97 Certain decisions to be taken only if provided for in long-term plan

(1)

This section applies to the following decisions of a local authority:

(a)

a decision to alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the local authority, including a decision to commence or cease any such activity:

(b)

a decision to transfer the ownership or control of a strategic asset to or from the local authority.

(c)
[Repealed]

(d)
[Repealed]

(2)

A local authority must not make a decision to which this section relates unless—

(a)

the decision is explicitly provided for in its long-term plan; and

(b)

the proposal to provide for the decision was included in a consultation document in accordance with section 93E.

(3)

Nothing in this section applies to a decision of a local authority—

(a)

to adopt a local authority-led reorganisation plan under clause 22A of Schedule 3; or

(b)

that is required in order to implement a reorganisation in accordance with an Order in Council under section 25 or 25A; or

(c)

to fund a capital project by lump sum contributions, if the local authority has complied with section 117B(3)(c)(i) of the Local Government (Rating) Act 2002.

Section 97 heading: amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 97(1)(c): repealed, on 27 November 2010, by section 15 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 97(1)(d): repealed, on 27 November 2010, by section 15 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 97(2)(a): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 97(2)(a): amended, on 28 June 2006, by section 10 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 97(2)(b): amended, on 8 August 2014, by section 75 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 97(3): replaced, on 22 October 2019, by section 28 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).