers of National Assembly for Wales
- Chapter 2: Mutual insurance Not yet in force
- 34Mutual insurance Not yet in force
- Chapter 3: Audit of entities connected with local authorities Not yet in force
- Preliminary Not yet in force
- Power to appoint auditor Not yet in force
- Auditors Not yet in force
- Audit of accounts Not yet in force
- Public interest reports Not yet in force
- 47Access to information Not yet in force
- 48Consideration of report by entity Not yet in force
- 49Consideration of report by local authority Not yet in force
- General Not yet in force
- Part 3: Local government boundary and electoral change
- 55Local Government Boundary Commission for England
- 56Review of electoral arrangements
- 58Review procedure
- 59Implementation of review recommendations
- 60Transfer of functions relating to boundary change
- Termination of involvement of Electoral Commission
- 63Continuity of functions
- 64Interim provision
- 65Electoral changes consequential on boundary change in England
- 66Repeal of redundant provisions
- General
- 67Consequential and supplementary provision
- Part 5: Regional strategy
- 71Leaders' Boards Repealed
- 72Responsible regional authorities Repealed
- 73Sustainable development Repealed
- 74Review and revision by responsible regional authorities Repealed
- 75Community involvement Repealed
- 76Examination in public Repealed
- 77Matters to be taken into account in revision Repealed
- 78Approval of revision by Secretary of State Repealed
- 79Reserve powers of Secretary of State Repealed
- 80Revision: supplementary Repealed
- 81Implementation Repealed
- Supplementary
- 85Consequential provision
- Part 6: Economic prosperity boards and combined authorities
- Chapter 1: Economic prosperity boards
- 89Constitution
- 90Constitution: membership and voting
- 92Funding
- 93Accounts
- 94Change of name
- 96Dissolution of an EPB's area
- 97Review by authorities: new EPB
- 101AApplication in respect of change to constitution, functions or funding: existing EPB
- Chapter 2: Combined authorities
- Functions of combined authorities
- 103AThe functions of combined authorities
- 103BMayoral power to convene meetings with local partners
- 103CRequest to collaborate
- 103DResponding to a collaboration request
- 103ECollaboration requests made by or to several mayors
- 104ANon-constituent members of a combined authority
- 104BAssociate members of a combined authority
- 104CRegulations about members
- 104CADecision-making
- 104CBValidity of proceedings
- 104CCPowers not limited by other provision or powers
- 104DReview of combined authority’s constitutional arrangements
- 105CNon-mayoral combined authority: consent to budget
- 105DNon-mayoral combined authority: functions imposing financial liability
- Changes to combined authorities
- 106BDesignation as an established mayoral strategic authority
- Combined authorities: key route network roads
- 107ZADesignation of key route network roads
- Combined authorities: health
- 107ZBHealth improvement and health inequalities duty
- Combined authorities: co-operation with local government pension scheme managers
- 107ZCCo-operation with local government pension scheme managers
- Mayors for combined authority areas
- 107APower to provide for election of mayor
- 107BRequirements in connection with orders under section 107A
- 107CDeputy mayors etc
- 107CAAppointment of commissioners by the mayor
- 107DFunctions of mayors: general
- 107DZALimitation on delegation of mayoral functions
- 107DAProcedure for direct conferral of general functions on mayor
- 107EJoint exercise of general functions
- 107EAExercise of fire and rescue functions
- 107EBSection 107EA orders: procedure
- 107ECSection 107EA orders: further provision
- 107EDSection 107EA orders: exercise of fire and rescue functions
- 107EESection 107EA orders: complaints and conduct matters etc
- 107EFSection 107EA orders: application of fire and rescue provisions
- 107EGSection 107EA orders: application of local policing provisions
- 107FFunctions of mayors: policing
- 107FAThe “eligibility” and “transfer” conditions
- 107GMayors for combined authority areas: financial matters
- 107HAlternative mayoral titles: new mayoral combined authorities
- 107IAlternative mayoral titles: existing mayoral combined authorities
- 107JAlternative mayoral titles: further changes
- 107KPower to amend list of alternative titles
- Mayoral combined authorities: local growth plans
- 107LLocal growth plans
- 107MSecretary of State guidance on local growth plans
