Explanatory Notes

Deregulation Act 2015

2015 CHAPTER 20

26 March 2015

Commentary on Sections

Section 103: Repeal of duties relating to consultation or involvement

475.Subsections (1) and (2) repeal section 3A of the Local Government Act 1999 so as to remove the duty for best value authorities to involve local representatives in the exercise of any of their functions, where they consider it is appropriate to do so. The intention to repeal this duty was announced in April 2011, on the basis that local authorities should be trusted to engage with local people without a duty being imposed on them to do so.

476.Section 3A forms part of the law of England and Wales but the duty to involve applies only to best value authorities in England. The section has the same extent and application and comes into force at the end of the period of 2 months beginning with the day on which the Act is passed.

477.Subsection (3) introduces Schedule 22 which disapplies certain consultation requirements etc imposed on public bodies (see the commentary on Schedule 22).