Local Government and Housing Act 1989

Section 15.

SCHEDULE 1 E+W+S Political Balance on Local Authority Committees etc.

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 57 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Commencement Information

I1 Sch. 1 partly in force; Sch. 1 not in force at Royal Assent see s. 195(2); Sch. 1 in force for certain purposes at 16.1.1990 by S.I. 1989/2445, art. 4; Sch. 1 in force at 1.8.1990 as it applies in relation to England and Wales and in so far as it is not already in force by S.I. 1990/1552, art. 3.

Bodies to which section 15 applies E+W+S

1 E+W+S Subject to such exceptions as may be prescribed by regulations made by the Secretary of State, section 15 of this Act applies, in relation to any relevant authority or committee of a relevant authority—

(a) to any ordinary committee or ordinary sub-committee of the authority;

(b) to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and

(c) to any such body falling within paragraph 2 below as is a body at least three seats on which fall from time to time to be filled by appointments made by the authority or committee.

2 (1) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in England and Wales or the committees of such authorities, a body falls within this paragraph if it is a body of any of the following descriptions, that is to say—

(a) a relevant authority which is a local authority of any of the descriptions specified in [F1 paragraphs (f) or (h) to (j)]of section 21(1) of this Act;

(b) a local authority of any of the descriptions specified in [F2 paragraphs (k), (m) and (n)]of section 21(1) of this Act;

[F3 (ba) a National Park authority;]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a local fisheries committee for any sea fisheries district;

(e) a committee established in accordance with any regulations made by virtue of section 7 of the M1 Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

(f) a National Parks Committee;

(g) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(h) a joint committee not falling within sub-paragraphs (a) to (g) aboveappointed by two or more relevant authorities under section 102(1)(b) of the M2 Local Government Act 1972.

(2) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in Scotland or to the committees of such authorities, a body falls within this paragraph if it is—

(a) a joint board within the meaning of section 235(1) of the M3 Local Government (Scotland) Act 1973;

(b) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(c) a joint committee appointed by two or more relevant authorities under section 57(1)(b) of the Local Government (Scotland) Act 1973.

Textual Amendments

F1 Words in Sch. 1 para. 2(1)(a) substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 44(a); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F2 Words in Sch. 1 para. 2(1)(b) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 31(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

F3 Sch. 1 para. 2(1)(ba) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 2(8) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M1 1972 c. 11.

M2 1972 c. 70.

M3 1973 c.65.

Construction of sections 15 to 17 E+W+S

3 (1) The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision— E+W+S

(a) as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

(b) as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such agroup;

(c) requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

(d) specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

(2) Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4 (1) In sections 15 to 17 of this Act and this Schedule—

• “advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the M4 Local Government Act 1972 or section 57(4) of the M5 Local Government (Scotland) Act 1973 (advisory committees);

• F4 . . .

• “membership”, in relation to a relevant authority, means thenumber of persons who are for the time being members of the authority,disregarding any person who is treated as continuing to be a member of theauthority by virtue of section 3(3) of the Local Government Act 1972 (chairmanto continue as a member until replaced);

• “ordinary committee”—

  (a)

  in relation to any relevant authority in England and Wales, means theauthority’s F5 . . . social services committee or any othercommittee of the authority appointed under section 102(1)(a) of the LocalGovernment Act 1972, not being a body to which section 15 of this Act appliesby virtue of paragraph 2 above; and

  (b)

  in relation to any relevant authority in Scotland, means the authority’seducation committee, their social work committee or any committee of theauthority appointed under section 57(1)(a) of the Local Government (Scotland)Act 1973;

• “relevant authority”—

  (a)

  in relation to England and Wales, means a local authority of any of thedescriptions specified in [F6 paragraphs (a) to (c), (f) or (h) to (j)] of section 21(1)of this Act; and

  (b)

  in relation to Scotland, means a local authority;

  and

• “seat”, in relation to a body to which section 15 of this Actapplies, means such a position as a member of that body as—

  (a)

  entitles the person holding the position to vote at meetings of the bodyon any question which falls to be decided at such a meeting; and

  (b)

  in the case of a position as member of an advisory committee or of asub-committee appointed by an advisory committee, is not a position which theauthority or committee have determined must be filled by the appointment ofa person who is not a member of the authority.

(2) In this Schedule—

• “ordinary sub-committee”—

  (a)

  in relation to any relevant authority in England and Wales, means anysub-committee of the authority’s F7 . . . social servicescommittee or any other sub-committee of that authority appointed under section102(1)(c) of the M6 Local Government Act 1972 by an ordinarycommittee of that authority; and

  (b)

  in relation to any relevant authority in Scotland, means any sub-committeeof an ordinary committee;

• “social services committee”, in relation to any relevantauthority in England and Wales, means any committee established by theauthority under section 2 of the M7 Local Authority SocialServices Act 1970; and

• “social work committee”, in relation to a relevant authorityin Scotland, means any committee appointed by the authority under section 2of the M8 Social Work (Scotland) Act 1968.

(3) References in this paragraph to voting include references to making useof a casting vote.

Textual Amendments

F4 Sch. 1 para. 4(1): definition of

“education committee”

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F5 Sch. 1 para. 4(1): words in definition of

“ordinary committee”

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(i), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F6 Sch. 1 para. 4(1): words in definition of “relevant authority" substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 44(b); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F7 Sch. 1 para. 4(2): words in definition of

“ordinary sub-committee”

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(b), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

Marginal Citations

M4 1972 c. 70.

M5 1973c. 65.

M6 1972 c. 70.

M7 1970 c. 42.

M8 1968 c. 49.

Supplemental regulation making power E+W+S

5 E+W+S Regulations under section 15 or 17 of this Act or under this Schedule may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.