SCHEDULES
Regulation 2(4)
SCHEDULE 1Provisions of local government legislation not applied to new councils during the transitional period
Table 1
Column 1
Act/Order
| Column 2
Section/Article
| Column 3
Title
|
---|
2005 Order | 29 | Powers of district councils in relation to emergencies |
2010 Act | 21 | Acquisition of land otherwise than by agreement |
2010 Act | 22 | Exercise of waste management functions of councils |
2010 Act | 23 | Application of certain provisions to certain joint committees constituted as bodies corporate |
2011 Act | 6 | Reserves – general |
2011 Act | 7 | Controlled reserves |
2011 Act | 26 | De-rating grant |
2011 Act | 27 | Rates support grant |
2011 Act | 28 | Reductions in grants under section 26 or 27 |
2011 Act | 37 | Payments for special purposes |
2011 Act | 38 | Restrictions on power to make payments under section 37 |
2011 Act | 39 | Public appeals |
2011 Act | 40 | Limit on expenditure under
sections 37 and 39
|
2014 Act | 111(2) | Guidance |
2014 Act | Schedule 1, paragraph 15(2) | Deputy chair of council |
2014 Act | Schedule 5, paragraphs 1(1) and 1(2) | Annual meetings |
Regulation 2(5)
SCHEDULE 2Provisions of local government legislation not applied to existing councils during the transitional period
Table 2
Column 1
Act
| Column 2
Section
| Column 3
Title
|
---|
2011 Act | 3(1) and 3(2) | Annual budget |
2011 Act | 4 | Report by chief financial officer on estimates |
2014 Act | 103(4) | Partnership Panel |
Regulation 7(1)
SCHEDULE 3Mandatory Provisions in Standing Orders
Interpretation
1. For the purposes of paragraphs 2 to 4—
“call-in” means a requisition for the reconsideration of a decision as provided for in section 41(1) of the 2014 Act.
“party” means a party registered under the Political Parties, Elections and Referendums Act 2000() (within the meaning of that Act);
“nominating officer” means—
(a)
a person registered as a party’s nominating officer in accordance with section 24(1)(b) of the Political Parties, Elections and Referendums Act 2000; or
(b)
a councillor nominated by that person for the purposes of Schedule 1 to the 2014 Act.
PART 1Voting
Standing order – decisions to be taken by a qualified majority
2. A qualified majority shall be required in relation to a council’s decision on—
(a)a call-in made in accordance with section 41(1)(b) of the 2014 Act; and
(b)the suspension of standing orders.
PART 2Appointment of Councillors to Committees
Standing order – appointment of more than one committee
3. Where a council appoints more than one committee at the same meeting in accordance with paragraph 5 of Schedule 2 to the 2014 Act, for the purposes of determining the number of places that must be allocated across the parties and independent members of that council, it shall agree—
(a)the number of committees to be appointed; and
(b)the number of councillors that shall constitute the membership of each committee.
Nomination
4.—(1) The total number of places to which a nominating officer of a party may nominate councillors who stood in the name of that party when elected must be calculated in accordance with paragraphs 2 to 4 of Schedule 2 to the 2014 Act and any resolution of the council made thereunder.
(2) A nominating officer’s function under paragraph 2(1)(b) of Schedule 2 to the 2014 Act shall be exercised in such a manner as to ensure that—
(a)all members of a committee are not nominated by the same nominating officer;
(b)a nominating officer of a party may nominate councillors who stood in the name of that party to fill the majority of places on a committee, if the majority of councillors stood in the name of that party; and
(c)subject to heads (a) and (b), the number of councillors nominated by each nominating officer of a party, in so far as is reasonably practicable, bears the same proportion to the number of places on that committee as is borne by the number of councillors who stood in the name of that party.
(3) Nominations made in accordance with sub-paragraph (2) shall take into account any positions of responsibility on a committee held by a councillor who stood in the name of a party.