Section 104I(12)

In this section— “English local authority” means— a county council or district council in England; a London borough council; the Greater London Authority; the Council of the Isles of Scilly; the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority; a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “local authority” means— an English local authority, a Welsh local authority, or a Scottish local authority; “public sector employer” means a person that— is wholly or mainly funded from public funds, is under a statutory duty to carry out any functions of a public nature, and so far as carrying out those functions, does not operate on a commercial basis; “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act); “relevant intervention direction” means— in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities); in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers); in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value); “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “statutory duty” means a duty imposed by or under any enactment, including— a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and an Act of the Scottish Parliament; “statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out; “Welsh local authority” means— a county council or county borough council in Wales; a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.

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Source: legislation.gov.uk · retrieved 2026-09-04