Section 23 Definitions for purposes of Chapter 1I1
England and Wales
In this Chapter—
F1...
“local authority” means a county council in England, a district council in England or a London borough council;
“local government area” means a county in England, a district in England or a London borough;
F2“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;
“principal authority” has the meaning given by section 1;
“public body” includes—
- (a)
a local authority;
- (b)
a police authority;
- (c)
a residuary body established under section 17;
- (d)
a joint board, or joint committee, on which a local authority is represented;
- (e)
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);
- (f)
F3an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
- (g)
a combined authority established under section 103 of that Act;
- (h)
F4a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- (a)
“single-tier” has the meaning given by subsection (2);
“staff” includes officers and employees;
“two-tier” has the meaning given by subsection (2);
“Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.
For the purposes of this Chapter an area is—
“single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and
“two-tier” if it is—
a district for which there is a district council and in relation to which a county council has the functions of a county council; or
a county for which there is a county council and in which there are districts all of which have district councils.
Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—
is in response to such an invitation or direction; and
is in accordance with the invitation or direction and section 3(4).
Any reference in this Chapter, however framed, to a body affected by an order includes a body—
whose area or functions are affected by the order;
which is to cease to exist in pursuance of the order; or
which is established by or in consequence of the order.
Annotations
Textual amendments
- F1
Words in s. 23(1) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 20(2), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(ff)(hh)
- F2
Words in s. 23(1) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 20(3); S.I. 2009/3318, art. 4(ff)
- F3
Words in s. 23(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 121(2); S.I. 2009/3318, art. 2(c)
- F4
Words in s. 23(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 173 (with s. 247)
Commencement
- I1
S. 23 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)
Notes on Chapter 1
Modifications
- C1
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)
- C2
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Somerset West and Taunton (Modification of Boundary Change Enactments) Regulations 2018 (S.I. 2018/638), regs. 1, 3 (with reg. 4)
- C3
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018 (S.I. 2018/636), regs. 1, 3 (with reg. 4)
- C4
Pt. 1 Ch. 1 applied (with modifications) (22.2.2019) by The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 (S.I. 2019/332), regs. 1, 3(a) (with reg. 5)