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Section 9BA: Power of Secretary of State to prescribe additional permitted governance arrangements

Local Government Act 2000 · 2000 c. 22View on legislation.gov.uk

Part 1A: Arrangements with respect to local authority governance in England — CHAPTER 1: Permitted forms of governance

The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.

In particular, the regulations—

must include provision about how, and by whom, the functions of a local authority are to be discharged, and
may include provision enabling functions to be delegated.

Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.

In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).

A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.

The conditions are—

that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,
that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and
that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.

A proposal under subsection (5)—

must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and
explain why the conditions in subsection (6) are met in relation to the proposed arrangements.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.