Local Government Act 1972

Changes over time for: Section 102

Version Superseded: 24/03/2011

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Local Government Act 1972, Section 102 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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102 Appointment of committees.E+W

(1)For the purpose of discharging any functions in pursuance of arrangements made under section 101 above [F1or][F2section 53 of the Children Act 1989]—

(a)a local authority may appoint a committee of the authority; or

(b)two or more local authorities may appoint a joint committee of those authorities; or

(c)any such committee may appoint one or more sub-committees.

[F3(1A)For the purpose of discharging any function in pursuance of arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees)—

(a)a local authority may appoint a committee of the authority; or

(b)any such committee may appoint one or more sub-committees.]

(2)Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) [F4or (1A)] above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3)A committee appointed under subsection (1) [F4or (1A)] above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, F5. . .

(4)A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities [F6, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive,] on any matter relating to the discharge of their functions, and any such committee—

(a)may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b)may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5)Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Textual Amendments

F1Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 Pt. I para. 16

F2Words in s. 102(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 31(1); S. I. 1991/828, art. 3(2)

F3S. 102(1A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(a) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(a)

F4Words in s. 102(2)(3) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(b) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(b)

F5Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 otherwise 1.8.1990 and 1.1.1991 as provided by S.I. 1990/1552, art. 3, Sch.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 13(8), 194(4), Sch. 12 Pt. II