- 107NPublic authorities: duty to have regard to shared local growth priorities
- 109AProposal for new combined authority (locally led)
- 112AProposal for changes to existing combined arrangements (locally led)
- 113ZARequirements in connection with boundary changes or dissolution of combined authority
- 113ZBRelevant consenting authorities in relation to orders under section 106
- 113ZCRelevant consenting authorities in relation to orders under section 107
- Chapter 3: General provision
- General powers of EPBs and combined authorities
- 113AGeneral power of EPB or combined authority
- 113BBoundaries of power under section 113A
- 113CPower to make provision supplemental to section 113A
- 113DGeneral power of competence Repealed
- 113EAllowances for members with special responsibilities
- Supplementary
- 114Incidental etc provision
- 116Consequential amendments
- 117Orders and regulations
- Basic concepts Repealed
- 121Multi-area agreements Repealed
- 122Local authorities Repealed
- Preparation and approval of multi-area agreements Repealed
- 124Proposal for multi-area agreement Repealed
- 125Direction to prepare and submit draft multi-area agreement Repealed
- 126Preparation of draft multi-area agreement Repealed
- 127Approval of draft multi-area agreement Repealed
- 128Submission of existing multi-area agreement Repealed
- 129Approval of existing multi-area agreement Repealed
- Effect of multi-area agreements Repealed
- 130Duty to have regard to improvement targets Repealed
- Revision of multi-area agreements Repealed
- 131Responsible authorities Repealed
- 132Revision proposals Repealed
- 133Preparation of revision proposal Repealed
- 134Approval of revision proposal Repealed
- Information about multi-area agreements Repealed
- 135Duty to publish information about multi-area agreement Repealed
- Supplementary and general Repealed
- 136Consultation on guidance Repealed
- 137Interpretation Repealed
- Part 8: Construction contracts
- 138Application of construction contracts legislation
- 139Requirement for construction contracts to be in writing
- 140Adjudicator's power to make corrections
- 141Adjudication costs
- 142Determination of payments due
- 143Notices relating to payment
- 144Requirement to pay notified sum
- 145Suspension of performance for non-payment
- Part 9: Final
- 146Repeals
- 147Extent
- 148Commencement: general
- 149Commencement: construction contracts
- 150Short title
- Members
- 1Paragraph 1
- Chair
- 2Paragraph 2
- Deputy chair
- 3Paragraph 3
- Remuneration
- 4Paragraph 4
- Committees
- Proceedings
- 6Paragraph 6
- Chief executive and other employees
- 7Paragraph 7
- Superannuation: supplementary
- 8Paragraph 8
- Delegations
- 9Paragraph 9
- Financial year
- 10Paragraph 10
- Funding
- 11Paragraph 11
- Five-year plan
- Accounts
- 14Paragraph 14
- Audit
- 15Paragraph 15
- Accounting officer
- 16Paragraph 16
- Annual report
- 17Paragraph 17
- Instruments and authentication
- 18Paragraph 18
- Records
- 19Paragraph 19
- Investigation
- 20Paragraph 20
- Freedom of information
- 21Paragraph 21
- House of Commons disqualification
- 22Paragraph 22
- Transitional
- 23Paragraph 23
- Interpretation
- 24Paragraph 24
- County councils
- 1Paragraph 1
- District councils
- 2Paragraph 2
- London borough councils
- 3Paragraph 3
- Parish councils
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Introductory
- 1Paragraph 1
- Interim modifications of Part 2 of the Local Government Act 1992
- 2Paragraph 2
- Local Government Act 1972 (c. 70)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Environment Act 1995 (c. 25)
- 7Paragraph 7
- Greater London Authority Act 1999 (c. 29)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Town and Country Planning Act 1990 (c. 8)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Regional Development Agencies Act 1998 (c. 45)
- 5Paragraph 5
- 7Paragraph 7
- 8Paragraph 8
- Greater London Authority Act 1999 (c. 29)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Planning and Compulsory Purchase Act 2004 (c. 5)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Functions of overview and scrutiny committee
- Overview and scrutiny committees: supplementary provision
- 2Paragraph 2
- Power to make further provision about overview and scrutiny committees
- 3Paragraph 3
- Audit committees
- 4Paragraph 4
- Interpretation
- 1Paragraph 1
- Timing of elections
- 2Paragraph 2
- Voting at elections of mayors
- 4Paragraph 4
- 5Paragraph 5
- 7Paragraph 7
- 8Paragraph 8
- 9AParagraph 9A
- 9BParagraph 9B
- 10Paragraph 10
- 11Paragraph 11
