Local Government Act 1988

[F1 13 Notice for purpose of getting information. S

(1) If it appears to the Secretary of State that in the financial year beginning in 1989 or in a subsequent financial year a defined authority—

(a) have (as a bidding authority) entered into a contract to carry out work and have done so in contravention of section 4 above,

[F2 (b) have carried out work as regards which the conditions set out in section 7 above have to be but, in the circumstances, have not been fulfilled,

(ba) have decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled,]

(c) have carried out work in circumstances where section 9 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to an account required by that section to be kept for the year concerned as regards the activity,

(d) have carried out work in circumstances where section 10 above has not been complied with for the year concerned in relation to the defined activity within which the work falls, or

(e) have carried out work in circumstances where section 11 above has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to a report required by that section to be prepared for the year concerned as regards the activity,

he may serve on the authority a written notice falling within subsection (2) below.

(2) The notice is one which—

(a) informs the authority that it appears to him that in a financial year identified in the notice they have acted as mentioned in one of the paragraphs (so identified) of subsection (1) above,

(b) identifies the work concerned and states why it so appears, and

(c) contains the requirement mentioned in subsection (3) below.

(3) The requirement is that the authority submit to him within such time as is specified in the notice a written response which—

(a) states that they have not acted as mentioned in the paragraph concerned of subsection (1) above and justifies the statement, or

(b) states that they have acted as so mentioned and gives reasons why he should not give a direction under section 14 below.

(4) Where work is specified under section 6(3) above as a proportion of particular work, the reference in subsection (2)(b) above to work is to the work of which the proportion forms a part.

(5) The Secretary of State may serve on an authority different notices under this section identifying the same financial year and the same work, whether they identify the same paragraph or different paragraphs of subsection (1) above.]

Textual Amendments

F1 S. 13 repealed (E.W.) (27.7.1999 with effect in accordance with ss. 21, 27) by 1999 c. 27, ss. 21(1)(b), 34, Sch. 2(1), Note

F2 S. 13(1)(b)(ba) substituted for s. 13(1)(b) (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 13; S.I. 1992/3241, art. 2

Modifications etc. (not altering text)

C1 S. 13 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 13 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

C2 S. 13(1)(b) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(c)

C3 S. 13(4)(5) applied (9.1.1995) by S.I. 1994/3167, reg. 17(3)