- Schedule 5BA: Commissioners
- 1Application of Schedule
- 2Persons ineligible for appointment
- 3Terms and conditions of appointment
- 4Commissioner to work in only one area of competence
- 5Duration of appointment
- 6Limitation on delegation of functions
- 7Allowances
- 8Ending of appointment
- 9Role of overview and scrutiny committees
- 10Powers of appointment and termination exercisable on behalf of the combined authority
- 11Guidance
- Introductory
- 1Paragraph 1
- PCC functions exercisable by the mayor
- 2Paragraph 2
- Delegation of functions
- 3Paragraph 3
- Police and crime panels
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- Financial matters
- 6Paragraph 6
- Suspension
- 7Paragraph 7
- Conduct
- 8Paragraph 8
- Disqualification
- 9Paragraph 9
- Policing protocol
- 10Paragraph 10
- Application of certain enactments
- 11Paragraph 11
- Supplementary
- 12Paragraph 12
- Landlord and Tenant Act 1954 (c. 56)
- 1Paragraph 1
- Trustee Investments Act 1961 (c. 62)
- 2Paragraph 2
- Local Government (Records) Act 1962 (c. 56)
- 3Paragraph 3
- Local Government Act 1966 (c. 42)
- 4Paragraph 4
- Leasehold Reform Act 1967 (c. 88)
- 5Paragraph 5
- Transport Act 1968 (c. 73)
- 6Paragraph 6
- Local Government Grants (Social Need) Act 1969 (c. 2)
- 7Paragraph 7
- Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
- 8Paragraph 8
- Local Authorities (Goods and Services) Act 1970 (c. 39)
- 9Paragraph 9
- Local Government Act 1972 (c. 70)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Employment Agencies Act 1973 (c. 35)
- 40Paragraph 40
- Local Government Act 1974 (c. 7)
- 41Paragraph 41
- Health and Safety at Work etc Act 1974 (c. 37)
- 42Paragraph 42
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- 43Paragraph 43
- Race Relations Act 1976 (c. 74)
- Rent (Agriculture) Act 1976 (c. 80)
- 45Paragraph 45
- Rent Act 1977 (c. 42)
- 46Paragraph 46
- Protection from Eviction Act 1977 (c. 43)
- 47Paragraph 47
- Local Government, Planning and Land Act 1980 (c. 65)
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- Public Passenger Vehicles Act 1981 (c. 14)
- 54Paragraph 54
- Acquisition of Land Act 1981 (c. 67)
- 55Paragraph 55
- Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
- 56Paragraph 56
- Stock Transfer Act 1982 (c. 41)
- 57Paragraph 57
- County Courts Act 1984 (c. 28)
- 58Paragraph 58
- Local Government Act 1985 (c. 51)
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- Transport Act 1985 (c. 67)
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- Housing Act 1985 (c. 68)
- 68Paragraph 68
- Housing Associations Act 1985 (c. 69)
- 69Paragraph 69
- Landlord and Tenant Act 1985 (c. 70)
- 70Paragraph 70
- Local Government Act 1986 (c. 10)
- 71Paragraph 71
- Landlord and Tenant Act 1987 (c. 31)
- 72Paragraph 72
- Local Government Act 1988 (c. 9)
- 73Paragraph 73
- Local Government Finance Act 1988 (c. 41)
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- Housing Act 1988 (c. 50)
- 79Paragraph 79
- Road Traffic Act 1988 (c. 52)
- 80Paragraph 80
- Local Government and Housing Act 1989 (c. 42)
- 81Paragraph 81
- Town and Country Planning Act 1990 (c. 8)
- 82Paragraph 82
- Local Government (Overseas Assistance) Act 1993 (c. 25)
- 83Paragraph 83
- Railways Act 1993 (c. 43)
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- Deregulation and Contracting Out Act 1994 (c. 40)
- 87Paragraph 87
- Housing Grants, Construction and Regeneration Act 1996 (c. 53)
- 88Paragraph 88
- Audit Commission Act 1998 (c. 18)
- Crime and Disorder Act 1998 (c. 37)
- 90Paragraph 90
- Local Government Act 1999 (c. 27)
- 91Paragraph 91
- Greater London Authority Act 1999 (c. 29)
- 92Paragraph 92
- Local Government Act 2000 (c. 22)
- Freedom of Information Act 2000 (c. 36)
- 94Paragraph 94
- Transport Act 2000 (c. 38)
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- Police Reform Act 2002 (c. 30)
- Local Government Act 2003 (c. 26)
- 117Paragraph 117
- Courts Act 2003 (c. 39)
- 118Paragraph 118
- Railways Act 2005 (c. 14)
- 119Paragraph 119
- Concessionary Bus Travel Act 2007 (c. 13)
- 120Paragraph 120
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- 121Paragraph 121
- Local Transport Act 2008 (c. 26)
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Paragraph 127
- 128Paragraph 128
- 129Paragraph 129
- 130Paragraph 130
- Schedule 7: Repeals
- 1Politically restricted posts
- 2Audit of entities connected with local authorities Not yet in force
- 3Local government boundary and electoral change
- 4Regional strategy
- 5Construction contracts